###### Contents

- 1 Classification of $S$.
- 2 The construction and interpretation of $S$.
- 3 The various parts of a $S$.
- 4 Same: The title.
- 5 Same: The preamble.
- 6 Same: The enacting clause or purview.
- 7 Same: Provisos and exceptions.
- 8 Same: Emergency clause.

section 1.

\_Classification of $S$.

- 9 Declaratory acts.
- 10 Directory acts.
- 11 Other classifications.
- 12 Ancient statutes of England.
- 13 Federal, state, territorial and colonial statutes.
- 14 Public and private statutes.
- 15 Declaratory statutes.
- 16 Affirmative and negative statutes.
- 17 Same: Implied negative.
- 18 Preeeptive, prohibitive and permissive statutes.
- 19 Prospective and retrospective statutes.
- 20 Remedial statutes.
- 21 Penal statutes.
- 22 Repealing statutes.

#### Parts of a Statute and Their Relations.

- 29a. The title
- 33. The preamble
- 34. The purview or enacting clauses.
- 35. Effect of direct conflict between two parts of an act.
- 36. Provisos, exceptions and saving clauses.
- 37. Interpretation clauses: Legislative construction.
- 38. General interpretation statutes.

#### Chapter Ii.

General Rules of Construction.

- 39. Interpretation and construction distinguished
- 40. Interpretation and construction compared.
- 41. Intent first to be sought in language of statute itself.
- 42. Subjects for consideration in showing legislative intent
- 43. Intention of whole net controls interpretation of parts
- 44. Words supplied to carry out intent.
- 45. Words disregarded, eliminated or substituted.
- 46. History of net.
- 47. The "ejusdem generis" rule.
- 48. Equitable construction.
- 49. Effect of a proviso.
- 50. Effect of repealing and amending statutes.
- 51. Punctuation
- 52. When statute takes effect.

GLOSSARY

- 53. GENERAL INDEX
- 54. Abbreviations TO AMERICAN AND ENGLISH REPORTS AND TREATISES.

## Chapter 1 The construction and interpretation of status.

### 1 The necessity for construction and interpretation.

The lay reader would naturally suppose that there was no excuse for the enactment of law which needed any interpretation; that it was the duty of the Legislature to frame their enactments in such simple phrases as to be clear of doubt. But notwithstanding a great deal has been written by text writers and much said in decisions, the fact still remains that because of the imperfection of the language and the variety of circumstances to which it may apply, the construction of statutes by the courts for a considerable period of time is necessary before a cautiouspractitioner would venture an absolute opinion as to the final meaning which will be placed upon the statute law. It is for this reason that wise jurists deprecate inconsiderate and hasty legislation, for in almost all cases it brings in its train a vast volume of litigation and it is only after a considerable period that the statute acquires a fixed meaning.

The example of the Statute of Frauds which was intended to settle the law, but which resulted in so much litigation that a distinguished jurist said that every line had cost a subsidy, shows how legislation generally works. The Statute of Uses and Trusts at the hands of judicial interpretation resulted in accomplishing almost the direct opposite of the object recited in its preamble. This necessity for interpretation has brought about a considerable body of law consisting of the principles and rules of construction.

**SS 2. What may be construed. The general subjects of construction are constitutions and laws in the one class, and private documents in another class. The laws are again subject to subdivision into constitutions and statutes while private documents are easily distinguishable into three distinct classes, namely, dispositive documents or documents transmitting the title to property, as deeds, wills, bills of sole; those which create contractual relations or contracts; and another class which are really only evidentiary, that is, they evidence facts, like receipts.**

It is intended in this connection, however, to treat only the subject of statutory construction. It should be borne in mind, however, that the general principles governing the construction of constitutions and statutes are the same (1).

**SS 3. The various parts of a statute. It may throw some light on the interpretation and the construction of a statute to understand something of the component elements which go to make up a statute. The word "'statute' is used in modern law in a more restricted sense than was given to it anciently. In the Bible and very frequently in the legal nonenelature of the Middle Ages, the word "statute' referred to and included all law. But at the present time the word "'statute" indicates a law deliberately passed by the legislature.**

**SS 4. Same: The title. Regularly every statute has a title, and notwithstanding it was formerly the rule that the title of an act was no part of it (2), under the modern rule which requires that the body of a statute shall not be broader than its title, the title of an act is necessarily an important part of the statute.**

**SS 5. Same: The preamble. The preamble of a statute is a recital generally introduced by the phrase, "Whereas it appears," &c., after which is stated the reasons why the legislature deem it necessary to pass an act. Preambles have in late years fallen greatly into disuse.**

\*\*SS 6. Same: The enacting clause or purview. At the present time generally the first clause in the first section of an act, stating, in effect, that "It is hereby enacted by the General Assembly that" &c., is called the enacting clause or purview. The body of the act describes or states the rule intended to be stated by the legislature.

**SS 7. Same: Provisos and exceptions.** A proviso in a statute is introduced to indicate the effect of certain things which are within the statute but accompanied with the peculiar conditions embraced within the proviso of the act.

Exceptions on the other hand have the effect of excluding from the operation of the statute certain things and in this respect they differ from provisos.

**SS 8. Same: Emergency clause.** An emergency clause of a statute, as it is culled, is a clause which states in effect that it is highly desirable or necessary that the law should go into immediate effect and not await the rising of the legislature$-$that is, the adjournment of the body$-$but shall go into effect on the date when it has received all the sanctions required by the law such as due authentication by the clerks, Secretary of State, and the Governor.

Section 1Classification of Statutes.

**SS 9. Declaratory acts.** Statutes differ essentially in their nature. For example, a statute may be intended merely as a revision or a codification of existing law, avoiding as much as possible introduction of any new rule or principle. Such a statute is called a declaratory act.

**SS 10. Directory acts.** A directory act is one which indicates that a certain thing shall be done under certain circumstances, always in connection with some other more paramount object. It is called directory because even though there be some deviation or omission, that which may be done supposedly under the statute may still have some validity or force although the directory clause of the statute is not complied with. Mandatory clauses in a statute are contrasted with directory clauses for the reason that they are imperatively commanded to be done, otherwise that which is done under the statute cannot have the sanction of the statute.

Generally speaking, when the word "'may"' is used it will be held to be directory and when the word "'shall" or "'must"' is used generally the statute is mandatory. But the context or the subject may leave room for the interpretation of these words according to the evident intent of the Legislature.

Other classifications. English statutes, in part entering into our jurisprudenee and in part foreign, are distinguished as ancient and modern. In our system we have federal, state, colonial and territorial statutes. A generical classification of all statutes is as public or private. The former are divided into species of general, and local or special statutes. General statutes are further divided by other distinctions. In respect to duration they are temporary or perpetual; in respect to the date of taking effect, as prospective or retroactive; as to the nature of their operation, declaratory, permissive, prohibitive, repetitive, remedial, directory, mandatory or repealing statutes; as to form, affirmative or negative. Another large and important class of public statutes is designated as penal (3).

**SS 12**. **Ancient statutes of England**. The statutes termed ancient are those adopted in Latin and French prior to the reign of Edward III., which commenced in 1327 \[(4)\]. Since that time they are contradistinguished as nova statuta, and since the accession of Richard III., 1483, the statutes have been first printed in English, and entirely so since the time of Henry VII. \[(5)\].

Formally the judges formulated the statutes from the petition of the commons and the king's answer \[(6)\]. All those passed at one session of parliament were strung together, making so many capitula or chapters of one statute, to which was usually prefixed a memorandum of the time and place of the meeting of parliament, and the occasion for calling it \[(7)\]. On account of the generality or brevity of ancient statutes, a very liberal and latitudinally construction was practiced and held to be justifiable \[(8)\], not admitted of new or modern statutes \[(9)\]. Hence, there is a wide distinction between the construction of ancient and modern statutes. This consideration should detract from the force of rules of intrepretation which originated in reasons peculiar to the administration of ancient statutes, and originating in the forms of legislation then in vogue and now obsolete, or displaced by others radicallydifferent. These ancient statutes are, so far as appropriate to our conditions and institutions, a part of our common law.

## 8 13Federal, state, territorial and colonial statutes

Federal statutes have force and are binding throughout the Union and the federal domain, or in such lesser part of it as the act professes to operate in. Treaties are also a part of the law (10).

The states have supreme power within their limits for local government, except as this power is restrained by the federal powers. With this limitation, for the purpose of local government, the states are supreme and independent (11). The law-making powers of state legislatures are plenary, subject only to the restrictions of the federal and state constitutions.

Colonial statutes are those in force in the colonies prior to their becoming states. Those laws which were suited to their new condition, politically and otherwise, continued to form part of the jurisprudence of the succeeding states until altered by later statutes. Territorial statutes are those enacted by territorial legislatures, pursuant to the authority of an act of congress (12).

## 14Public and private statutes

Blackstone defines a public act as a universal rule that regards the whole community, of which the courts are bound to take judicial notice; private acts are those which concern only a particular species, tiling or person, and of these the courts are not bound to take notice; they must be pleaded (13). Dwarris thus defines these statutes in contradistinction: "Public acts relate to the public at large, and private acts concern the particular interest or benefit of certain individuals or particular classes of men."' A public act need not be a universal rule, in the sense that it must purport to apply to the whole territory or the entire people subject to the legislative jurisdiction. It may be applicable to only the smallest political division, or to a small class of the people, and still be a public statute. If it concern the public, and not merely a private interest, it is a public statute, though local or special (14). A public statute affects the public at large, either throughout the entire state or within the limits of a particular locality where the act operates; and a private statute relates to or affects a particular person, by name, or so that certain individuals or classes of persons are interested in a manner peculiar to themselves, and not in common with the entire community (15). The form or declaration of the legislature will not fix the character of a law, but this is to be determined by the effect. Otherwise the legislature could evade constitutional provisions (16). In a public act there may be a private clause (17). So, in a private act, there may be a provision of a public nature (18) ; and thus a statute may be public in one part and private in another. A public statute is local when it relates to a particular place or locality, or does not extend to all places which would classify with that to which the act is confined (19). It is special not only when it is local, but also when it is confined in its subject to less than a class of persons or things (20).

Public and private statutes are construed upon different considerations. In a late case Lord Jsher, M. R., said: "In the case of a public act, you construe it keeping in view the fact that it must be taken to have been passed for the public advantage, and you apply certain fixed canons to its construction. In the case of a private act which is obtained by persons for their own benefit, you construe more strictly provisions which they allege to be in their favor, because the persons who obtain a private act ought to take care that it is so worded that that which they desire to obtain is plainly stated in it; but when the construction is perfectly clear, there is no difference between the modes of construing a private act and a public act" (21).

**SS15. Declaratory statutes.** A declaratory act was originally one declaratory of the common law; such statutes were made, says Dwarris, "when an old custom of the kingdom is almost fallen into disuse, or become disputable, in which case the parliament thinks proper,' in perpetuum rei testimonium,' and for avoiding all doubts and difficulties, to declare what the common law is and ever hath been'' (22). Such statutes are to be construed, if possible, according to the common law (23). They are expressed affirmatively or in negative terms. A statute made in the affirmative, without any negative expressed or implied, does not take away the common law (24). In other words, the common law continues to be construed as it was before the recognition by parliament. A declaratory statute should not retroact upon past controversies, or reverse decisions which the courts in the exercise of their undoubted authority have made. This would be the exercise of judicial power, which, if tolerated, might constitute the legislature a court of review in all cases where disappointed partisans could obtain a hearing after being dissatisfied with the rulings of the court (25).

A declaratory statute is sometimes intended to declare the meaning of an existing statute. Such statutes are akin to interpretation clauses,$-$they are futile and inoperative in legislation when designed to affect rights retrospectively; but will operate prospectively (26). A declaration in an act of the legislature as to what they intended in a preceding act does not make the law retrospectively what is so declared to be intended, if the previous act will not bear that interpretation; though such declared intention will be effective in the future (27). Such statutes will be construed, if possible, as intended only to lay down the rule for future cases (28).

## 16 Affirmative and negative statutes

An affirmative statute is one which is enacted in affirmative terms. A negative statute is one expressed in negative terms. These statutes have very different effects; the former is generally cumulative, the other displaces existing rules. An affirmative statute does not take away the common law in relation to the same matter (29). An affirmative provision without any negative expressed or implied makes no alteration in any common-law rule in regard to the same subject-matter. A statute authorizing a tenant in fee to lease for twenty-one years did not affect his common-law right to lease for a longer period (30). An act authorizing a particular court to try a certain offense does not conflict with an earlier act giving power to another to try the same offense (31). Where an affirmative statute provides a new remedy for an existing right not inconsistent with the common-law remedy, the latter is not abolished; the new remedy is e multitive, and the party possessing the right may pursue either at his election (32). The same rule applies as between successive statutory remedies or successive statutes creating rights, and against implied repeal (33). An affirmative statute giving a new right does not necessarily destroy a previously existing right, created by another statute to which it does not refer, but will do so if it appears to have been the intention of the legislature that the two rights should not exist together (34). Although a statute provides that a certain thing shall prove a certain fact, this does not render other proof incompetent unless it is explicitly so provided (35). The absence from the code of a principle which has been part of the jurisprudence does not impair its authority (36).

A negative statute is one expressed in negative terms. And here the rule prevails that if a subsequent statute, contrary to a former, has negative words, it shall be a repeal of the former; and a negative statute, it is said too, so binds the common law that a man cannot afterwards have recourse to the latter (37). Of this form and nature is the provision generally found in the statute of limitations that: 'No acknowledgment or promise is sufficient evidence of n new or continuing contract, by which to take the ease out of the operation of this statute, unless the same is con tained in some writing signed by the party to be charged thereby." Negative words make a statute imperative \[38\].

**SS 17. Same: Implied negative.** An affirmative statute may imply a negative \[39\]. If a new power be given by an affirmative statute to a certain person by a particular designation, although it be an affirmative statute, still all other persons are in general excluded from the exercise of the power, since "expressible unius est exclusio alterius" \[40\]. If a thing is limited to be done in a particular form or manner it excludes every other node, and affirmative expressions introducing a new rule imply a negative \[41\]. Affirmative words which are imperative, and therefore mandatory, imply a negative of anything contrary or alternative to the direction so given \[42\]. Where an act requires that a juror shall have 20 pounds a year, and a later act that he shall have 20 marks, the latter implies an abrogation of the former, otherwise it would have no effect \[43\]. There is an implied negative in statutes which are intended to prescribe the only rule to be observed; they repeal all acts which provide a different rule \[44\].

Where a statute creates a right, and also provides the remedy, the latter is exclusive; it implies a negation of any other (45). So where the same statute creates an offense and prescribes the penalty and mode of procedure only what the statute provides is allowable (46).

The rule of the preceding paragraph is so strong that it may operate as a constitutional limitation on the legislature as illustrated by thefollowing quotation: "There is not, it is true, anything in the Constitution which directly prohibits the Legislature from exacting another oath, in any other form, than that prescribed, to be taken by all officers, in the 4th Article--but Lord Coke says, (1 Inst. 381) that the most natural and genuine way of construing a statute, is to construe one part by another, of the same statute; for this best expresseth the meaning of the makers, and such construction is "'ex viserebus actus." This ruleis alike applicable to all writings, constitutions and compacts -- and it is well remarked, by Judge Nott, in Cohen v. Hoff (2 Treat Rep. 671), that sometimes affirmative words necessarily imply a negative of what is not affirmed, as strongly as if expressed. That remark was applied to the question, whether an Act of the Legislature, authorizing the Governor, in case of the sickness of the Judge on circuit, so as to be unable to hold the Courts, to appoint a person to perform his duty, was or was not constitutional --and to see its full force, it will be necessary to remark, that the 6th Art. of the Constitution declares that the Judges of the Superior Courts shall be elected by both branches of the Legislature$-$and although negative terms are not introduced to restrain the appointment of Judges, in a different manner, that learned and able Judge came to the conclusion that the Constitution must be so understood. If one having authority prescribes the mode in which a particular act is to be done, can the agent who executed it substitute any other? Does not the act of prescribing the mode, necessarily imply a prohibition to all other modes?" (46).

**SS 18.** **Preceptive, prohibitive and permissive statutes.** When a statute commands certain actions, and regulates the forms and acts which ought to accompany them, it is called a preceptive statute (47). A prohibitive statute is one that forbids all actions which disturb the public repose, and injury to the right of others, or crimes and mis deneanors, or forbids certain acts in relation to the transmission of states or the capacity of persons or other objects (48). A permissive statute is one which allows certain actions or things to be done without commanding them; as, for example, when it allows persons of a certain description, or, indeed, any person, to make a will (49), to pre-empt lands, to vote, or to form corporations. Of this nature is a statute which permits a candidate at an election at the polling place or canviass, or that a cergyman-acensed of an ecclesiastical of intense may attend the proceedings of the commission appointed to inquire into the accusation (50). Such statutes confer a privilege or license which the done may exercise or not at pleasure, having only his own convenience or interest to consult (51).

**SS19. Prospective and retrospective statutes.** A prospective statute is one which regulates the future. It operates upon acts done and transactions occurring after it takes effect (52).

A retrospective statute, on the other hand, operates upon a subject already existing or an act done. Certain statutes of this nature are unjust, and, says Chancellor Kent, "are very generally considered as founded on unconstitutional principles, and consequently inoperative and void" (53). Of this obnoxious character are those affecting and change.

ing vested rights (54) ; one which takes away or impairs any vested right under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to transactions or considerations already past (55).

"Ex post faceto" laws, and those inpairing the obligation of contracts, are expressly forbidden by the federal and by state constitutions. The constitutions of some states expressly prohibit restrospective laws generally (56). To avoid injustice and unconstitutionality, it is always laid down as a rule of construction that a statute is to be taken or construed as prospective, unless its language is inconsistent with that interpretation (57).

All retrospective statutes, however, are not unjust or unconstitutional. A large class of remedial and curative statutes have been enacted with beneferent effect. They are liberally construed to carry out the intention of the legislature, in view of the intrinsic merit of the particular case and on a broad, fostering consideration of the general interest (58). Stututes relating to remedies and forms of procedure generally apply to rights already aerned, to eases ripe for action, and actions pending (59) ; but subject to the principle that the right is not thereby destroyed or seriously impaired (60). The legislature is not restrained from all legislation which may prejudicially affect private interests not protected by the constitution (61).

SS 20. Remedial statutes. Remedial statutes are such as the name implies, embracing a great variety in detail; those enacted to afford a remedy, or to improve and facilitate remedies existing for the enforcement of rights and the redress of injuries; and also those intended for the correction of defects, mistakes and omissions in the civil institutions and administrative policy of the state. It is a rule that remedial statutes are to be liberally construed to suppress the evil and advance the remedy (62). But other rules also apply, even to particular provisions of such statutes which come within the general notion of remedial laws, and qualify and abridge the application of the rule of liberal construction, as will be seen hereafter. As, for example, statutes in derogation of the common law (63) ; or for taking private property for public use (64) ; statutes granting power (65), or authorizing summary proceedings for obtaining judgment, as by motion (66), writs of attachment (67), and those providing for any novel proceeding or remedy (68).

## 21 Penal statutes

Penal statutes are often treated as contradistinguished from remedial statutes. They are not, however, in full and direct contrast. Penal statutes are those by which punishments are imposed for transgressions of the law. They are construed strictly and more or less so according to the severity of the penalty (69). When a law imposes a punishment which acts upon the offender alone, and not as a reparation to the party injured, and where it is entirely within the discretion of the law-giver, it will not be presumed that he intended it should extend further than is expressed; and humanity would require that it should be so limited in the construction (70). The general purpose or aim of a statute may be remedial; as where they provide punitive compensation to the injured party (71). But the provisions that enforce the wrong for which a penalty is provided, and those which define the punishment, are penal in their character and are construed accordingly (72). A statute may be remedial in one part and penal in another (73). And the same statute may be remedial for certain purposes, and liberally construed therefor, and at the same time be of such a nature, and operate with such harshness upon a class of offenders subject to it, that they are entitled to invoke the rule of strict construction (74). All of the provisions of criminal statutes are not construed strictly; they are construed strictly against the accused, and favorably and equitably for him (75), but reasonably with a view to effectuate the purpose of the act (76).

**SS 22.** Repealing statutes. Repealing statutes are reoeations of former statutory enactnents (76). A repeal may be in express words or by implication; as where a subsequent conflicting statute is enacted (77). To constitute a repeal by inplieution there must be a eleur repugnuncy or an absurdity in giving effect to both the new and the old act (78). A void act does not of course affect former law, right, or remedy (79).

Section 2Parts of a Statute and Their Relations.

SS 22a. The title. The English courts held the title to be no part of the act; it is said to be no more so than the title of a book is part of the book (77a). In strictness, Lord Coke said, it ought not to be taken into consideration at all (78a). It was generally framed by the clerk of the branch of parliament where the act originated, and was intended only as a convenient means of reference (79a). The same declaration, that the title is no part of the act, has been frequently made by judges in this country (80). But in modern practice the title is adopted by the legislators.

(78)Id. McChord v. C. N. O. & T. Ry., U. S.

(79)Raymond v. Hartford Ins. Co., 196 Ill. 344.

(77a)Mills v. Wilkins, 6 Mod. 62; Salkeld v. Johnson, 2 1x. 258, 283; Rev v. Williams, 1 W. Bl. 93. In Ex parte Liddell, 58 Cal. 683, 635, the court says: "In olden times legislative titles were unknown: bills were drawn in the form of petitions, which were entered upon the parliament rolls. At the end of each parliament the judges put then in the form of a statute, and in that form they were entered on the statute rolls. It was not until the reign of Henry VI, that bills in the form of acts according to modern custons were first introduced. When titles were first introduced there was a general one for all the acts passed in the session, but in the first year of Henry VIII, distinct titles were introduced for each chapter. Until a comparatively recent date the title of an act in this country was regarded as no part of it; but if the language of the act was ambiguous the title might be considered in determining the intent of the legislators."

(78a)Attoreney-General v. Weymouth, 1 Amb. 20; Powlter's Case, 11 Coke, 33,

(79a)Hadden v. The Collector, 5 Wall. 107, 110; Phummer v. People,

(80)Bradford v. Jones, 1 Md. 351, 570; Commonwealth v. Slifer,

58Pa. St. 71; Plummer v. People, 74 Ill., 361, 369; Cohen v. Barrett,

58Cal. 195; State v. Stephenson, 2 Bailey (S. C.), 334; People v. O'Neill,

54Hun, 610, 8 N. Y. S. 123; State v. Woolard, 110 N. C. 779, 25 S. C.

719; United States v. McCrory, 119 Fed., 861 (C. C. A.).

ture, more thoroughly read than the act itself, and in many states is the subject of constitutional regulation. It is not an enacting part, but is in some sort a part of the act, though only a formal part (81), and this is held to be true even in states which have no constitutional provision on the subject (82). By the common law it could not control the plain words of a statute; it was resorted to only in cases of doubt for such aid as it could afford in removing ambiguities (S3). An act may have effect as to persons and subjects broader than the title where the words are plain, and where there is no constitutional barrier (84). But if the meaning is doubtful, the title, if expressive, may have the effect to resolve the doubts by extension of the purview (85), or by restraining it (86), or to correct an obvious error (87); for in ascertaining the intention nothing is to be rejected from which aid can be derived; therefore, the title of an act may claim a degree of notice, and is entitled to its share of consideration (88). But the title cannot enlarge or confer powers, control the plain words of the act, or extend the purview to objects mentioned in the title but not in the act (89). Where the text of the statute is plain and unambiguous, the title cannot have the effect to modify it (90).

The constitutional provision that no law shall embrace more than one subject, and requiring that to be expressed in the title, has given the title of legislative nets more importance (91). It is not, however, required or intended that the title shall contain a full index to all the contents of the law; it is permitted to be general in its terms, and therefore it will seldom occur that it will afford a clue to the intention when the text of the statute is uncertain. But the title of an act is now so associated with it in the process of legislation that when, in performing its constitutional functions, it affords means of determining the legislative intent, in cases of doubt its help cannot be rejected for being extrinsic and extra-legislative (92). The language of an act should be construed in view of its title and its lawful purposes; broad language should be confined to lawful objects (33). The subject or object expressed in the title fixes a limit to the scope of the act, and provisions not germane but foreign to such subject will be excluded as unconstitutional and void (94). The Supreme Court of Kentucky, in speaking of the title of an act, says: "It is essentially a part of the act, not only because it has been selected and adopted by the Legislature as one of the tests of their meaning as expressed in the bill, but because the constitution has made it a part, and the controlling part, of the law to which it applies. It is therefore not only useful in affording a fair index of the legislative intent, in case of ambiguity in the context, but it must be read in connection with the remainder of the act, as a part of it, in determining what is the law" (95).

**SS 23**. The preamble. The preamble in a statute is a prefactory statement or explanation. It purports usually to state the reason or occasion for making the law to which it is prefixed. It accompanies the bill through the process of enactment, and thus emanates from the law-maker. It is not part of the law, in the legislative sense, and hence can never enlarge the scope of a statute; it cannot of itself confer any power. Its true office is to expound powers conferred, not substantially to create them (96). But it is a guide of some importance to the intention of the legislature. It is "'a good means,"' says Lord Coke, "'to find out the meaning of the statute, and is a true key to open the understanding thereof" (97). The supreme court of Alabama says: "'The preamble to an act neither confers nor restricts powers, rights, privileges or duties, and, strictly speaking, is no part of the act itself. If the legislative intent is clearly expressed in the preamble, and the body of the act is so constructed as to render its meaning and intent uncertain; and if the act admits of two constructions, one in accord with the intent clearly expressed in the preamble, and the other in conflict with it, courts should adopt that construction which harmonizes with the preamble" (97a).

The established doctrine seems to be that if, on reading the enacting part, there is no ambiguity or doubt as to its scope or meaning, there can be no recourse to either the title or preamble in search of a different meaning. "This is the case where the words are plain without any seruple, and absolute without any saving" (98). And then the preamble cannot restrain or extend the import of the enacting clause (99).

\*\*SS 24. The purview or enacting clauses. The enacting part of a law is comprehensively termed its purview. It has been defined to be that part of an act of the legislature which begins with the words 'Be it enacted," etc. (100). It is not unitequently used, however, to indicate the providing part only, and, therefore, excluding exceptions, provisos and saving clauses; it is used to refer to such providing part in distinction from such restrictive clauses (101). It is to be presumed that all the subsidiary provisions of an act harmonize with each other, and with the purpose of the law; if the act is intended to embrace several objects, that they do not conflict. Therefore it is an elementary rule of construction that all the parts of an act relating to the same subject should be considered together, and not each by itself (102).

Exceptions, provisos, interpretation, repealing and saying clauses are often introduced to restrict or qualify the effect of general language, remove possible obscurities that might otherwise exist, and render the law more precise. One provision may be qualified by another, though it does not profess to have that effect. Words expressive of a particular intent incompatible with other words expressive of a general intent will be construed to make an exception, so that all parts of the act may have effect (103).

\*\*SS 25. Effect of direct conflict between two parts of an act. Where one part of an act is in conflict with another, and they cannot be brought into harmony by any rule of construction; where they are of equal scope, and there is a point-blank repugnancy, so that if one operates at all it will necessarily antiquoinize any-effect of the other, both are void, by one neutralizing the other, on the ground that the legislature have enacted a contradiction; or one, for being earlier or later in position, must be deemed to render the other nugatory, or repeal it. The decisions are to the effect that the provision which is latest in position repeals the other (104).

A saving clause totally repugnant to the purview is rejected, while a proviso directly repugnant to the main body of the act repeals the purview, as it is said to speak the last intention of the makers (105).

**SS 26. Provisos, exceptions and saving clauses.** It has not been an unfrequent mode of legislation to frame an act with general language in the enacting clause, and to restrict its operation by a proviso. It is often found difficult to limit the language in the enacting clause so as to admit every exception or limitation designed to be introduced into the section in its finished state (106). Provisos and exceptions are similar; intended to restrain the enacting clause; to except something which would otherwise be within it, or in some manner to modify it (107). A proviso is something engrafted upon a preceding enactment, and is legitimately used for the purpose of taking special cases out of a general class, or to guard against misinterpret tion (108). The general intent will be controlled by the particular intent subsequently expressed (109). A proviso is so identified with the text of a statute which'it quantifies that if such enacting part is repealed by a subsequent statute repugnant to it, the proviso will fall also (110). The effect of an exception which is a part of the enacting clause and is of general application is simply to restrict it as to the matter excepted. It operates for this purpose co-extensively with the matter which preceedes. Hence in actions based on the statute the pleadings must negative the exception (111). An exception is strictly construed (112). An exception is not universally so extensive as the provision which it qualifies, as to subject-matter, for its purpose may be, and usually is, to reduce the subject-matter by withdrawing a part from the operation of the general words, or to give them a qualified operation merely as to the matter of the exception (113).

A saving clause is, like a proviso, an exemption of a special thing out of the general things mentioned in the statute (114). Its name implies such exemption to preserve from loss or destruction, and such is its use. It is generally employed to restrict repealing acts; to continue repeated acts in force as to existing powers, inhoate rights, penalties incurred, and pending proceedings, depending on the repealed statute. An absolute repeal puts an end to such rights, powers and proceedings, and discharges such penalties. To preserve them to any extent or for any purpose requires a special provision in the repealing net or existing statute having a saving effect. When such saving is included in the repealing statute it usually follows the repealing clause. The same reasons which exist for a strict construction of a proviso apply to a saving clause where there is an express repeal, and the saving clause is intended to restrict it. The special intent in the saving clause prevails over the general intent in the repeal (115).

**SS 27**.: \*\*Interpretation clauses: Legislative construction. The legislature cannot authoritatively declare what the law is or has been; that is a judicial function and apparatus to the courts (116). The legislature has exclusively the power to make laws, and thus declare what the law shall be (117). A legislative construction of a statute is entitled to consideration, and will often have much weight (118). The legislature in passing an act may declare its meaning and construction, and such declaration will be binding on the courts (118). An act declaring the meaning of a former act will be given effect prospectively (119).

SS 28. General interpretation statutes. Stututory provisions are made in various forms to have effect specially in the interpretation of the law. They are distinguishable, and all are not construed and applied in the same manner. There is a manifest difference between definitive or interpretation clauses which are special, and those which are general; the former always having the most controlling effect where it is obvious that the legislature, without misconception of the effect of other legislation, have precisely in view the particular words or provisions to which the clause in question ostensibly applies.

## Chapter 2 General Rules of Construction.

**SS 29. Interpretation and construction distinguished. There is a difference between interpretation and construction, and this difference consists in the fact that interpretation is confined to the words of the statute, observing of course the etymology and derivation of the words, as they have been used throughout all time, as well as in the vernacular. Construction takes a broader view. It regards all of the surrounding facts and conditions of society, and in this manner seeks the intent of the legislature. While this distinction between interpretation and construction is noticed in the books, and is frequently referred to by the courts, neither is applied to the exclusion of the other, but both are used to ascertain the intention of the legislature.**

\*\*At the very outset in the examination of the statute it is assumed by the court that it was passed by the legislative body in the interest and to the advantage of the public, and therefore means what it says and says what it means. In the event of the statute containing any ambiguity the court applies certain well defined and fixed canons of interpretation and construction in seeking to ascertain the legislative intent and meaning (1).\*\*Dr. Lieber says: "According to the character of the text before us we are obliged to take words either in their common adaptation in daily life, or in the peculiar significiation which they have in certain arts, sciences, sets, provinces, etc.; in short we have to take words according to what is termed "usus lojonendi." Horse, in common language, means a common animal; in a marine insurance case it might mean this animal, or a certain part of the vessel" (2). We are to take the words in that meaning which we may faithfully believe their utterer attached to them" (3). "It is important to ascertain whether words were used in a definite, absolute and circumscribed meaning, or in a generic, relative or expansive character" (4).

"The words of a statute are to be taken in their ordinary and familiar significiation and import, and regard is to be had to their general and proper use" (5).. "The peculiar sense in which a word is used in any section is to be determined by the context. .. If the words of a statute are plain, they must be strictly followed" (6). "It is a rule of construction, founded in reason and supported by many authorities, that words in a will or statute are to be construed according to their strict and proper acceptation, unless there be something to show that such a construction is not intended" (7). "Worlds are to be taken according to their customary, not in their original or class ial, signification"(8). "The most enlightened and experienced judges have for some time lamented the too frequent departure from the plain and obvious meaning of the words of the act of parliament by which a case is governed, and themselves hold it much the safer course to adhere to the words of the statute construed in their ordinary import, than to enter into any inquiry as to the supposed intention of the parties who framed the act" (9). "When technical words occur in a statute they are to be taken in a technical sense" (10). "Words or phrases shall be taken in their plain or ordinary or usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood aecording to their technical import"(11).

The cardinal rule is to seek the intention of the Legislature and it is a very old rule, and the only one which justifies a construction seemingly different from the literal interpretation of the words that "a thing within the intention is within the statute, though not within the letter, and a thing within the letter is not within the statute, unless within the intention" (12).

Even the quaint expression of the old cases is repeated in our modern decisions: "Our law consists of two parts, viz.: of body and soul; the letter of the law is the body of the law, and the sense and reason of the law are the soul of the law.

It often happens that when you know the letter you know not the sense'' (13).

SS30. Interpretation and construction compared. Dr. Lieber defines interpretation as ''the art of finding out the true sense of any form of words; that is, the sense which their author intended to convey, and of enabling others to derive from them the same idea which the author intended to convey'' (14). He uses this word in a sense distinct from construction (15). These words, however, are very generally used interchangeably and as practically synonymous. The literal interpretation of a statute is finding out its true sense according to Dr. Lieber's definition--by making the statute its own expositor. If the true sense can thus be discovered, there is no resort to construction (16). The certainty of the law is next in importance to its justice. And if the legislature has expressed its intention in the law itself, with certainty, it is not admissible to depart from that intention on any extraneous consideration or theory of construction (17).

SS 31. Intent first to be sought in language of statute itself. ''It is beyond question the duty of courts in construing statutes to give effect to the intent of the law-making power, and seek for that intent in every legitimate way. But . . . first of all in the words and language employed; and if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation'' (18).

The Legislature must be understood to mean what it has plainly expressed, and this excludes construction (19). The legislative intent being plainly expressed, so that the act read by itself, or in connection with other statutes pertaining to the same subject, is clear, certain and unambiguous, the courts have only the simple and obvious duty to enforce the law according to its terms (20). Cases cannot be included or excluded merely because there is intrinsically no reason against it (21). Even when a court is convinced that the legislature really meant and intended something not expressed by the phraseology of the act, it will not deem itself authorized to depart from the plain meaning of language which is free from ambiguity (23). If a legislative enactment violates no constitutional provision or principle, it must be deemed its own sufficient and conclusive evidence of the justice, propriety and policy of its passage (29). Whether the law he expressed in general or limited terms, the legislature should be held to mean what they have plainly expressed, and consequently no room is left for construction; but if, from a view of the whole law, or from other laws "in pari materia," the evident intention is different from the literal import of the terms employed to express it in a particular part of the law, that intention should prevail, for that, in fact, is the will of the Legislature (24).

An interpretation of a statute which leads to consequences miselievous and absurd is inadmissible if the statute is susceptible of another interpretation by which such consequences can be avoided (25). But when the words of a provision are plainly expressive of an intent not rendered dubious by the context, no interpretation can be permitted to thwart that intent; the interpretation must declare it, and it must be carried into effect as the sense of the law (26).

In the case of Sturges v. Crowninshield (27) the court say: "Although the spirit of the instrument, especially of the constitution, is to be respected not less than its letter, yet the spirit is to be collected chiefly from its words. It would be dangerous in the extreme to infer from extrinsic circumstances that a case for which the words of the instrument expressly provided shall be exempt from its operation. Where words conflict with each other, where the different clauses of the instrument bear upon each other, and would be inconsistent unless the natural and common import of the words be varied, construction becomes necessary; and to depart from the obvious meaning of words is justifiable. Yet, in no case, the plain meaning of a provision, not contradicted by any other provision in the same instrument, is to be disregarded because we believe the framers of that instrument could not intend what they say. It must be one in which the absurdity and injustice of applying the provision to the case would be so monstrous that all mankind would, without hesitation, unite in rejecting the application."

**SS 32. Subjects for consideration in showing legislative intent. The intent of the Legislature being the cardinal inquiry, the following elements have been recognized as the proper subjects for consideration in ascertaining the legislative intent:** The condition of the old law.

The subject matter of the law, and its condition in fact$-$that is, the state of an art, trade, commerce, or husbandry.

The mischiefs, inconveniences, or hardships of the condition of things existing when the Legislature acted.

The remedy to be provided by the law enacted.

The effect and consequences of diverse constructions of the statute which seem to be possible.

The spirit and object of the law$-$that is to say, the policy of the law.

All these elements are components of what is one whole (28).

It is frequently said that statutes in derogation of the common law are to be construed strictly, but this rule while perfectly feasible and logical at the time of its origin cannot be said to have much operation at the present time if by the common law is meant the common law of England (29). If, however, this rule is confined to the common law of the State or the Nation recognized as existing at the time of the enactment, and having reference also to the rights of persons affected by the legislation, and as therefore restricting what was before the common right, it is a reasonable and proper rule.

A statute should be construed so as to give effect to all of its parts, and to every word of all of its parts (30). It is not proper to confine the attention to the one section to be construed (31). "It is always an unsafe way of construing a statute or contract to divide it by a process of etymological dissection, into separate words, and then apply to each, thus separated from its context, some particular definition given by lexicographers, and then reconstruct the instrument upon the basis of these definitions. An instrument must always be construed as a whole, and the particular meaning to be attached to any word or phrase is usually to be ascertained from the context, the nature of the subject treated of and the purpose or intention of the parties who executed the contract, or of the body which enacted or framed the statute or constitution" (32).

The general intent should be kept in view in detenining the scope and meaning of any part (33).

In seeking the sense of the words several rules have been recognized, namely, (u) words are to be used in their most natural sense, having relation to the subject matter. (b) Where the sense is doubtful the court should lean to that sense which is most agreeable to justice and the spirit and reason of the law (34).

SS 33. **Intention of whole act controls interpretation of parts.** Words and clauses in different parts of a statute must be read in a sense which harmonizes with the subject-matter and general purpose of the statute. This rule is well stated by Chancellor Kent in his Commentaries as follows: "'In the exposition of a statute the intention of the law-maker will prevail over the literal sense of the terms; and its reason and intention will prevail over the strict letter. When the words are not explicit the intention is to be collected from the context; from the occasion and necessity of the law; from the mischief felt, and the remedy in view; and the intention is to be taken or presumed according to what is consonant with reason and good discretion" (35). If upon examination the general meaning and object of the statute be found inconsistent with the literal import of any particular clause or section, such clause or section must, if possible, be construed according to that purpose. But to warrant the change of the sense, according to the natural reading, to accommodate it to the broader or narrower import of the act, the intention of the legislature must be clear and manifest (36).

Literal interpretation is seldom adequate. "The subtle signification of words," says the Supreme Court,"and the niceties of verbal distinction furnish no safe guide for construing the Act of Congress" (37). An act which authorized the purchase, or if necessary the appropriation, of land for cemetery purposes, provided that no land should be so appropriated within two hundred yards of any dwelling-house. It was held that the intent was to prevent the evil effects of a cemetery within the specified distance of a dwelling, and that the words so appropriated should be read in the sense of devoted to the purpose in question and so as to limit the acquisition of property by contract or condemnation (38). An act provided that life insurance effected by the husband on his own life should inure to the benefit of the widow and next of kin to be distributed as personal property, free from the claims of the husband's creditors. The act was held to apply to insurance effected by the husband before his marriage (39).

The mere literal construction of a section in a statute ought not to prevail if it is opposed to the intention of the Legislature apparent by the statute; and if the words are sufficiently flexible to admit of some other construction it is to be adopted to effectuate that intention (40). The intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act. "While the intention of the legislature must be ascertained from the words used to express it, the manifest reason and the obvious purpose of the law should not be sierificed to a literal interpretation of such words'' (41). Words or clauses may be enlarged or restricted to effectuate the intention or to harmonize them with other expressed provisions (42).

SS 34. Words supplied to carry out intent. ''The intention of the legislature being ascertained with reasonable certainty, words may be supplied in the statute so as to give it effect and avoid any repugnancy or inconsistency with such intention'' (43).

SS 35. Words disregarded, eliminated, or substituted (44). Where a word or phrase in a statute would make the clause in which it occurs unintelligible, the word may be eliminated and the clause read without it (45). It would be mischievous to attempt to wrest such words from their proper and legal meaning merely because they are superfluous (46). A statute of Illinois provided that any woman of the age of twenty-one years or upwards, belonging to either of the classes mentioned in article seven of the Constitution of the State, might vote for school officers. The three classes thus incorporated into the act were, (1) those who were electors in the state on April 1, 1848, (2) those naturalized prior to January 1, 1870, and (3) male citizens of the United States, above the age of twenty-one years. Literally the act gave women the right to vote provided they were male citizens. It was held that the word "male" should be rejected in construing the statute (47).

**SS 36. History of act.** In interpretation and construction the history of an act should be considered, and generally throws much light on the meaning of the words.

**SS 37. The "ejusdem generis" rule.** General words following particular words are confined to the genus of the particular words used (48), or, in other words, general words will be limited to the same genus or class as the specific words which precede them.

In Broom's Legal Maxims (side page 65) the rule is laid down as follows: "Where a particular class (of persons or things) is spoken of, and general words follow, the class first mentioned is to be taken as the most comprehensive, and the general words treated as referring to matters 'ejusdem generis' with such class; the effect of general words when they follow particular words being thus restricted."

Sedgwick, in his work on Construction of Statutes (page 361), says: "Where general words follow particular words, the rule is to construe the former as applicable to things or persons particularly mentioned."

The decisions of the courts fully sustain the text-writers, that this is the true rule of construction in such cases, subject to certain limitations not necessary to be mentioned here (49).

"When several statutes relate to the same thing and are made in 'pari materia' (50), they are all to be taken together in the construction of any one of them and considered as one statute."

If parts of a statute are so mutually connected with and dependent on each other, as conditions, considerations or compensation for each other as to warrant a belief that the Legislature intended them as a whole, and that if all could not be carried into effect, the Legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them (51).

**SS 38. Equitable construction. "An equitable construction of statutes is sometimes necessary; so that acts within the letter shall not be considered within the meaning, and acts not within the letter shall be considered within the meaning. If a law be made, that whoever does a certain act shall suffer death, it will not comprehend a madman" (52).**

**SS 39. Effect of a proviso. In the case of Am. Ex. Co. v. U. S. (53), Mr. Justice Day, in his opinion says: "There is no doubt that a proviso has not infrequently been the means of introducing into a law independent legislation, notwithstanding it is the true office of a proviso to restrict the sense or make clear that which has gone before and which might be doubtful because of the generality of the language used (54). This court has had occasion to hold more than once that language used in provisos shows the legislative intention to bring in new matter rather than to limit or explain that which has gone before (55).**

"While, therefore, a proviso may sometimes be construed as extending rather than limiting legislation, each statute must depend upon its own terms, and a proviso will be given such construction as is consistent with the legislation under construction" (56).

**SS 40. Effect of repealing and amending statutes. The expiration of a repealing statute does not necessarily revive the original act unless such intention clearly appears, but the expiration of a repealing statute by its own termination revives a statute supplied or suspended by it (57). The repeal of an act creating a new cause of action destroys the right of action unless it is expressly**reserved (58). The general rule is that independently of express words on the subject of revival, repealing a statute which repealed a former act revives the first statute (59). Where a statute professess to repeal absolutely a prior law and substitutes other provisions on the same subject limited to continue only a certain time, the prior law does not revive after the repealing statute is spent unless that intention is expressed (60).

"Where an existing general statute is amended so as to leave it in full force and effect so far as it goes, and the only amendment consists in the addition of new matter, a limitation in the amendatory statute providing that such statute shall not affect pending suits or proceedings qualifies only the addition which is made to the pre-existing general law by the amendatory statute and does not qualify or limit the pre-existing general law itself. In the case of a statute amended "so as to read as follows' the portions of the amended sections, which are merely copied without change, are not to be considered as repealed and again enacted, but to have been the law all along (61).

"Where an amendment preserves a portion of a section unaltered, but adds new matter to the section, it is equivalent to an independent statute embodying the new matter" (62).

SS 41. **Punetuation**. When statutes were enacted without punctuation, it was a necessary conclusion that the punctuation subsequently inserted was no part of the law. That was often declared (63), and has been declared since the practice has changed and punctuated bills are enacted (64). So, when bills are not printed and furnished in their perfected form to members of the legislative body, and they are heard read, so that the ear and not the eye takes cognizanee of them (65), the punctuation, whether inserted or not, does not receive the attention of individual legislators. 1t may be assumed that the principal points are observed in the reading. The questions in court relating to punctuation or affecting construction have generally arisen on the presence, omission or misplacing of commas.

In Ewing v. Burnet (66), the court say: "Punctuation is a most fallible standard by which to interpret a writing. It may be resorted to when all other means fail; but the court will first take the instrument by the four corners in order to ascertain its true meaning. If that is apparent on judicially inspecting it, the punctuation will not be suffered to change it" (67).
from the first day of the session of the Legislature in which they are passed, unless a particular time for the commencement is appointed in the statute, and then it takes effect from that time; but the injustice of giving statutes a retrospective operation has induced the Parliament of Great Britain to pass an act that the Clerk of Parliament shall endorse on the act the time it receives the royal assent, which shall be the time of its connencement. But no law should be in force till it has been published so that the people have an opportunity of knowing the prc. visions of it; and in some states there is a provision that all public statutes shall take effect from the rising of the general assembly by which they are passed, unless otherwise directed by such statutes.

Glossary

\--

ABatement OF ACTIONS. A suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. ABatement OF A NUisance. The removal of a nuisance. A section on this CASE. A form of action which lies generally to recover damages for torus not committed with force; or having been occasioned by force where the matter affected was not tangible, or the injury was not immediate but consequential; or where the Interest in the property was only in reversion. This form of action is also called _trespass on the case_; and also, simply _case_. ADJECTIVE LAW. That part of the law which deals with the methods of enforcing rights and punishing and preventing their infringement. ADMINISTRATOR. One who is appointed by the court to administer the estate of a deceased person. He is practically the same as an executor, except that the latter is named by the deceased in his will. An _administrator dc bonis non_ is one appointed by the court to complete the administration of an estate when a prior administrator has been removed, by death or otherwise. ADVANCEMENT. A gift from a father to his child by way of anticipation of the share which the child would inherit in the father's estate, and intended to be deducted therefrom. ADVERSE FOSSESSION. The possession or occupation of land under such circumstances as Indicate that the occupation has been commenced and continued under an assertion or color of right on the part of the occupant. AFFIDAVIT. A written declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.

ANIMUS FURANDI. The intention to steall.

APPEAL. The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of obtaining a review of the lower court's decision.

APPURTEENANCE. That which belongs to something else. Used in convegancing to describe rights which pass with the land conveyed, as incident thereto, such as easements.

ASPORTATION. A carrying away of personal property. Its removal from one place to another.

ASSIGNENCE. One to whom an assignment is made.

ASSUMPSIT. A form of action which lies for the recovery of damages for the non-performance of a purol or simple contract; or is contract that is neither of record nor under seal.

ATTACHIMENT. Taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. A writ for the accomplishment of this purpose.

ATTEST. To witness the execution of a written instrument and subscribe the same as a witness,

BALL. Security given for the appearance on a day and place certain of a person arrested or imprisoned, upon his release in reliance upon such security.

BALLIMENT. A delivery of something of a personal nature by one party to another, to be held according to the purpose or object of the delivery, and to be returned or delivered over when that purpose is accomplished.

BARTER. A contract by which parties exchange goods or commodities for other goods or commodities.

REQUENT. A gift of personal property by will.

BILL OF ENCHANGE. A written order by one person, called the "drawer" or "unker," to another, called the "drawer" or "acceptor," to pay money to another, called the "payee," or his order, or to the bearer. A bank check is one form of bill of exchange.

BILL OF LADING. A written undertaking for the carriage and delivery of goods, given by a carrier to a consumer.

BILL OF PARTICLEARS. A written statement of the participants of the demand for which an action is brought, or upon which a setoff is based, furnished by one party to another.

HONA FIDES. In good faith.

BONA FIDES FURCHASER. A purchaser for a valuable consideration paid or parted with in the belief that the vendor had a right to sell, and without any suspicious circumstances to put him on Inquiry.

A need or Instrument under seal by which the maker or obligor promises, (and also binds his heirs, executors, and administrators) to pay a fixed sum of money to another; usually with a clause to the effect that upon performance of a certain condition the obligation shall be void. The term is also used to denote certificates of indefulness issued by corporations, governments, and municipalities as security for the repayment of money loaned to them.

A town.

A verit ordering the officer to whom it is directed to take the body of the defendant Into custody.

(See Action on the Case).

CAUSA MORTIS. (See Morris Causa).

CAVEAT EMPATOR. Let the buyer take care. This expression means that the purchaser of an article must examine, judge, and test it for himself, being bound to discover any obvious defects or imperfections.

CESTUI QUE TRUST. The beneficiary of a trust.

CESTUI QUE USE. The beneficiary of a use.

CHANCEERY. A court of equity; the system of jurisprudence administered in a court of equity.

CHARTTER. An act of the state creating a corporation. Also, an instrument which confers corporate powers.

CHATTEL. An article of personal property.

CHOSE. A thing.

CHOSE IN action. A right of action to recover a debt, demand, or thing.

CIRCUMSTANTIAL EVIDENCE. Evidence directed to the attending circumstances and tending to prove the principal fact by inference from such attending circumstances.

CIVIL action. An action between private parties, as distinguished from a _criminal action_, which is brought by the state to punish crime.

CLOSE. A piece of inclosed land.

CODICII. An addition or supplement to a will. It must be executed with the same formality as a will.

COMPETENCE. In the law of evidence, _competence_ means being of such form, irrespective of subject matter, as to be admissible in evidence. It is often used to include the meaning expressed by _relevance_, which see.

## Chapter 6 Glossary

The following is a list of the _participants_

## Chapter 6 Glossary

The fact of carrying into effect the final judgment or degree of a court.

Execution (See Administrator).

ENONERATION (IN SURETYSHIP). The right which a surety has, on payment of the debt, to look to the principal debtor for reimbursement.

EX PARTE. On one side only ; as a _hearing ex parte_, where only one side is present.

ENTRADITION. The surrender by one state or country to another, on its demand, of a person charged with crime, that he may he dealt with according to law.

ENTRADUCHAL. That which is done outside of the regular course of a judicial proceeding; as an _extrajudicial opinion_ (remarks of a judge not necessary to the decision of the case before him. Such remarks are called _obiter dicta_, or more commonly, _dicta_).

FACTOR. A commercial agent who is entrusted with the possession and control of merchandise consigned to him by his principal for the purpose of sale and who sells in behalf of the latter, but in his own name.

FEE-SIMPLE. A frecchold estate of inheritance, absolute and unquallted; the largest estate one can have in land.

FEE-TAIL. An estate of inheritance which descends to certain classes of particular herbs, instead of to heirs generally.

FELONY. An offense of considerable gravity ; a crime above the grade of _misdemeanor_. In the United States the word is defined by several of the statutes and codes to include all crimes punishable by death or imprisonment in a jenitentary or state imprison.

FECOFFEE. One to whom a frecchold is made.

FECOFFMENT. A common law method of passing title to land by making a livery of sells.

FORREFEURE. The loss of an estate, franchise, or other property, by the set of the law and as a consequence of some undfsensme, negligence or omission.

FREREHOLD. An estate of inheritance, or for life, in land or other freni property, help in free tenure.

GENERIAL VARIRANTY. The name of a covariant of warranty inserted in a deed, by which the grantor warrants the title against the lawful claims of all persons whitsoever.

GIFT MOREIS CAUSA. A gift of personal property made by one in combination of his approaching death, but with the intent that if he should survive the gift shall not take effect.

Glossary

GRAND JURY. A body of men (usually twenty-three) who inquire as to the commission of offenses, hearing evidence only against the accused, and in proper cases return _indictments_ or accusuttions against such accused. GUARANTY. A promise to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person, who, in the first instance, is liable to such payment or performance. HAREAS CORIUS. A writ directed to a person detaining another, commanding him to bring the prisoner before the court for the purpose of an inquiry as to the legality or illegality of the restraint. HEREDIATEMENTS. Things capable of being inherited. A word used in conveysancing as the widest expression for real property of all kinds. The term _corporcat hereditatment_ means one which is tangible, and is practically synonymous with _lund_. _Incorporcat hereditatments_ are those which are not tangible, and are generally the rights and profits annexed to or issuing out of land. HOLOGARPHIC WILL. A will written entirely by the testator in his own hand. HUNDRED. One of the divisions of an English county or shire under the Saxon organization. A hundred comprised one hundred free families. IMPANEL. To make up a list of the jurors who have been selected for the trial of a particular cause. IMPEACHIMENT OF WASTE. Elability of one in possession of real estate for a term for waste committed. IMPEACHIMENT OF WITNESS. Proof that a witness who has testified is unworthy of credit. INCORPOREAL HEREDIATMENT (See Hereditaments). INDENTURE. Formerly a deed in two copies with notched or irregular edges so that the two copies could be identified by fitting the edges together. Now any deed by which two or more parties enter into reciprocal obligations. INDICTMENT. An accusation presented by a grand jury. INFANT. A person not of full age; a minor. INFORMATION. An accusation in the nature of an indictment, but presented by a competent public officer on his oth of office instead of by a grand jury. IN PERSONAM. Against the person. Applied to actions where the direct object is to impose upon the defendant a personal obligation to obey the order, judgment, or decree of the court. (See In Rem.) IN REM. Against the thing. Applied to actions where the direct object Is to reach and dispose of specific property within the jurisdiction of the court, or of some interest in it. (See 1111.). INTERPLEADER. An action in equity which lies at the instance of one having property claimed by rival claimants to make them _interpolated_ or contest the right to such property between themselves. INTERSTATES. Without a will. Applied to a deceased person. JEOPANDY. Deniger: peril. The danger of conviction and punishment which the defendant in a criminal action incurs when he is brought to trial. JOINT AND SEVERAL. An obligation against two or more which may be enforced against all jointly, or against each individually. JOINT-TENANCY. An estate in which the tenants have one and the same interest, owning by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The-important incident of joint tenancy is survivorship, by which, on the death of one joint tenant, the entire interest goes to the survivors, and finally to the last survivor. JUDICAL NOTICE. A term used to express the doctrine that a court will, of its own knowledge, assume certain facts to be true without the production of evidence in support of them. It is said that the court _takes judicial notice_ of such facts. JURY. The body of men (usually twelve) who decide questions of fact in ordinary trials at law. JURY, GRAND (See Genab Jerry). LACHES. Such delay or failure to actus will bar a person's rights. LAPSED LEGACY (See Legacy). LEGACY. A bequest or gift of personal property by will. A _lapsed_ legacy is one which fails to test by reason of the death of the legate before the testifator, or before the time for testing. LEGACEE. One to whom a legacy is given. LEVY. A seizure of property to satisfy a judgment. LICESE. A permit to do an act which would otherwise be unlawful, as to enter another's land, but not creating an easement. LICESE. One to whom a license is given. (See License). LIGEN. A charge imposed upon specific property, by which it is made security for the payment of a debt, or the performance of an act. LMITATIONS. STATUTE OF. (See Statute of Limitations). LIVERY OF SEISIN. The ceremony, at common law, for transferring the possession of land by a grantor to a grantor. It was usually performed by the parties going together upon the land and the grantor delivering to the grantee a twig, cold, key, or other symbol.

LOCUS IN QUO. The place in which.

MAGNA CHARTA. The great churter of liberty granted by King John of England to the barons, at Runnymede, June 15, 1215.

MALFEASAANCE. The wrongful or unjust doing of some act,

MALICE. Ill will toward some person. Generally a wrongful act done intentionally and without just cause or excuse is said to show mallee.

MALICE AFORETHOUGHIT. Dellberate, predetermined malice. The term is most generally used to define the crime of murder, which is defined as the unlawful killing of a human being with malice aforethought.

MALICE PREPENSE (The same as Malice AFORETHOUGHIT).

MISDEMEANOR. A criminal offense which does not amount to the grade of colony. (See Felony).

MISFEASAANCE. Not doing a lawful act in a proper manner, or omitting to do it as it should be done.

MISTAKE OF LAW. An erroneous conclusion as to the legal effect of certain facts owing to an imperfect knowledge of the law.

MORTIS CAUSA. In contemplation of death. (See Gift Morris Causa).

NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.

NEGOTIABLE. Chapule of being transferred by assignment, indorcement, or delivery, as a negotiable bill of exchange or promissory note.

NOMINAL DAMAGES. A trifling sun awarded to the plaintiff in an action, where the plaintiff has suffered no substantial damage, but where there has nevertheless been a technical invasion of his rights or a breach of duty by the defendant.

NON COMPOS MENTIS. Not of sound mind.

NON CONSTAT. It does not appear; it is not clear or evident.

NON-FEASANCE. An omission to perform a duty.

NUISANCE. Something which wrongfully disturbs one in the enjoyment of real property or of a public highway, as an offensive odor or an obstruction in the highway.

NUNCUPATIVE WILL. A will which depends merely upon oral evidence, having been declared or dictated by the testator in his last illness before a sufficient number of witnesses, and afterwards reduced to writing. A mucquative will cannot pass the title to reality, and its effect as regards personality is limited by many conditions and restrictions.

OBLIGEE. One in whose favor an obligation exists.

## Chapter 6 Glossary

ORLIGOOR. One who is bound by an obligation,

PARTICULAR ESTATE. A limited estate which is taken out of a fee, and which precedes a reminder; as an estate for years, or for life, (See Remainer).

PARTICULARS, RILL OF. (See Bill of Particulas)

PERSONAL PROPERT. Property of a personial or movable nature, as distinguished from real property.

PARTICULARS. The party who brings an action at law.

PHEADING. That branch of the law which relates to the written allegations of claims and defenses used in an action in court,

PLEBOEE. One to whom a place is made,

PLEBOOR. One who makes a place.

POSTHEMOUS CHILD. One born after the death of its father; or, when the Cesarean operation is performed, after the death of its mother.

PREECIPE. A written order directed to the clerk of a court requesting him to issue a summons. It is the means by which actions at law are commonly begun, the prestige being written out and signed by the plaintiff or his attorney.

PROFIT A PRENDIRE. A right to take soil, gravel, minerals, and the like from the land of another. It is an interest in the estate.

PRIMA FACIE. At first sight; on the face of it. A party to a suit is said to make a _prima facie_ case when he has made a sufficient showing to settle him to judgment unless a further showing is made by the other side.

PRESCRIPT. A mode of acquiring title by adverse possession for a period of time fixed by law.

PRESCRIPTIVE EVIDENCE. Any evidence which is not direct and positive.

PROBATE. The act or process of proving a will in a court which has jurisdiction of the estates of decedents. A _probate_ court is such a court.

PROCESS. Generially, a well served upon a defendant for the purpose of compelling him to appear in court.

PROCEDURE. A term used to denote the body of rules whereby rights are effeutated through the application of the proper remedies. The law of procedure is commonly called _adjective lac_, which see.

PROMISE. One to whom a promise is made.

PROOMET (OF A CORPORATION). One who takes an active part in the organization of a corporation.

QUASH. To aimu; to make void, as to _quash_ an indicment.

QUASH. Like; corresponding to,
**QUASI-CONTRACT.**: An obligation in the nature of a contract, which is implied by law.

REAL PROFERTY. Lands, tenements, and hereditaments.

RECEIVER. One appointed by the court to take possession and control of property pending litigation and some final order of the court.

RELEVANCE. In the law of evidence, _relevance_ means sufficiently related to the subject matter of inquiry to be admissible in evidence. (See Competence).

REMAINDER. An estate limited to take effect and be enjoyed after another estate (called the _particular_ estate) is determined. (See Particular Estate).

REMAINDER-MAN. One to whom a remainder is given.

REPLEVIN. An action to recover possession of goods.

RESCISSION. The cancelling or annulling of a contract or deal.

RES GESTAE. Circumstances, facts, and declarations which grow out of the main fact, are more or less contemporaneous with it, and serve to illustrate its character, as for example, spontaneous statements made by an engineer immediately after an accident, concerning the cause of the accident, are said to be part of the _rcs gestor_.

RESIDENCE. The place where one makes his home.

REVERSSION. The residue of an estate left in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised.

RIPARIAN. On the shore. _A riparian otener_ or _propriettor_ is one who owns land on the shore.

SCIRI FACIAS. A writ founded upon some record, requiring the party against whom It is brought to show cause why the party bringing it should not have advantage of such record.

SEISED. Possessed of an estate in fee.

SEISIN. The possession of a fee in reality.

SET-OFF. A counter claim or cross-demand set up by a defendant against the claim of a plaintiff.

SPECIAL WARRANTY. The name of a covenant of warranty in a

- - \[34\] A.

Ing war against them, or in adhering to their enemies, giving them aid and comfort." Art. 3, SS 3, cl. 1.

TRESPASS. An invasion of another's right of security of person or of property. A form of action which lies for the redress of any unlawful Injury done to the plaintiff by the immediate force and violence of the defendant.

TRESPASS AR INITIO. Trespass from the beginning. Applied to an act which is lawful at the time it is commenced, but which has its character changed by a subsequent minafful act, so that the door is considered as having acted unlawfully from the beginning.

TRESPASS ON THE CASE (See Action on the Case).

TRUST. An equitable or beneficial right or title to land or other property held for the beneficiary by another, in whom resides the legal title or ownership, recognized by courts of equity. A trust differs from a _use_ in that under the former there is imposed upon the legal owner (called the trustee) some active duty to be performed in connection with the trust, while under the latter there is not. The effect of the _Statute of Uses_ (1536) is to make the latter take effect as legal estates in the beneficiary.

TRUST-RES. The property which is the subject of a trust,

ULTRA VIRES. Beyond the power. Applied to acts of a corporation beyond the powers conferred by its charter.

USE (See TRUST).

VENDEE. One who buy2, generally real property.

VENDOR. One who selis, generally real property.

VENDE. Locality; $\\mathfrak{P}$ ace. Also, the heading of a legal document showing the state and $\\mathfrak{P}$auty to which it relates.

VERIFIED. Confirmed or substantiated by oath.

VICINAGE. Neighborhood; vicinity.

WAIVER. The surrender of some right or privilege which the law gives.

WARRANT. To engage or promise that a certain fact or state of facts, In relation to the subject matter of a transaction, is, or shall be as it is represented to be.

WARRANTY, GENERAL (See General Warranty).

WARRANTY, SPECIAL (See Special Warranty).

WARFINGER. One who owns or keeps a what for the purpose of receiving and shipping merchandise to or from it for hire.

YEAR BOOKS. Books of reports of English cases decided in the period from the reign of Edward I to that of Henry VIII. They were published annually.

## General Index

- \[1\]
  ACCESSION-- (Continued)

who is entitled to, IV, 16-7.

test of identity, IV, 17-8.

test of increased value, IV, 18-9.

innocent conversion, IV, 19-22.

willful conversion, IV, 22-4.

ACCESSORY--

as party to crime, III, Sko

ACCIDENT--

See Excuses for Trespass.

as excuse for trespass, II, 26-8.

defined, II, 165.

distinguished from intent and negligence, II, 5-8,

liability for, II, 165-89.

liability for damage by animals, II, 170-82.

liability for damage by water, II, 182-9.

liability for explosives, II, 169-70.

liability for fire, II, 166-8.

liability for, where caused by unlawful act, II, 165.

liability of intermeddler for, II, 166.

ACCIDENTAL CONFUSION (see Confusion).

ACCIDENT INSTRANCE (see Insurance).

ACCIDENT LIABILITY COMPANY--

liability for coercing employer to discharge employee, II, 275-7.

ACCIDENTAL Trespass--

defined, II, 26.

ACCOMMODATION PAPER--

power of corporations to issue, VIII, 184.

ACCORD AND SATISFACTION--

by implication, I, 118.

conditional satisfaction, I, 117.

instruments under seal, I, 117.

possibility of equitable relief on accord, I, 117.

bilateral, I, 116.

undiateral, I, 116.

ACCOUNTING--

for profits as incidental to injunction against infringement of patents,

VI, 331-2.

for profits as incidental to injunction against infringement of copyrightists, VI, 333.

for waste, VI, 293-8.

for legal waste, VI, 293-5.

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the Appendix.

**Lemma A.1**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.2**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.3**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$.

- (Continued) between firms with common member, VIII, 42. of contract, XI, 176:94, for damages, whether barred by buyers acceptance, 111, 382:3, of tort, XI, 194-211. translitory. (See Transitory Actions.) action to recover land, XI, 167-76. noudern forms of, XI, 167-8. for possession, as method of terminating tenney, 1V, 393-4, ACTIVE WASTE-- mandatory injunction after, VI, 298. ACTIVE PARTNER--what are, VIII, 20. ACTOK--enforcement of contract not to act except for plaintiff, VI, 299-3, ACTUAL PARTNER--should be joined in suits of partnership, VI11, 61. ACTUAL SERVICE--of process, defined, XI, 334-5. of process under modern practice, XI, 336, of summons at common law, XI, 385-6, ACQUIESENCE--by plaintiff, as affecting remedy of rescission, VI, 281-2. by plaintiff, as affecting right to injunction, VI, 332. whether bar to injunction against infringement of copyright, VI, 333, whether defense to injunction against infringement of patent, VI, 330-1, ADAPTABILITY--of clattels to reality as test of fixtures, 1V, 377-8. ADDITIONAL ABSTRACT OF RECORD--in criminal cases, III, 272. ADDRESS--of bill in equity, XI, 275. ADJECTIVE LAW (see Law)--evidence, part of, XI, 1-2, practice, a branch of, XI, 317-8, ADJUDICATION--as source of law, I, xii-xiii, ADMINISTIATION--andillary, VI, 105. domiciliary, VI, 105.

**ADDMISSIONS--**

effect of, upon evidence, XI, 3.

in evidence, XI, 39-47.

competent on sanie theory as confesslons, XI, 39-41.

distinguished from admissions in pleadings or open court, XI, 41.

admissions by conduct, XI, 41-2.

admissions by silence, XI, 42.

admissions in testimony in other cases, XI, 42-3.

first-hand knowledge not a requisite of admissions, XI, 43-6.

admissions of agents, XI, 43-6.

scope of rule, XI, 44:5.

limitations of rule, XI, 45-6.

admissions of predecessors in title, XI, 46-7.

admissions of joint conspirators, XI, 47.

**ADDMISSION TO THE BAR--**

control of, by courts, XII, 20-1.

**ADDPTED CHILDREN--**

intestate succession of and from, VI, 24-5.

**ADDPTION OF CHILDREN (see Children), II, 378-81.**

**ADDULTERY (see DVOREC).**

charge of, against physician, whether actionable slander per se, II, 200.

crime of, III, 189-90.

**ADVANCEMENTS--**

effect of, on intestate succession, VI, 29-31.

**ADVERSE POSSESSION (see Real Estate).**

real estate, title to extinguished by, V, 203-214.

as entitling holder to remove cloud on title to premises, VI, 352.

increase of property in, IV, 44-5.

**ADVERTISEMENT--**

**easement of, on land of another, IV, 247.**

**as offer for contract, I,10-20.**

**ADVERTISING--**

**legitimate, of attorneys, XI, 394-5.**

**ADVISORY OPINIONS--**

**nature and effect of, XII, 48-9.**

**AESTHETICS--**

**law of, (see Law).**

**AFFECTIONS (see Alenation of Affections).**

**AFFIDAVIT--**

**of applicant necessary for interpleader, VI, 358,**

**in evidence, XI, 63.**

## General Index

Affirmation (see Oath).

Affirmative answer--

under code pleading, XI, 314.

Affirmax--

what is, 111, 186.

Affirmax--

after acquirred PROPERT--

title to, passed by will, VI, 82-3.

AGENCY--

(See Agent).

acts customarily delegated by agents in particular business, I, 293.

act must be performed for existing principal, I, 242.

act must be done on behalf of disclosed principal, I, 243.

agency by necessity, I, 250.

agency by estoppel, I, 250.

formation of the relation, I, 235-252.

article on subject, I, 230-362.

agent generally liable for torts to third party, I, 346.

agent generally not liable on contracts for disclosed principal, I, 349-50.

agent may sue on contract of undisclosed principal, I, 359.

agent may sue in his own behalf where he has a special property, I, 360-61.

agent may sue on written contract in his name, I, 360,

agent may sue third party in quasi contract, I, 361-2.

agent not liable to third party for duty owed solely to principal, I, 346-7.

agent ordinarily must discharge duties personally, I, 292.

agent's duty of accounting, I, 291.

agent's duty of loyalty, I, 288.

agent's duty of obedience, I, 286.

agent's duty to inform principal of facts, I, 291.

agent's liable for unauthorized contracts, I, 351-3.

agent's liable on contracts for undisclosed principal, I, 354-5.

agent's liability for contracts made on behalf of non-existing or incompetent principal, I, 353.

agent's liability for performing duty to principal injurious to third party, I, 347-8.

agent's liability on sealed and negotiatable instruments made for principal, I, 350.

agent's liability to third party, I, 346-356.

agent's liability to third party in tort, I, 346-348.

agent cannot make personnel profit from agency, I, 288-9.

GENERAL INDEX

AGENCY--(Continued)

agent cannot represent both parties without principal's consent, I, 289-90.

agent distinguished from independent contractor, I, 306.

agent employed to buy or sell who buys or sells for himself is constructive trustee, VI, 447.

agent a competent witness to prove agency, I, 331.

agent's liability to third party in quasi contract, I, 355.

appointment by sealed instrument, I, 251.

authority by estoppel distinguished from incidental authority, I, 321-2.

authority of agent by estoppel, I, 321.

capacity to act as agent, I, 238.

classification of duties to the servant by master, I, 267.

competence of parties to the relation, I, 235-S.

conditions of valid ratification, I, 242.

consequences of permitted delegation by agent, I, 294.

contracts made for disclosed principal, I, 310-23.

contracts on behalf of undisclosed principal, I, 324-29,

contributory negligence of servants, I, 277.

corporations as principals, I, 237.

definition of agent, I, 231.

definition of ratification, I, 240.

definition of servant, I, 231.

delegation of official power, IX, 161.

domicile cannot be acquired by agent, IX, 298.

duty as to instructing and warning servants, I, 272-9.

duty in regard to rules for conduct of servants, I, 271-2.

duty regarding special orders to servants, I, 272-3.

duty to inspect and repair, I, 260-70.

duty to protect servant from injury in general, I, 266-67.

duty to provide and maintain safe appliances and machinery, I, 268-9,

duty to provide safe place to work, I, 267-S.

duty to provide sufficient competent fellow servants, I, 271.

effect of bankruptcy of principal or agent, I, 261.

effect of business custons upon incidental authority of agent, I, 313.

effect of complaint about conditions by servant to master, I, 274-S.

effect of express instructions against agent's incidental authority,

**I, 314.**

effect of illness of principal or agent, I, 261.

effect of insanity of principal or agent, I, 261.

effect of marriage of principal or agent, I, 261.

- \[19\] AGENCY--(Continued)

election of third party to hold agent or undisclosed principal, I, 328-9.

essentials of formation of relation, I, 238-9.

exceptions to agent's duty of obedlence, I, 287.

express authority of agent includes usual incidental authority, I, 311.

fellow servants must have common employment, I, 284.

fellow servants must have common master, I, 282-3.

formation of relation by prior agreement, I, 238-40.

formation of relation by rattification, I, 240-49.

formation of quasi agencies by operation of law, I, 249-50.

form of appointment of agent, I, 251-2.

forms of conferring express authority and their construction, I, 311.

function and necessity of agency, I, 230.

gratititious agent's duty of cure, skill and diligence, I, 291.

gratititious agent's duty of obedience, I, 286.

general liability of undisclosed principal for contracts of agent, I, 324-6.

general scope of agent's incidental authority to make contracts, I, 312-13.

incidental authority of particular kinds of agents, I, 314-321.

agents to sell, I, 315.

managing agents, I, 316.

factors, I, 316-18.

commission merchants. I, 316-18.

brokers, I, 318.

auctioneers, I, 319.

attorneys at law, I, 320.

infants as principals, I, 235.

insane persons as principals, I, 236.

irrevocable agencies, I, 261-63.

Ilability for agent's failure to discharge affirmative duties for prnl-clpai, I, 301-2.

Ilability for agent's fraud committed for principal's benefit, I, 300-1.

Ilability for dangerous instrument intrusted to servants, I, 302-3.

Ilability for fraud of agent intrusted with unusual powers of deception, I, 303-4.

Ilability for some statutory crimes of agent, I, 309.

Ilability of agent to third party on contract for disclosed principal, I, 349-54.

Ilability of principal for acts of subagents, I, 294.

Ilability of third parties to principal for defraudling agent, I, 340.

- \[19\] AGENCY--(Continued) principal liable in contract to extent of agent's authority, 1, 310, principal may follow proceeds of property misappropriated by agent, VI, 438. principal must be competent to do act, 1, 244. principal not bound by agent's statements as to fact of agency, 1, 331, principal responsible for agent's words as well as acts, 1, 330, principal's responsibility for contracts of agents, 1, 310-20. principal's responsibility for crimes of agent, I, 308-0, principal's responsibility for statements and knowledge of agent, 1, 330-37. principal's responsibility for torts of agents, 1, 295-207, principal's right as affected by state of accounts between agent and third party, 1, 343. principal's rights against third parties, 1, 338-345, principal's special liability under factors' acts, 1, 323-4. principal's special liability for negotiable paper intrusted to agent, I, 323. purposes for which agency may be created, I, 232. qualification of principal's rights against third party in case of negotiable paper and goods under factors' acts, I, 339. ratification by acceptance of benefits of act, 1, 248. ratification by silence, 1, 248-49. ratification irrevocable, 1, 242. ratification is equivalent to prior authorization, 1, 241. ratification may be expressed or implied, 1, 248. ratification must be with full knowledge of facts, 1, 247. ratification must respect intervening rights of strangers, 1, 245. ratification must respect intervening rights of third parties, 1, 245. ratification of official action, 1X, 160. reason for holding principal responsible for agent's torts, 1, 295. relation between agent and third party, 1, 240-362, relation between principal and third party, 1, 295-345. renunciation by agent, 1, 258. responsibility for agent's acts, 1, 231. responsibility for civil penalties due to acts of agent, I, 308. responsibility for torts actually authorized or ratified, 1, 296. responsibility for torts incidental to authorized acts, 1, 296-7, responsibility for unauthorized torts in course of business, 1, 297-8, responsibility for wilful acts of agent in furtherance of master's business, 1, 298-300. restricted liability of public agents for torts of servants, 1, 305.

GENERAL INDEX

AGENCY--(Continued)

revocation of authority by principal, I, 254.

rights of agent on revocation, I, 255.

rights of disclosed principal against third party in contract, I, 341.

rights of principal against third party in quasi contract, I, 341.

rights of principal against third party in tort, I, 338-41.

rights of undisclosed principal against third party in contract, I, 342.

rights of undisclosed principal on negotiable paper and sealed instruments, I, 344.

servant's right to rely upon master's performance of duty, I, 273.

signature to negotiable instrument by agent, vii, 24-6

statutory modification of fellow servant rule, I, 284.

termination by change in subject matter of agency, I, 250.

termination by death of principal or agent, I, 250-60.

termination by dissolution of corporation or partnership, which is

principal or agent, I, 260.

termination in general, I, 253.

termination by mutual consent, I, 253.

termination of the relation, I, 253-62.

termination of relation by operation of law, I, 250-61.

the different department doctrine, I, 281-2.

the fellow-servant rule, I, 277-85.

the relation as between principal and agent, I, 235-294.

the superior servant doctrine, I, 280-1.

third party's liability in contract to agent. I, 358-60.

third party's liability to agent, I, 357-62.

third party's liability to agent in tort, I, 357.

third party's liability to agent on sealed or negotiable instruments,

I, 358-9.

transaction cannot be ratified in part only, I, 246-7.

unincorporated associations as principals, I, 237.

voluntary assumption of risk by servant, I, 274-5.

what assumption of risk is voluntary, I, 275.

what constitutes a revocation, I, 250.

when revocation is justified, I, 255.

when sealed authority is necessary, I, 251-2.

where agent has expressly represented himself as principal in written

contract, I, 344.

where personal reliance is placed in agent of undisclosed principal,

I, 344.

where place is unsafe on account of nature of work, I, 208.

who are fellow servants, I, 282-4.

AGRET--

(See Diplomatic Agents.)

(See Agency.)

appointment of, by infant, II, 407-8.

effect of signature of memorandum of sale by, III, 307-8.

may be guilty of conversion, II, 71-2.

occupying premises for principal not liable for rent, IV, 348.

power of corporations to act as, VIII, 211.

statements by, to principal, privileged, II, 233.

admissibility of admissions of, as evidence, X1, 43-6. (see Admis-

sions.)

infant may be, II, 412

liability of partners for acts of, VIII, 58.

managing, incidental authority of, I, 316.

of corporation amenable to discovery, XI, 300.

partuer as mutual, VIII, 10.

purchasing, incidental authority of, I, 315.

selling, incidental authority of, I, 315.

AGGREGATE CORPORATIONS--

what are, VIII, 112.

AGGREGATION--

distinguished from combination in connection with patents, IV, **113-7**.

AGISTER--

liability for damage by cattle in possession of, II, 175-7.

AGREEMENT--

(See Friendly Agreements.)

as to custody of children, II, 359-60.

for separation, II, 317.

creation of easements by, IV, 228.

creation of profits a prendre by, IV, 226,

to subscribe for stock, VIII, 136.

subscribing for stock, VIII, 136-8.

AGREEMENT FOR LEASE--

distinguished from lease, IV, 257-8.

effect of, IV, 288-90.

usual covenants in lease, IV, 288-9.

remedles for breach of, IV, 289-90.

AGREEMENT TO REPAIR--

effect of, by landford, IV, 333-4.

tenant's remedies for landford's breach of, IV, 334-8 (see Tronn).

AGRICULTURAL FIXUTRES, IV, 382-6.

- \[19\] * \[19\] A. A. K., _Theoreticaloretical Computer Science_, 1990.

- \[19\] * \[19\]

## General Index

- ARGUMENT--

egin{tabular}{}

- \[19\]ARREST--(Continued) to prevent a felony, II, 51, for felony, II, 51-2, for breach of the peace, II, 52-3, for other misdemennors, II, 53, words of, coupled with submission, II, 19-20,
- \[20\]ARREST OF JUDGMENT--

motion in, N1, 254-6, motion in, in criminal trlals, III, 268.

- \[21\]ARISON, III, 135-7, elements of, III, 135-6, burning, what constitutes, III, 136, intent in connection with, III, 136-7.
- \[22\]ART--

(See Prior Art.)

distinguished from machine, IV, 105-6.

meaning of term in statute regulating patents, IV, 103.

- \[23\]ARTICLES OF ASSOCIATION--

what are, VIII, 131.

- \[24\]ARTICLES OF CONFEDERATION, XII, 8, 10-11. prohibitions upon states in, XII, 24.
- \[25\]ARTICLES OF INCORPORATION--

how prepared, VIII, 130.

- \[26\]ARTICLES OF PARTNERSHIP--

how prepared, VIII, 24-5.

- \[27\]ARTIFICIAL WATER--

may be subject to federal jurisdiction, XII, 306.

- \[28\]ARTIFICIAL WATER COURSE (see Water Courses).
- \[29\]ARTISTS--

contracts for work of, specifically enforced, VI, 163.

- \[30\]ASSAULT--

defined, II, 7.

essentials of, II, 13:14.

apparent intent necessary for, II, 17.

how shown, II, 14:15.

rule in case of deadly weapons, II, 15.

actual intent not necessary. II, 15-16.

negligence not enough for, II, 17.

apprehension of contact necessary, II, 16-17.

apparent present ability to injure necessary, II, 16.

actual present ability to injure unnecessary, II, 16.

fear unnecessary, II, 16.

- \[19\] * \[19\] AASSIGMENT\*\*--(Continued) of copyright, IV, 177-8.
- \[20\] of chattel mortgage, V, 292.
- \[21\] of dower, VI, 19-20.
- \[22\] of future goods effective in equity, III, 312-3.
- \[23\] of patents contains no implied warranty of validity, IV, 146-7.
- \[24\] of right to specific performance, VI, 186-7.
- \[25\] of trade-marks, IV, 197-8.
- \[26\] salary of public officer, when assignable, I, 90; 1X, 192, 194.
- \[27\] state statutes relating to, in connection with patents, IV, 150.
- \[28\] ASSIGMENT OF CONTRACTS--by operation of law, I, 94.
- \[29\] certain future interests, I, 90,
- \[30\] contracts expressly non-assignable, I, 90.
- \[31\] contracts for personal service, I, 89.
- \[32\] expectant interests, I, 90.
- \[33\] general doctrine, I. 87.
- \[34\] influence of public policy, I, 90.
- \[35\] negutable contracts, I, 93.
- \[36\] notice to deltor, I, 91.
- \[37\] partial assignments, I, 92:93.
- \[38\] requisites of, I, 91.
- \[39\] rights of assignee, I, 94.
- \[40\] successive assignments, I, 92.
- \[41\] suit in name of assignor, I, 87.
- \[42\] what claims are assignable, I, 88-90.
- \[43\] ASSIGMENT OF ERROR--how made, X1, 379-80.
- \[44\] ASSIGMENT OF LEASE--effect of, IV, 315-8.
- \[45\] between lesser and lesser, IV, 315-7.
- \[46\] between lesser and assignee, IV, 317-8.
- \[47\] ASSOCIATED PRESS--whether business of, amounts to public calling, VIII, 29-4.
- \[48\] ASSOCIATION (see Voluntary Association).
- (See Article of Association.)
- \[49\] voluntary, not for profit, analogous to partnership, VIII, 11-2.
- \[50\] ASSOCIATION AGREEMENT--forms of, VIII, 134-5.
- \[51\] nature and necessity of in Incorporation, VIII, 134.

## Chapter 4 General Index

### 4.1 Introduction

The _first_ of the

## 11. Introduction

The study of the structure of the problem of determining the structure

- \[RA11\] how determined, X11, 107.
- \[RA12\] release of prisoner on, after verdict of guilty, III, 268.
- \[BA13\] BA14EE-- (See Baillments.)
- \[RA14\] auctions by junior against, IV, 78-80.
- \[RA15\] auctions by, against third person, IV, S5-7.
- \[RA16\] delivery of appropriated goals to as consummating sale, 111, 380-32.
- \[RA17\] effect of confusion of property of different owners by, IV, 27-9.
- \[RA18\] effect of len of on bullor's right of action, IV, S5-5.
- \[RA19\] misuse by, as conversion, II, 78-79a.
- \[RA19\] negligence of, whether imputed to owner of goods, II, 141,
- \[RA19\] possession of servant of, constructively possession of bahlee, IV, 65.
- \[RA10\] RE21MENTS (see Personal Property and Railments)-- abuse of, as constituting larceny, 111, 160.
- \[RA11\] defined, IV, 50.
- \[RA12\] defined and distinguished from sale or mutuum, IV, 26-7,
- \[RA13\] auctions by partites to, IV, 78-86.
- \[RA14\] auctions by bullor against ballee, IV, 78-80.
- \[RA15\] trepsass, IV, 78-9.
- \[RA16\] auctions by bullor against third person, IV, 80-5.
- \[RA17\] trepsass, IV, 80-1.
- \[RA18\] trover, IV, S1-2.
- \[RA19\] case, IV, S2-3.
- \[RA10\] effect of ballee's lien on bullor's right of action, IV, 83-5,
- \[RA11\] actions by bahlee against third person, IV, 85-6.
- \[RA12\] in general, IV, S5-6.
- \[RA13\] measure of damages, IV, S6.
- \[RA14\] bullor may follow proceeds of misappropriated implied property, VI,

437.

- \[RA15\] of furniture as affecting innkeeper's lien, IV, 59.

- \[RA16\] RA16E-- (see Baillments.)

- \[RA17\] auctions by bulor against, IV, 78-80.

- \[RA18\] RA17\] a nucleus by bulor against, IV, 78-80.

- \[RA19\] RA18\] a nucleus by bulor against, IV, 78-80.

- \[RA19\] RA19\] a nucleus by bulor against, IV, 78-80.

- \[19\] BALLOR--

actions by, against haltee, IV, 78:80 (see Instruments)--

actions by, against third person, IV, 80:5 (see Ballments).

right of action of, as affecting then of haltee, IV, 83-5.

BALANCE OF POWER--

as ground of intervention, X, 20.

BALLOON--

whether treispass on real property, II, 22.

RANK BOOK--

glft mortis causa of, VI, 37-8

BANKING--

nature of business, VII, 386.

BANK--

national (see National Bank).

presentation of check at, without funds held not criminal, III, 180,

state of depositor's account provable by records of, XI, 53.

BANKING (see Money and Bankino).

BANK NOTES--

power to issue in states and United States, XII, 310-11.

prohibitive tax imposed upon issue by states, XII, 311,

where taxable, XII, 164.

BANKRUPTCY--

acts of bankruptcy, X, 224-242.

assignment for benefit of creditors as, X, 236-7.

assignment with preference as, X, 237.

debtor's admission of inability to pay debts as, X, 239.

how creditors may force debtor to commit, X, 238.

involuntary proceedings, necessity for, X, 224.

preferential transfers as, X, 238.

voluntary proceedings, not essential in, X, 224.

advantage to creditors of national law over state law, X, 301.

real estate transferred against owner's consent, V, 196.

article on subject, X, 207-302.

assignment with preferences, how treated in the different states, X,

237.

bankrupts and petitioning creditors, X, 214-24.

bankruptcy legislation in United States, X, 211.

bankruptcy legislation, progress in, X, 211.

books of account, effect of destruction of, etc., upon discharge, X, 298.

BANKRUPTCY-- (Continued)

chims not provable, X. 285-6.

certain judgments, X, 283.

contingent claims, X. 284.

secondary disabilities upon commercial paper, X, 285.

tors not resulting in unjust enrichment, X, 284.

claims, priority of, X, 287.

claims to which bankrupt has a defense, X, 286.

concealment of assets, effect of on discharge, X, 287.

contingent claims, when provable, X, 286.

contract for dividends payable from estate of, specifically enforced,

VI, 164.

conveyances void as to creditors, X, 264.

corporations as Involuntary bankrupts, X, 217-19.

corporation's business not charter powers determines amenability,

**X**, 220.

debts not discharged, X, 292.

debts that are discharged, X, 291.

discharge in, as affecting obligation of contract, X11, 246-7.

discharge in previous voluntary proceeding within six years, effect

on present discharge, X, 200.

discharge of bankrupt, X, 288-302.

grounds of opposition to, X, 295.

historical statement, X, 288.

literality of act with reference to, X, 289.

method of opposing, X, 295.

nature of proceedings for, X, 291.

term explained, X, 288.

twofold problem involved, X, 288.

when may be applied for, X, 280.

who may apply for discharge, X, 290.

who may oppose, X, 294.

dissolution of hens resulting from legal proceedings, X, 274.

distinguished from insolvency, VIII, 69-70.

earliest English bankrupt law, X, 210.

effect of on surety's obligation, VII, 183.

effects dissolution of partnership, VIII, 62-3,

elements of bankrupt law, earliest traces of, X, 209.

exemptions under national act, X, 260.

false statement in writing, effect of on discharge, X, 299.

fraudulent conveyances, X, 225.

conveyance in consideration of support of grantor, X, 227.

**BANKRUPTCY--**: (Continued)

conveyance to pay past debt and to defraud creditors as, X, 230.

conveyance to prefer creditors not, X, 230.

conveyance upon secret trust as evidence of, X, 229.

effect of on discharge, X, 288.

effect of York Manufacturing Co. v. Cassell upon trustee's rights in, X, 266-8.

exchange of non-exempt for exempt property not, X, 231.

future creditors, right to attack, X, 235.

general assignment for benefit of creditors as, X, 236.

how intent to defraud future creditors shown, X, 236.

inadequacy of price of property conveyed as evidence of, X, 228.

purchasers without notice of protected, X, 264.

retention of possession of property by seller as evidence of, X, 227.

trustee succeeds to creditor's rights in, X, 262.

voluntary conveyance as, X, 222-3.

voluntary conveyance, conflicting views as to when they are, X, 232-3.

grounds of opposition to discharge, X, 295.

commission of offense, X, 297.

concealment of assets, X, 207.

destroying, concealing or failing to keep books of account, X, 298.

fraudulent transfers made within four months, X, 298.

discharge in voluntary proceedings within six years, X, 300.

making false oaths, X, 207.

procurling property on credit on false statement, X, 299.

refusal to obey orders or answer questions of court, X, 300.

history of legislation, X, 209-14.

insolvency, how value of property ascertained in determining, X, 273.

insolvency, property included in determination of, X, 272.

insolvency under national act defined, X, 271.

involuntary bankrupt defined, X, 214.

involuntary bankrupt, who may be, X, 216.

involuntary proceedings, issues presented for determination in, X, 241.

trial and adjudication in, X, 240.

legal lines, rights of trustee in, X, 248.

legislation demanded by increasing complexity of business, X, 209.

lines acquired by legal proceedings, X, 268.

lines not resulting from legal proceedings not affected by bankruptcy, X, 275.

outline of, X, 207.

Vol. XIV-7

- \[19\] BANKRUPTCY--(Continued)
- \[20\] partitioning creditors, assesenting to a deed of assignment cannot be, X, 2022.
- \[21\] number of required, X, 2021.
- \[22\] secured creditors' limitation to lie petitoning creditors, X, 2022.
- \[23\] term explained, X, 2020.
- \[24\] who may be, X, 2020.
- \[25\] power to legislate concerning, concurrent in nation and states, X11, 2055.
- \[26\] preferences, fundamental features of, X, 2020.
- \[27\] preferences, debtor's intent to prefer as an element of, X, 203.
- \[28\] preferential transfers, rights of trustee in, X, 208.
- \[29\] property passing to trustee from bankrupt, choses in action, X, 204.
- \[30\] documents, X, 250.
- \[31\] exemptons and expectancies do not pass, X, 200.
- \[32\] frauduleut conveyances, X, 251.
- \[33\] life insurance policies, X, 255.
- \[34\] passes as bankrupt held it, X, 250.
- \[35\] patents, patent rights, copy rights and trade marks, X, 250.
- \[36\] powers, X, 250.
- \[37\] property acquired after bankruptcy does not pass, X, 261.
- \[38\] rights of action, X, 256.
- \[39\] time and manner of testing title, X, 248.
- \[40\] transferable and lerable property, X, 202.
- \[41\] trust property does not pass, X, 201.
- \[42\] provable claims, X, 277-87.
- \[43\] based on express contracts, X, 279.
- \[44\] based on implied contracts, X, 279.
- \[45\] based on written documents, X, 278.
- \[46\] discharged though not proved, X, 203.
- \[47\] express verbal agreements as, X, 280.
- \[48\] historical basis of provability, X, 277.
- \[49\] tested by time when claim arose, X, 278.
- \[50\] threefold importance of subject, X, 277.
- \[51\] undertukings implied by law, X, 280.
- \[52\] undertukings implied from acts of parties, X, 280.
- \[53\] multidated claims, X, 281.
- \[54\] provisfon for distribution of partnership property under, VIII, 701.
- \[55\] receiver, functions of, X, 242-8.
- \[56\] receiver in, X, 242.
- \[57\] recording acts as affecting property passing to trustee, X, 265.

## General Index

BANKRUPTCY--(Continued)

revival of discharged debt, X, 294.

rights of creditors passing to trustee, X, 262-8.

rights of trustee created by law, X, 268.

secured creditor, term explained, X, 222.

state bankrupt laws as compared with federal, X, 212.

state bankrupt laws, where operative, X, 219.

status of partnership under, V11, 69.

statute of Elizabeth, Incorporated in federal bankruptey law, X, 225-27.

trustee, compensation of, X, 247.

when in a position to attack fraudulent conveyances, X, 266.

voluntary bankrupt defined, X, 214.

trustees, duties of, to bring suit to recover property and assets, X, 245.

to keep accounts, make reports, and give information, X, 246,

to reduce all property to money and pay dividends X, 246.

to set apart bankrupt's exemptions, X, 244.

to take possession of property, X, 244.

trustee, qualification of, X, 243.

voluntary bankrupt, who may be, X, 215.

voluntary conveyance, character of property and debts counted in determining solvency, X, 234-5.

voluntary proceedings, trial and adjudication in, X, 240,

whether impairing obligation of contract, XII, 226-7.

BANKS, BANKING AND TRUST COMPANIES--

article on subject, VII, 383-426.

banks, definition of, VII, 387.

deposits are property of, VII, 388.

different kinds, VII, 384.

not trustees for deposits, VII, 391.

of Issue, VII, 385.

relation of to depositor that of debtor and creditor, VII, 389,

savings, VII, 385.

sources of power, VII, 385.

banking defined, VII, 383.

bankers as collectors, VII, 398.

banking corporation, construction of charter, VII, 403.

officers of, VII, 404-7.

organization and power of, VII, 403-7.

restrictions upon, VII, 403.

- \[19\]

## General Index

BARTENDER--

agency ceases with enactment of prohibitive law, I, 250.

BARTENDER--

augency ceases with enactment of prohibitive law, I, 250.

BARTENDER--

amount of force not material, II. 9.

contact must be caused directly, II, 11:13.

contact with plaintiff's body not necessary, II, 9:10.

damage not necessary, II, 9.

defined, II, 7, 8:9.

defined and illustrated, III, 92-3.

distinguished from deceit and slander, II, 10.

does not always include assault, II, 17:18.

essentials of, II, 8:9.

includes any contact with the person, II, 9.

must be caused by defendant, II, 10.

must be physical, II, 10.

must be voluntary, II, 11.

not essential to imprisonment, II, 21.

requires intent, II, 11.

senses in which used, II, 8.

"voluntary" distinguished from "latentional," II, 11.

BARTLE--

(See Waeger of Battle.)

trial by (see Trial).

trial by, III, 253.

BAWDY-HOUSE--

common law nuisance, III, 192.

BATS--

jurisdiction of, X. 33-4.

BEES--

liability for trespasses by, II, 173.

BEGGAR--

mere trespasser on premises entered to ask alms, II, 162.

BELLEF--

(See Reasonable Belief.)

honest, requisite for reasonable and probable cause for prosecution, II, 249.

representation of as knowledge may constitute deceit, II, 86-7.

BELL--

ringing of, by factory authorized by statute, IV, 214.

ringing of, by factory may be nuisance, IV, 212.

BELLIGERENC--

recognition of, X, 10-11.

BELLIGERENTS--

(See Comitants.)

non-hostile intercourse between, X, 91-2.

BENEFICIARIES--

(See Insurance.)

BENEFICIARIES OF CONTRracts--

American doctrine, Lawrence v. Fox, I, S2.

defenses to suit by beneficiary, I, S5.

early common law doctrine, I, S1.

effect of shuttle permitting suit by real party in interest, I, S8,

election of remedies by beneficiary, I, S5.

neutral benefit insufficient, I, S3.

limitations upon Lawrence v. Fox in New York, I, S4.

mortage cases, I, S3-84.

must benefit to third party be intended, I, S2.

proper basis for suit by beneficiary, I, S6.

when reelssion is permitted by original parties, I, S4-85.

BENEFIT--

not essential to conversion, I1, S8.

to defendant not essential for deceit, I1, S8-9.

compensation in, for exercise of eminent domain, X11, 215-6.

in local assessment must equal assessment, X11, 189.

running of, under contract, IV, 264-5.

BEST EVIDENCE RULE--

what is, XI, S1.

BETETERMENT ACTS--

compared with rule of recovery in quasi contracts, I, 207.

"BETTERMENT LAWS"--

whether vall, X11, 155.

BICYCLE--

infant's right to recover back price of, I1, 397, 398.

BIGAMY--

crline of, III, 188-9.

BILATERIAL CONTRACT--

distinguished from unilateral contract; I, 6.

BILI--

(See Chebotov's BIL.)

(See TauE BIL.)

delivery of copy of with notice, as method of service, XI, S52-3.

BILL BOARDS--

right to forbid, XII, 148.

BILL IN EQUITY--

certain defects of, may be raised by motion, X1, 293.

for recovery of property, IV, 8-9.

origin of, VI, 155.

parts of, XI, 275-8.

prayers for relief and process, XI, 277-8.

two functions of, XI, 273-5.

charging part, XI, 273-4.

interrogating part, XI, 274-5.

BILL OF ATTAINDER--

prohibited by federal constitution, III, 11.

what constitutes, XII, 92.

BILL OF DISCOVERY--

what evidence may be obtained by and from whom, XI, 299-300.

BILL OF EXCEPTIONS--

what constitutes, XI, 378.

in criminal cases, III, 271-3.

BILL OF LADING--

(See Uniform Bill of Lading.)

evidence of custom of discount on, held admissible, XI, 92.

nature of, III, 354-5.

making goods deliverable to seller, III, 355-7.

seller's retention of bill to order of buyer, III, 357-8,

with draft on buyer attached, III, 358-9.

not negotiable, III, 369.

transfer of negotiable, as affecting stoppage in transit, III, 396-7,

wrongful indorsement of, held sufficient for conversion, II, 77-8.

BILL OF RIGHITS--

provisions of, I, xx1x-xxx.

in state and federal constitutions, XII, 53.

subject discussed, XII, 4.

BILLS AND NOTES--

(See Negotiable Instruments.)

blanks in, effect of filling, VII, 177.

checks distinguished from, VII, 10.

contracts, of maker, VII, 115.

defnloft of, VII, 48.

BILLS OF CREDIT--

issurance of, by United States, XII, 308-9.

issurance of, by states prohibited, XII, 309.

what constitute, within prohibition upon states, XII, 309-10.

## Chapter 6 General Index

## Chapter General Index

### 11.1.

The _Frontiers_ of the

## Appendix B Breatings of Bulk--

by carriers held larceny, III, 160.

BREWER--

charge of insolvency against, held slunderous per se, 11, 201.

Iiability of, as undisclosed principal for saloon-keeper, I, 326.

BRIRERY--

crime of, 111, 197-8,

evidence of urlor acts on trial for, XI, 23-4.

BRIEFS--

in courts of review, XI, 380.

in criminal cases, 111, 272.

BRITANs--

influence of, upon English law, I, xls:xx.

BROKER--

effect of signature of memorandum of sale by, III, 308.

wrongful indorsement of hill of landing by, held conversion, II, 77-8,

ineidental authority of, I, 318.

BROTHERs--

intestute succession of, VI, 26-7.

BIOWN V. COLLINS--

what was decided by, II, 187-9.

BUGGERY--

what constitutes, III, III.

BUILDING--

(See Argument Buildings.)

ereected upon lensed hand, treated as personal property, III, 265.

right to destroy to stop lfe, II, 46.

degree of care required in excavation of land adjoining, IV, 208-9.

not entitled to lateral support from adjoining land, IV, 207-8.

negligence of occupant of, II, 153-61 (see Neilsonence).

restriction on building, IV, 248-9.

BUILDING CONTRacts--

rights of particles when building is destroyed before completion, I, 148-9.

BUILDING RESTRICTIONs--

subject discussed, IV, 248-9.

BURED OF PROOF--

in actions for Injury by lfe, II, 168-9.

in defense of truth to action of defamation, II, 208.

on instrument as affecting remedy of cancellation, VI, 253-4.

upon plaintiff to establish mallee in actions for defamation, II, 222.

BURGARY--

defined, I11, 130,

breaking, as element in, I11, 130-2,

entering, as-element in, I11, 132-3,

dwellinghouse as subject of, I11, 133-4,

night, as time of, I11, 134-5,

felonious intent essential to, I11, 135,

elements of, III, 43,

evidence of intention to commit, I11, 47-9,

BURIAL--

ensements of, in cometary, IV, 246,

of decedent (see Estates of Decedents).

BUSINESS--

(See Interference with Business.)

(See Entries in Course of Business.)

affected with public interest, subject to public control, VIII, 278-80,

conduct of, in association requisite for partnership, VIII, 6-7,

may be charged with expense of avoiding peculiar dangers, XII, 152,

of decedent, conduct of by personal representative, VI, 117-S,

scope of, of partnership, VIII, 46-7.

subject to regulation where affected with a public interest, XII

148-50.

test of public interest of, VIII, 290-5,

effect of monopoly, VIII, 291-5.

when affected with public interest, VIII, 284-5.

words disparaging in, actionable per se, II, 196.

BUSINESS CUSTOMERS--

whether use of newspapers to notify, privileged, II, 238-9.

BUSINESS RELATIONS (see Interference with Domestic and Business Relations).

BUSINESS VISIROR--

defined, II, 161-2.

BUTCHERS--

rights of, to pursuit of occupation, XII, 63.

BUTCHERS' UNION--

right to combine against cooperative society, II, 281.

BUTTER DEALER--

when not Ihable for deceit, II, 90.

"BUT FOR" RULE (see Neploense).

BUYER--

(See Sales of Personal Property.)

(See Vendee.) * \[11\] BOYER-- (Continued) -

## General Index

- \[1\]

- \[195\] C. A. K., _Theoretical Computer Science_, 19, 199-203.

- \[196\] C. A. K., _Theoretical Computer Science_, 19, 199-203.

- \[197\] C. A. K., _Theoretical Computer Science_, 19, 199-210.

- \[198\] C. A. K., _Theoretical Computer Science_, 19, 199-222.

- \[199\] C. A. K., _Theoretical Computer Science_, 19, 199-223.

- \[199\] C. A. K., _Theoretical Computer Science_, 19, 199-228.

- \[199\] C. A. K., _Theoretical Computer Science_, 19, 199-229.

CERTIGRARI--

(See Public Options.)

(See Extraordinary Remebies.)

CESSION--

of territory, as source of jurisdiction, X, 26,

CENTUQUE TRUST (see Trusts and Trustees).

CHALLENGE--

of Juros, III, 255 ; X1, 360-7,

for cause, X1, 366-7,

preemptory, X1, 367,

to the array, X1, 360.

CHAMPERTY--

what is, III, 185.

CHANCELLOR--

part in the development of courts of equity, VI, 154-5,

CHANCERY (see Equity).

CHANGE--

amounting to conversion of chattel, I1, 70-1,

of corporate name, VIII, 167-8.

CHANGE OF FORM--

not defense against salts for infringement of patents, IV, 158.

CHANGE OF GOVERNMENT (see Government).

CHARACTER--

evidence of, XI, 30-3.

in criminal cases, XI, 30.

character proved by evidence of reputation, XI, 30-2.

in civil actions, XI, 32-3.

CHARGES D'AFFAIRES--

rank of, X. 52.

CHARGING PART--

of bill in equity, XI, 273-4, 276.

of bill, serving as anticipatory replication, XI, 287.

CHARTTABLE COROPICATIONS--

control of, by private visitor, VIII, 225-6.

whether linoleic for ports, VIII, 219.

CHARITABLE TRUSTS--

(See Trusts and Trustees.)

docribe of Morlee v. Bishop of Durham, VI, 452-454, 457.

CHARITY--

taxntion for public, valid, XII, 183.

CHARIYAI--

crlimal offense, III, 187.

## Chapter General Index

### Chapter 10.1 Character Privilleges--

as contracts protected against impairment, X11, 235-4.

construct as non-transferable, X11, 257-8.

within prohibition of impairment strictly construed. X11, 235-7.

ChARTERs--

(See KIN9's Chapter.)

(See Corporate Characters).

corporation, as contract protected against impairment, X11, 234-5.

mandatory provisions of, as affecting business with public interest, VIII, 289-90.

of public service company as defining duty, VIII, 308-9.

charters of corporations (see Corporate Character).

regulation of facilities of public service corporations by, VIII, 313-5.

colonial, XII, 33.

irrevocable corporate, forbidden by most state constitutions, XII, 244-5.

revocation of cannot affect previously acquired property, XII, 245-6.

CHASTISEMENT--

husband's right of, against wife, II, 346.

CHATTEL MORTGAGE--

assignment of mortgage by mortgage, V, 292.

assignment, effect of on equities against mortgage, V, 293.

description of property, V, 284.

description of mortgage debt, V, 285.

distinguished from pledge, V, 278.

distinguished from sale with right to repurchase, V, 277.

effect of tender or payment of mortgage debt upon, V, 293.

execution and delivery, V, 286.

foreclosure of equity of redemption, V, 295.

foreclosure of under power of sale, V, 296.

formalities required as against innocent purchasers, delivery after failure to record, V, 288.

formalities required as against innocent purchasers, recording acts, V, 287.

formalities required in, as against innocent purchasers, change of possession, V, 286.

form of, V, 279.

future property, V, 289.

historical development of, V, 276.

mortgagor's right of redemption, V, 294.

mortgagor's right to sell or transfer mortgaged property, V, 291

nature, form and validity of, V, 276-288.

- \[11\]C.-H. Chen, J.-H.

## General Index

**CHILD--(Continued)**

recovery by parent for injury to, harred by parent's negilgence, II, 142-3.

rlight of parent to earnings of, II, 366.

CHILDREN--

(See Infants.)

(See Adopted Children.)

adoption of, II, 378-81.

mode, II, 378-9.

status of adopted children, II, 379-81.

allowance for, element in allmony, II, 316.

born abroad of American parents, how made citizens, XII, 76,

born to diplomatic representatives, status of, XII, 70-1.

born on foreign public vessels, status of, XII, 71.

born to public enemies in hostile occupation, status of, XII, 71.

compulsory education of, XII, 145,

duty of occupants of land toward, II, 156-8,

incompetent to make wills, VI, 50,

nullification of wills by birth of, VI, 83-4.

rlight to allowance for support from father's estate, VI, 91-2.

rlight of, to allowances from deceased father's estate, VI, 21-2.

rlight to take in charge if without protection, II, 45.

standard of care required of, II, 134-5.

CHILDREN, CUSTODY OF (see Divorce).

**CHILD'S SERVICES (see Services).**

**CHINESE--**

eltzen if born in United States, XII, 68,

cannot be naturalized, XII, 75.

determination of right to enter the United States, XII, 124.

provision for deportation of, not a criminal statute, III, 23-4.

CHISHOLM VS. GEORGIA--

case cited, XII, 366.

CHOSE--

origin of word in English law, XII11, 176.

CHOSS IN action--

what are, IV, 6.

pass to trustee in bankruptcy, X, 254.

regarded as personal property, III, 295-6.

unassignability of, VII, 3.

validity of transfer of by what law determined as against interest of

third parties, IX, 313.

CHURCH--

Inhality for injury in, 11, 163-4.

CHURCHES--

may be exemitepf from taxinton, X11, 181.

CHURCH SOCRETUS--

enforcertibility of siniscriptions to, I, 39-41.

CHGARETES--

attempted evasion of law against, by importintion in small packages, XII, 279-80.

classification of dealers in, for purposes of taxinton, XII, 194.

CHURCHSTANTIAL EVIDENCE--

difference from direct evidence matter of degree, XI, 6.

strength of, XI, 9-10.

weakness of, XI, 7-8.

CITIZENS--

(See Citizenship.)

how far term applicable to corporations, VIII, 98-9.

Interstate privileges of, XII, 335-6.

nature of rights protected, XII, 330-7.

occupational qualifications as affected by domicile of, XII, 341-2.

of state may have benefit of, proprietary interest, XII, 338-9.

procedural rights as affected by domicile of, XII, 330-1.

state discrimination against those of other states forbidden, XI, 338.

privleges and Immunulties of, XI, 62-5.

CITIZENShip--

(See Divenis Citizenship.)

Britush, XII, 67.

does not include right of suffrage, XII, 81-2.

exclusion from, of persons not subject to federal jurisdiction, XI, 70-3.

federal, meaning of, XII, 67-8.

how far enjoyed by corporations, XI, 74.

limitations upon, XII, 68-73.

state, as affected by fourteenth amendment, XI, 75-6.

state, power to confer, XII, 75-6.

under fourteenth amendment, XI, 68.

CIVIL ACTION--

whether malicious institution of, notonable, II, 279-4.

CIVIL CORPORATION--

subject discussed, VIII, 112.

CIVILLAW--

In force in Louisiana, I, xvii,

system of irrigation law, V, 369-70.

CIVIL REMEDY--

merger of, in crime, III, 29-32.

CIVIL RIGHUS ACT--

subject discussed, X11, 59-61.

CIVIL WAR--

not ground of intervention, X, 21.

CIALM AGENT--

admissions of, admissible in evidence, XI, 44.

attempt of, to brlbe witness admissible against company, XI, 44-5.

CIALMS AGANIST DECEDENTS ESTATE--

duty of personal representative with respect to, VI, 127-8.

survival of, VI, 128.

presentation of, to personal representative, VI, 128-9.

establishment of, VI, 129-31.

non-matured and contingent claims, VI, 130-1.

waiver of statute of non-claims or of limitations. VI, 131-2.

when held by personal representative against decedent, VI, 132.

priority of, VI, 137-9.

payment of, 138-9.

duty to pay claims in order of priority, VI, 138

established claims, VI, 139.

secured claims, rights of holders of to enforce, VI, 139.

CLASSIFICATION--

methods of, adopted in American treatises on the law, XI11, 110-2.

methods of, in jurisprudence, XI11, 86-8.

of law, nature and uses of, XIII, 107-8.

requisites of, in law, XIII, 95-8.

uniform system of, outlined for law, XIII, 98-106.

CLEARING HOUSE--

(See Banks, Banking and Trust Companies.)

certificates, VII, 410, 417.

defined, VII, 411.

how created, VII, 411.

how operated, VII, 412.

no privity with bank's customers, VII, 411.

CLERK--

communication of defamation to, II, 192.

entries made by, in course of business admissible in evidence, XI, 51-2.

- \[11\]C.

## Chapter 11 General Index

### 11.1. General Index

The \_
COMMON LAW--(Continued)

system of lerigation law, V. 364-9,

wrlt, V1, 148-9,

COMMON LAW LIENS (see Liens).

COMMON LAW PLEADING--

jurisductions following, XI, 153-4,

treatment of, XI, 155-272,

COMMON OWNERSHIP--

as test of partnership, VIII, 3-4,

COMMON PLEAS--

jurisdeltention of court of, I, xxvl

COMMON RECOVERIES (see History of Real Property Law).

COMMONS (see House of Commons).

COMMON SCHEME--

evidence of similar acts admissible in cases of, XI, 25-6

COMMON STOCK, VIII, 160-I,

COMMUNICATION (see Deformation, Publication of).

COMMUNITY OF INTEREST--

Jlan of Incorporated trusts, VIII, 199.

COMMUNITY PROPERT--

Intestate succession of, VI, 16.

COMMUTATION--

of sentence in criminal cases, III, 273.

COMPACT THEORY--

of government, XIII, 47-51.

COMPANIES (see Joint Stock Companies).

subject discussed, VIII, 115-131.

COMPARATIVE NEGIGENCE--

(See Contributory Negligence)

rise and full of rule of, in Illinois, XIII, 345.

COMPENSATION--

measure of, In eminent domain, XI1, 214-5.

of personnel representative of decelent's estate, VI, 135-7.

payment of, essential to exercise of eminent domain, XI1, 199-200,

right of public service corporations to, VIII, 336-45 (see Public Serv.

use Computations).

COMPENSATORY DAMAGES (see Damages).

COMPETENCE (see Evidence).

COMPETITION (see Unfair Competition).

by lower prices, whether ever actionable, II, 279-80.

how far interference with business justified by, II, 273-4.

regulation of, to prevent fraud, XI1, 146.

CONDITIONAL ASSIGNMENT--

of patents, IV, 145-6,

CONDITIONAL SALES--

rights of seller to purchase price, protected under, III, 368.

nature of, III, 353-4.

CONDITIONS--

(See Insurance.)

(See Statements of Condition or Intention.)

effect of breich of, in organization of corporations, VIII, 147-8.

implied in treatles, X, 60-1,

In sales (see Sales of Peisonal Property).

of existence of corporations, VIII, 144-7,

de jure corporations, VIII, 144-5.

de facto corporations, VIII, 145-6,

corporations by estopel, VIII, 146-7.

of stock subscriptions (see Subscriptions for Stock).

prevedent, in contracts of sale, III, 278-9.

subsequent, in contracts of sale, III, 279-80.

CONDORATION (see Divorce).

CONDUCTOR--

evidence of customary care inadmissible to show care at given time.

XI,28-9.

CONFEDERATE GOVERNMENT--

archives of, admissible in evidence, XI, 69-70,

CONFEDERATE STATES--

status of, during Civil War, XII, 344-5.

CONFEDERATING PART--

of bill in equity, XI, 276.

CONFEDERATION--

(See Article of Connotation.)

failure of, XII, 11.

CONFESSION AND AVOIDANCE--

conclusion of plea in, XI, 233-4,

plen in, XI, 158-9.

requires further pleadings, XI, 161-2, 163-4.

CONFESSIONS--

as evidence of crime, III, 260-1,

practice in regard to, III, 262.

distinguished from admissions, XI, 39-40.

In evidence, XI, 36-9.

voluntary admissible in evidence, XI, 36.

## General Index

CONFESSIONS--(Continued)

Inadmissible If induced by fear or favor, X1, 36-7.

evidence disclosed by forced confessions admissible, XI, 37-S.

admissible though obtained by artifice, XI, 38.

weight of, XI, 38:9.

CONFIDENTIAL COMMUNICATIONS--

not ordinarily protected against disclosure in evidence, XI, 121-2.

CONFIRIMATIO CAITARUM--

what is, XIII, 55-6.

CONFINGATION--

of contrabund goods, X, 104-5.

of debts in war, X, 83.

CONFINGATION--

of enemy property at sea, X, 84-6.

CONFINGATORY TAXATION (see Taxation).

CONFLEGRATION--

destruction of property to prevent spread of, XI1, 201,

CONFLIUCTING INTERESTS--

unprofessional for attorneys to represent, without full disclosure, XI, 386.

CONFLIUCT OF LAWS--

artcle on subject, IX, 255-364.

between treaties and other treaties or laws, X, 62-3.

contracts and conveyances, IX, 204-18.

capacity of maker of contract determined by law of place where made, IX, 304.

deeds and conveyances must conform to law of situs, IX, 317.

validity of marriage whether determined by law where colonized, IX, 307.

validity of contract to transfer personal property--by what law determined, between parties to transfer, IX, 311.

validity of contract concerning real estate ordinarily determined by law of situs, IX, 315.

validity of contract to transfer personal property, by what law determined, against third parties, IX, 312-15.

validity of contract determined by law of place where made, IX, 304.

distribution of property after death, IX, 320-30.

Intestate succession, IX, 327-9.

Intestate succession of personal property governed by law of domclic, IX, 327.

GENERAL INDEX

CONFLIect OF LAWS--(Continued)

intestate succession of real estate governed by law of slus, IX. 320.

nature of problems involved, IX, 326.

testate succession, IX, 529-36.

testate succession, execution of will of personality, law of domicle nt time of death governs, IX, 320.

testate succession, execution of will of reality, law of slus governs, IX, 332.

testate succession, capacity of person to devise reality governed by law of situs, IX, 333.

testate succession, estate devised governed by law of situs, IX, 335.

testate succession, revocation of wills, effectiveness of by what law determined, IX, 334.

testate succession, interpretation of will governed by law of domicle at time of execution, IX, 335.

domicle, IX, 294-303.

abandonment of, IX, 298.

cannot be acquired by agent, IX, 298.

change of not accomplished by mere absence, IX, 301.

compulsory absence from, IX, 301.

of birth or origin, IX, 296.

of choice, IX, 297.

while on way to new diode, IX, 300.

matrimonial, IX, 319.

of corporations, IX, 302.

presence in foreign nutton without intent to establish, IX, 299.

problems connected with, IX, 294.

status of common to all persons, IX, 296.

tern explained, IX, 295.

functions of rules, IX, 250.

questions of jurisdictions of courts, IX, 257.

questions of jurisdiction of law, IX, 256.

Jurisdiction to recover for trespass to land, IX, 346,

dependent on domicle, IX, 358.

Olverce by courts of domicle subsequently acquired by wronged

spouse, IX, 368.

Olverce by courts of domicle retained by wronged spouse, IX, 362.

## Chapter 11 Conclusions

In this thesis we have presented a new method for constructing the _local_ and _local_

## Chapter General Index

### 1.1.1 General Index

In this chapter, we will use the following notation:

- \_The index

## General Index

- (See Federal Power)
- cannot be compelled to act, by courts, X11, 42, control of election of presidential electors by, X11, 77-8, may regulate congressional elections, X11, 77. powers of, to create corporations, VIII, 122-3. power to regulate commerce (see Revolutions of Commerce). vested with maritime power, XII, 307.
- CONGRESSIONAL REPRESENTATION-- as affected by limitations of suffrage, XII, 82. CONNECTING RAILHOAD-- responsibility for goods in possession of, VIII, 385-6. CONNIVANCE (see Divonce). CONQUEST-- of territory, as source of jurisdiction, X, 26. CONSANGUNITY-- effect upon marriage, II, 260-300. CONSENSULT-- RIGHTS (see Rights). CONSENT-- as defense against larceny, III, 152-3, excuse for trespass, II, 32-3, of parties cannot give court jurisdiction of subject matter, XI, 526, of people as basis of government, XIII, 265-73, mutual as element of partnership, VIII, 5. when excuse for crime, III, 27-8, whether defense to defamation, II, 210. "CONSENT RULE"-- in ojedentent, XI, 170. CONSIDERATION-- (See Illegal Consideration.) adequacy of, I, 36, benefit to promisor, I, 37, composition with creditors, 1, 41. compromise of claim, I, 48:50. must be in good faith, I, 49. compromise where no actual claim presented, I, 50. contracts under seal, I, 60-61, definiton, I, 32-34, detriment to promisee, I, 34. distinguished from motive, I, 34:35. effect of recital of in a deced, in certain actions for damages, X, 193, examples of, VII, 63.

CONSIDERATION--(Continued)

forbearance to sue, 1, 50-52,

illusory promises, 1, 37-38

adequacy of, as defense to specific performance, VI, 232,

inadequacy of, whether justifying resedsion, VI, 269-71,

In: subscription contracts, 1, 39-41,

moral consideration, 1, 55-56,

necessity for n contract, I, 32.

necessity for to the creation of trusts, VI, 398-400.

necessity for in negotiable instruments, VII, 59.

necessity of in guaranty and surestyship, VII, 174,

new promise where original obligation void, I, 57.

origin of doctrine, I, 33-34,

past consideration, I, 52-54.

past consideration distinguished from subsequent fixing of compensation, I, 54:

performance of non-contract obligation, I, 47.

performing or promising to perform existing contract, I, 42-45.

presumption of in negotiable instruments, VII, 64.

promises to pay barred or discharged debts, I, 56-57,

promises to third persons, I, 45-47.

rescission of old contract upon making new one, I, 44.

sufficiency of moral for negotiable instruments, VII, 63.

where not apportioned to partial performance, I, 105,

void in part, I, 88.

CONSOLIDATION--

creation of corporations by, VIII, 120.

of suits in equity where parties numerous, VI, 334.

of similar suits in equity against one defendant, VI, 341.

power of corporations to effect, VII, 205-6.

CONSIPRACY--

nature of, III, 68.

CONSIPRATORS--

admissions of, admissible against each other, XI, 47.

CONSABLE--

right to arrest for breach of the peace, II, 52-3.

right to arrest for felony, II, 51.

CONSITUTION--

(See Federal Constitution.)

(Sos state Constitution.)

adoption of, violation of articles of confederation, XII, 277-8,

English (see English Constitutions).

## General Index

**CONSTITUTION--** (Continued)

sanction of, consists of adoption by people, XIII, 276-7.

Federal (see Federal Constitution),

of Massachusetts, X11, 9-10.

amendment, methods of, X11, 5, 12-5.

In England and the United States, XII, 5,

where constitutions contain no express provision, XII, 13,

where non-exclusive methods provided by constitutions, XII, 14,

where exclusive methods provided by constitutions, XII, 14-5.

peaceful revolution, XII, 3,

earliest American state, XII, 8-9,

of states, amendment of, XIII, 290,

provisions establishing frame of government, XII, 50,

provisions regulating government in detail, XII, 52-3.

prohibitive features of, XII, 6.

provisions regulating intergovernmental relations under federal

system, XII, 52.

provisions guaranteeing private rights, XII, 50-1.

unwritten, XII, 3-5.

distinguished from written, XII, 5.

written, in America, XII, 5-6.

CONSTITUTION--

how called, XII, 11-12.

CONSTITUTION-- GUARANTIES--

In early state constitution and original Federal constitution, XII, 53,

scope and history of, XII, 50-66.

CONSTITUTION--, HISTORY--

American, before 1789, XII, 6-8,

CONSTITUTION-- LAW (see Constitutional Guaranties)--

American, nature of, XII, 1-3.

article on subject, XII, 1-375.

due process and equal protection of law, XII, 111-248 (see Due

Process of Law).

eminent domain, XII, 109-218 (see Eminent Domain).

federal government. XII, 249-375.

federal powers, XII, 249-58 (see Federal Powers).

unpairment of obligations of contracts, XII, 219-48 (see Impairment of Origations of Contract).

Intergovernmental relations, XII, 535-48.

limits of separation of governmental powers, XII, 21.

## 11. Introduction

The study of the _non-linear_ nonlinear Schrodinger equation (NLS) is a very important topic in the study of the nonlinear Schrodinger equation. The NLS equation is a well-known and well-known and well-known and well-known, and has been used in many areas of mathematics. The NLS equation is a well-known and well-known and well-known, and has been used in many areas of mathematics. The NLS equation is a well-known and well-known and well-known, and has been used in many areas of mathematics. The NLS equation is a well-known and well-known and well-known, and has been used in many areas of mathematics. The NLS equation is a well-known and well-known, and has been used in many areas of mathematics.

CONTRACTS--(Continued)

between husband and wife, 11, 342-3 (see Husband and Wite).

bilateral and unilateral, I, 6.

brenches of, distinguished from torts, 11, 3.

bordon of, generally does not run with the land at law, 1V, 261.

classification of, 1, 4-6.

conditional on satisfaction, 1, 102-102,

consideration, 1, 32-58 (see Consideration).

consideration necessary, 1, 32.

contained in charter of corporation, VIII, 153-6.

contracts under seal, I, 59-61 (see Contracts Under Seau).

debtors, (see Deur.)

defined, 1, 7.

dependent promises, I, 98-100.

discharge of contracts, I, 114-159,

discharged by act of parties, I, 114-121,

distinguished from qunsl-contracts, 1, 4.

effect of agreement preliminary to formal contract, I, 22.

effect of concealment of facts in inducing contract, I, 153.

effect of duress upon inducement of, I, 157-9.

effect of fraud in inducement, 1, 157.

effect of misrepresentations in inducing contracts, I, 154-6,

effect of mistake, I, 150-52 (see Mitake in Formation of Contract).

effect of erdue influence in inducing, I, 157-9.

effect of, upon tenant's liability to make repairs and improvements,

1V, 341-3.

executed and executory, I, 5.

express and implied, I, 5.

foreign infocrement of, X11, 248.

formal and informal, I, 4.

formation of, I, 7-74.

for services as affecting loan of person renderings same, IV, 52-3.

f fraud, effect of, as to nature of agreement, I, 9-10.

f fraud, effect of as to parties, I, 10.

historical development of, 1, 3.

illegal contracts, I, 122-138 (see Illogal Contracts).

Impartment of obligations of (see Impairment of Origations of Contracts).

Impossibility as defense, I, 129-149 (see Impossible Contracts).

in connection with sales of personal property (see Sales of Personal Property).

increasing obligation of, by law, X11, 248.

## Chapter 11 Introduction

In this chapter, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.2 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.3 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.4 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.5 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.6 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.7 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.8 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.9 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.2 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.3 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.4 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.5 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.6 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.7 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.8 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.9 Thesis

Thesis is organized as follows. In the second part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.1 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.2 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.3 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.4 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.5 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.6 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.7 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

### 1.1.8 Thesis

Thesis is organized as follows. In the first part of the thesis, we will present a brief review of the results of the present paper.

CONTRACTS--(Continued)

specific performance of (see Specific Performance),

state of friends; 1, 68-74 (see Frailos, Statute of),

suggestions for, relating to patents, IV, 147-60,

survival of actions for breach of, VI, 8,

taken under ambient domain, X11, 206,

ultra vires, of corporations, VIII, 214-8,

unauthorized, liability for of agent to third party, I, 351-4,

under what conditions discharged by bankruptcy; XI1, 246-7,

unilateral, notice of acceptance in, 1, 18.

validity of, with foreign corporations under law of law, VIII, 224,

within prohibition of impairment of obligations of, X11, 246-2,

CONTRACT ACTIONS--

treatment of, XI, 17094.

CONTRACT OF INSURANCE--

damages, recovery upon, X, 196,

indemuity, X, 196.

CONTRACT OF MARRIAGE (see Marriage)--

damages, for breach of, X, 197,

CONTRACT OF PURCHASE--

when accompanied by possession compared with lease, IV, 279-81,

CONTRACT OF RECORH--

identity with quasi contracts, 1, 196.

CONTRACT OF SAKE--

distinction between sale and, X, 181,

measure of damages for vendor's breach of, X, 181-8,

CONTRACT TO BUY LAND--

application of rule against repetitious to, V, 129,

CONTRACT TO MARRY (see Marriage).

CONTRACTOR--

duty to share profits of contract with partner, VII1, 29-5,

CONTRACTS, BUILDING (see Bueling Contracts)--

elights of parties where contract cannot be performed on account of

impossibility, 1, 47-9,

when building is destroyed before completion, I, 478.

CONTRACTS IN RESTRANT OF TRADE--

classification of, VIII, 180-50,

liability for, VIII, 192,

to what extent void, VIII, 192.

## General Index

CONTRACTS IMPLED IN LAW--

Identification with quasi contracts, 1 163-4,

CONTRACTS IMPLED IN FACI--

explanation of, 1, 164.

CONTRACTS UNDER SEAL--

authority under sent necessary for agent to make, at common law, 1,

251-2,

definitlon, 1, 50.

delivery, 1, 60.

delivery in escrow, 1, 60.

essentials of valid seal, 1, 59.

form, 1, 60.

uodification of older rules regarding, 1, 61.

signature, 1, 60.

where seals are abolished, 1, 61.

CONTRIBUTION (see Mortoges)--

(See Guaranty and Suretship).

rlight of officers of corporations to, VIII, 251-2.

rlight of partners to, VIII, 38.

CONTRIBUTIONS--

from enemy in war, X, 81-2.

CONTRIBUTION INFRINGEMENT--

of patents, IV, 161-3.

CONTRIBUTION INRINGENCE, II, 129-44.

bars servant from recovering against master, I, 277.

carrier's not imputed to passenger, II, 140.

defense to injuries by animals, II, 136-7.

degree of cure of children required of parents, 11, 143.

docline of comparative negligence, II, 130-1,

exception in cases of "last chance," II, 131-3.

failure to anticipate future negligence of others does not constitute.

11, 137-9.

generally bars recovery by plaintiff, II, 129-31.

in case of children, II, 134-5.

imputed, 11, 139-44.

in case of deaf or blind, II, 135.

may be excused by statute, II, 137.

modification of rule by legislation, II, 131.

no defense to intentional torts 11, 135

not an excuse for trespass 11, 49.

of ballee or carrier, whether Imputed to owner of goods, II, 141.

of beneficiary, in action for wrongful death, II, 143.

CONSTRIBUTORY NEGLIGENCE--(Continued)

of child, in action by parent, for injury to, II, 143-4.

of parent or custoditan not imputed to child, II, 141-2.

parent's negligence bars his recovery for injury to child, II, 142-3.

rule in admiralty, II, 131.

servant's imputed to master, II, 138-10.

CONVENIENCE (see Balance of Convenience).

CONVENTENTATIONAL (see Constitutional Convention).

CONVENTIONAL EASEMENTS--

defined, IV, 230.

CONVENTIONS--

distinguished from treatles, X, 57-8.

of the English colonies before the Revolution, XIII, 361-5.

CONVERSION--

as affecting acquisition of title to property by accession, IV, 19-24.

imocent conversion, IV, 19-23.

willful conversion, IV, 22-4.

change in elements of, II, 65.

destruction or essential change in chattel amounting to, II, 70-1,

detention of possession as, II, 75-6.

qualified detention, II, 75-6.

property must be in possession of defendant at time of refusal,

11, 76.

distinguished from treispuss, II, 64-5.

excusable, II, 79a-80.

conversion by destruction or sale excused in emergencies, II,

79a-80.

mistake caused by plaintiff, II, 80.

effect of return of property after conversion, II, 80.

intent as element of, II, 68-76.

misuse by hulieu as, II, 78:79a.

neglieence not sufficient for, II, 68-7.

of property to take's own use essential for latency, III, 164-6,

of property, whether amounting to larceny, III, 143-8

omission of duty not sufficient for, II, 66.

possession by defendant or his agent requisite for, II, 65-6,

prevention of removal of goods whether sufficient for, II, 74-5.

,
purported transfer of legal interest in chattel as, II, 71-3.

transfer, II, 71.

agent and intermediaries, II, 71-2.

levy upon goods under judicial process, II, 72-3.

- \[195\] M. C. C.

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the following.

**Lemma A.1**.: \_Let $\\Gamma$ be a finite set of

## General Index Index

### 1.1.1.

The _Frontiers_ of

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the Appendix.

**Lemma A.1**.: \_Let $\\mathcal{F}$ be a

## Chapter 6 General, Inclen

_(Contributed)_

_power of, to acquire personal property, VIII, 208-9,_

_power of, to acquire stock in other-conversions, VIII, 210,_

_power of, to act in personal retention, VIII, 211,_

_power of, to ultimate property, VIII, 210-11,_

_power of, to be surety or guarantator, VIII, 1845,_

_power of, to consolidate, VIII, 2056,_

_power of, to contract debts and borrow money, VIII, 182-9,_

_power of, to form partnerships, VIII, 185,_

_power of, to form trusts, VIII, 186-98,_

_anti-trust acts, VIII, 1923._

_contracts in restraint of trade are valid, VIII, 189-92,_

_corporation must not violate its franchise, VIII, 187-9,_

_power of to issue accommodation paper, VIII, 184,_

_power of to issue negotiable instruments, VIII, 183-4,_

_power of, to make by-laws, VIII, 215-4,_

_power of, to make contracts, VIII, 182,_

_power of, to take by devise, VIII, 207-8,_

_powers and liabilities of, VIII, 178-219 (see Corporate Powebs),_

_private defined, IX, 3-4,_

_promoters's functions in creation of, VIII, 125-7,_

_property of, where taxable, XII, 180-3,_

_public, defined, IX, 5-6,_

_quantitations of agents and-offures of, VIII, 151,_

_quasi-muplicial defined, IX, 5-6,_

_regulation of, XII, 150,_

_regulation and method of subselption by statute, VIII, 135,_

_relation of, to shareholders, VIII, 258-47,_

_remedily to enforce a forefective of corporate charter, IX, 286,_

_remedily to onset foreign correlations from doing business in state, IX, 227._

_right of assigne of, to preserve cancellation of invalid mortgage, VI,_

_right of, to ensure stock subselption, VIII, 289,_

_right of, to collect subselptions from shareholders, VIII, 258,_

_right of, to have and use n sent, VIII, 215,_

_relations of, to offness, VIII, 247-58,_

_right of, to remove officers, VIII, 248-9,_

_right of, to see, VIII, 211,_

_rights of shareholders to sue for wrongs to, VIII, 260-7,_

_reations of to sue, VIII, 290-92,_

_right to inspect looks of, VIII, 260-6,_

## Chapter 11 Introduction

In this thesis we consider the following _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) _canonical_ (_canonical_) \_(_canonical_) _canonical_ * \[119\] M. C. C.

## General Index

- \[199\] K.

- \[11\] M.

CIMIMNAL ACT--(Continued)

attempt at, 111, 70-1,

completed acts classified, 111, 71-2,

erlines by indirect force, 111, 71-2,

exenses for, 111, 72-8,

obedience to official orders, 111, 72-8,

exercise of official authority, 111, 73.

arresting fedons and preventing colony, 111, 73-4,

self-defense, 111, 74-8,

defense of money, 111, 76-6,

defense of foreign, 111, 76-8,

defense of friend or stranger, 111, 76-8,

CIMIMNAL CHARGE--

manning of in connection with malicious prosecution, 11, 244.

CIMIMNAL COMPLANT--

definition and requisites of, 111, 229-29,

CIMIMNAL CONVERSION--

busband's right of action for, with wife, 11, 239, 355,

CIMIMNAL INSTENT--

guilty mind, 11, 83-9,

intent distinguished from motive, 111, 83-41,

kinds of, 111, 41-52,

direct general intent, 111, 43,

intent to do some other crime, 111, 43-4,

tort intended not sufficient, 111, 43-4,

reckless omission of duty, 111, 46.

Intention must exist at time of crime, 111, 46-7,

proof of intention, 111, 47-9,

nets may be criminal by statute although done unintentionally,

111, 48-50,

specific intent, 111, 50-2,

constructive specific intent, 111, 51-2,

impediments to, 111, 52-8,

sortions little for crime, 111, 52-8,

marreled women, criminal liability of, 111, 53-4,

crime at community or superior, 111, 54,

diress as defense, 111, 54-5,

self-preservation from perill, 111, 55-8,

thability to perform logic duty, 111, 98-9,

mistakes as a defense, 111, 59-61,

re to the facts, 59-60,

as to the law, 111, 60-1,

## Chapter 11 General Index

- \[159\] C.

- \[150\] C.

## Chapter General Index

### 11.1.

#### 11.1.1.

The _index_ of

## General Index

DAMAGES--(Contributed)

Injura sine dammon (see Damages, Natury Withoit).

"Injury without damage" explained, X, 110-112,

intended consequences, liability, for, X, 150.

Interest allowed us, when, X, 178.

law adopts most certain method of measuring, meaning of rule, X, 146,

liability for consequences of breach of duty, X, 152-18.

liability for proximate consequences of breach of contract, X, 150.

liulations imposed by nature of plaintiff's interest, X, 180-188,

Interest in personality, X, 182.

Interest in reality, X, 181.

limits of responsibility for tortious act, X, 153-0,

liqualted damages, definition of, X, 154.

distinguished from penalty, X, 194-266.

measure of, X, 169-183.

measure of, for breach of covenant of quiet enjoyment, 1V, 300.

measure of, for handford's breach of covenant to repair, 1V, 337-8.

measure of, for selection of daughter, 1I, 258.

measure of in actions by baillee against third person, IV, 86.

measure of In certain actions, for vendee's failure to pay price of goods purchased, X, 185.

for vendee's breach of contract to sell a chattel, X, 186.

for vendor's breach of warranty for personal property, X, 185,

for vendor's breach to deliver goods, X, 187.

measuring by monetary standards--difficulty of, X, 145,

mental suffering, X, 171.

must be proximate consequence of breach of duty, X, 153.

nominal, general theory of explained, X, 121-2.

recoverable despite actual benefit from the legal injury, X, 124.

recoverable for every breach of contract, X, 123.

recoverable for every tort, X, 123.

recoverable where no proof of substantial damage, X, 124.

non-compensatory, X, 121-132.

not essential to action for rescission, VI, 270.

not essential to label, II, 194-6.

not necessary in battery, II, 9.

non-speculary damage, X, 170-2.

determinates of aggravation and mitigation, X, 172.

when In discretion of jury, X, 171.

when recoverable, X, 170-1.

explained, X, 170.

DAMAGES--(Contributed)

estimation of, 170-2,

mers annoyance, whether recoverable, X, 170,

physical discomfort and inconvenience, X, 170,

physical pain, X, 170,

peculiary damage explained, X, 189,

peculiary damages, computation of, X, 172-180,

place of in law, X, 113.

profits--susceptible of proof recoverable, X, 162-4,

prospective recovery depends upon certainty of proof, X, 144,

recovery of in actions on contracts relating to reality, for breach of

coventiant against membranes, X, 192,

for breach of covenant of selish, X, 190,

for breach of covenant of warranty and quiet enjoyment, X,

191,

for vento's breach of contract of sale, X, 188,

for vendor's breach of contract of sale, X, 188

redress afforded by a court of law, X, 107,

responsibility for tort, limits of, X, 156-9,

responsibility of defendant for, X, 152,

seller's action, for non-acceptance of goods, III, 404-5,

singleiness of recovery, X, 148-151,

application in case of tort--trespuss, X, 149,

application in contract, X, 151,

application in tort--untsunov, X, 150,

special, for breach of contract of sale, III, 412,

special rules applicable in certain netlons, X, 184-206,

special rules applicable to actions relating to sales of goods, X, 184-8,

substantial, unnecessary for injunction against infringement of

ent, VI, 238-260,

tortions severnce from the reality, X, 198-260,

value as a measure of, X, 173,

value-test of market prices in ascertaininin, X, 174,

where an essential element of the injury, X, 112,

when higher intermediate value applicable in ascertaining, X, 175,

when verdict for excessive damages will be set aside, X, 146-118,

whether essential for action of multicous prosecution, II, 251-2,

DANES--

influence of, upon English law, I, xxxxxI.

DANGERIO'S ARFICLES--

lithbility of maker for injury from, II, 1995.

- \[11\] D. B. D.

## General Index

- (see Fraud).
- (Decision--by courts of appellate jurisdiction, 111, 272-3.
- (Declaration--allegations of in action of trover, XI, 204-5. in action of covenant, XI, 179. in action of replevin, XI, 207. in case, XI, 200-3 (see Case) In general assumpsit, XI, 192-3. in special assumpsit, XI, 187. in trespass, XI, 197-8. requisites of, XI, 155-8.
- (Declaration of INDEPENDENCE--declaration of independence, XI, 8. as part of American law, XIII, 60-8. civil laws not repealed by, XIII, 255-7. recognition in, of supreme power in people, XIII, 255. remunclation of British allegiance by returned power to people, XIII, 254-5. DEClaration of WAR--how made, X,69-70. DEClarations and ENTRIES against INTEREST--(see Evidence.) what are, XI, 48. DEClarations concerning PEDIGREE (see Pedigree Declarations). DECREE--defined, XI, 374. survival of, VI, 8. DEClaration (see Real Estate)--acquisition of streets by, IV, 237-8. of funds of corporation, VIII, 156-7.
- (DE DONIS--enactment of statute of. I, xxvii. DEED--(See Real Estate V, 161-6.) between husband and wife, 11, 342. cancellation of, VI, 349-52. creation of profits a prendre by, IV, 226. forms, V, 71. gift by under seal, IV, 48-9.

## General Index

**DEFAMATION--** (Continued)

fair reports of public proceedings, privileged, 11, 233-50.

forms of, 11, 190.

justification of, II, 207-10.

truth, II, 207-9.

repetition of another's statement, 11, 209-10.

leave and license, II, 210.

legal duty to make communication, not necessary for privilege, II, 232-3.

libel, II, 194-6.

mallee defined, II, 219-20.

mallee, how proved, II, 220-1.

mallee in fact, or express mallee distinguished from mallee in law or implied mallee, II, 219-20.

of persons connected with plaintiff actionable, II, 207-S.

privilege lost by abuse, II, 236-7.

publication of, II, 191-4.

defined, II, 191.

communication to plaintiff not sufficient, II, 191,

communication illustrated, II, 191-3.

may be negligent, not intentional, II, 193.

to wrong person, II, 193-4.

privilege of newspapers, II, 229-30.

question of mallee for jury, II, 221-2.

reasons for allowing fair comment, II, 216-7.

report of ex-party judicial proceedings, whether privileged, II, 225-6,

torts, malicious prosecution II, 243-55 (see Malicious prosecution).

report of judicial proceedings given to newspaper by attorney,

whether privileged, II, 227.

report of secret proceedings, whether privileged, II, 226-7.

slander, II, 196-207 (see Slander).

unfair comment, though with good motive, not allowed. II, 217-S.

what is fair comment, question for jury, II, 218-9.

when charges made on suspicion of crime, privileged, II, 231-2.

when defendant's belief in truth must be reasonable, II, 222-3.

whether sending communication to wrong person privileged, II, 241-2.

words disparaging person in trade, business, office, or profession, II,

199-202.

in general, II, 199.

illustrated, II, 199-200.

relation of charge to conduct of plaintiff in his calling, II, 200-1.

where calling no longer followed, II, 201-2.

DEFAULTUL-

effect of, XI, 355.

vacation of, XI, 355-d (see Process).

DEFECTS--

in pleading, XI, 212-48 (see Plasma).

warranties against visible, not binding, III, 324-6.

DEFECTS IN FORM--

curing, XI, 261.

open on motion, XI, 263-4,

open only on special demurrer, XI, 248-9,

open on motion under code pleading, XI, 322-3.

opening of record by demurrer not applicable to, XI, 251-2,

DEFECTS IN SUBSTANCE--

methods of curling, XI, 262-3,

express nider, XI, 262-3,

verdict, XI, 263.

unendment, XI, 265.

DEFENCE OF PROPERT (see Excuses for Trespass).

DEFENDANT--

as witness in criminal case, 11, 256.

jurisdiction of courts over, XI, 328-9,

classification of, respecting service of process, XI, 334.

DEFENSE--

ut law as affecting cancellation of instruments, VI, 346-8,

of friend or stranger us exense for crime, III, 768.

of house, III, 75-6,

of property, as exense for crime, III, 76.

partial, in pleading, XI, 255-d,

to several counts, in pleading, XI, 260-9,

to action for rent, IV, 373.

DEFERRED STOCK--

what is, VIII, 103.

DEFINITION--

of terms essential in jurisprudence, XIII, 85-6,

DEGREE--

of care, II, 106-7,

of murder, III, 68.

of negligence, II, 107.

principals in first, III, 80-1,

principals in second, III, 81-2.

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the appendix.

**Lemma A.1**.: \_Let $\\mathcal{F}$ be a

## Chapter 11 General Index

### 11.1.

The _L_-19
**DIVORCE--(Continued)**

requisites of, II, 310-11.

duration of, II, 311.

interruption of, II, 312.

effect of, II, 317-21.

In jurisdiction where obtained, II, 317-8,

in other jurisdictions, II, 318-21.

effect of, on parent's duty to support child, 11, 364-5.

effect of, on right to sue for injury to child, 11, 372,

effect of remarrying in violation of decree of, II, 308,

effect on second marriage prior to, II, 206-7.

from bed and board, II, 206.

jurisdiction of suit of, without service of process in state, XI, 345.

jurisdiction to grant dependent on domicle, IX, 358.

method of securing jurisdiction of parties to suit for, XI, 351-2.

mlstuke as to death or divorce of former spouse, II, 306-8.

preliminary considerations, II, 304-6,

problem of attorney, II, 304-6,

recrimination as defense, II, 315.

separate maintenance, suit for, II, 316-7.

within control of state, XII, 222.

**DIVIRION FENCES--**

statutes concerning, IV, 245.

DOCTORS (see Physicians)--\*\*

excluded from jury service, XII, 130.

DOCTOMETARY EVIDENCE--

of debts or property, where taxable, XII, 164-5.

DOCTOMETNS (see Ancient Documents, Public Documents).

DOGS--\*\*

Iliability for damage done by, II, 178-9.

Iliability for trespasses by, II, 178.

right to kill when feroclous and at large, II, 47.

"DOING RUSINESS"--\*\*

by foreign corporations, what constitutes, VIII, 230.

DOMESDAY BOOK--\*\*

what is, I. xxi.

DOMESTIC RELATIONS AND PERONS--\*\*

(See Downer.)

(See Interference With Domestic and Business Relations.)

article on subject, II, 290-414.

control of, under police power, XII, 144-5.

husband and wife, II, 322-56 (see Husband and Wife).

## Appendix D General Index

### DRAWINGS--

attached to patents when Issued, IV, 140.

In connection with specifications for patents, IV, 134-6.

DRAYMEN--

any be common carriers, VII, 376.

DRED SCOTT CASE--

case elted, XII, 87.

DRUG MAKER--

liability of for mistake, II, 150.

DRUMER--

not subject to state taxation on orders for interstate commeree, XI1, 292.

DRUNKARDS (see Introicated Persons)--

contractual capacity of, I, 65.

DRUNKENNESS--

cause of divorce, II, 306.

not an excuse for trespass, II, 50.

DUPLICITY--

in pleading, XI, 237-40.

defect in form, XI, 237-8.

multiple counts and pleas, XI, 238-9,

general issues and replication de injurin, XI, 239-40.

not objection to answer to bill in equity, XI, 234.

open only on special demurrer, XI, 248.

DUE PROCESS OF LAW--

access to courts essential upon question of, XII, 126-8.

applies to rights as well as procedure, XII, 131.

applies to all departments of government, XII, 132-3.

as affecting delegation of legislative power to boards, XII, 118-9,

as affecting procedure for taxation and eminent domain, XII, 139-21,

as affecting summary distribution of personal property, XII, 117-8,

as affecting taxation, XII, 158.

deprivation of property forbidden by, XII, 135.

does not forbid self incrillation, XII, 128.

does not require confronting witnesses, XII, 128-9,

equal protection of laws applicable to corporations, XII, 138-9,

forbids taxation for private purposes, XII, 175.

general requisites of, XII, 111-2.

guarantees equal protection of the laws, XII, 136-8.

impaired by exclusion from jury service, XII, 129-30,

indictment by grand jury not essential to, XII, 113.

In matters over which government has absolute control, XII, 121-2.

## Chapter 10 Discussion

In this chapter, we have presented a new method for constructing the * \[177\] EARNINGS--

effect of statute giving to wife, II, 349, 353.

of corporations, taxation of, VIII, 231-2.

of child, right of parent to, 11, 366.

- \[178\] EARNINGS OF WIFE--

right to, II, 328-9.

EASEMENTS--

appurtenant, IV, 228-9.

by implication, IV, 247.

creation of, IV, 228.

conveyance of quasi dominant estate, V, 88,

conveyance of quasi servient estate, V, 89.

creation of, V, 87-91.

creation of quasi easenients, V, 87.

definition of, IV, 228.

distinguished from equitable easenents, IV, 247-8.

divslion fences, IV, 244-5 (see Division Fences).

effect of excessive use by owners of, IV, 222.

equitable (see Equitable Easements).

extent of, IV, 230-2.

conventional easenents, IV, 230-2.

prescriptive easenents, IV, 230-2.

in gross, IV, 229.

in pews, IV, 246.

in public parks, IV, 246.

uniscellaneous, IV, 246-7.

of burial in cometary, IV, 246.

of lateral and subjacent support, IV, 241-2.

of light and air, IV, 245-6.

of party walls, IV, 242-3 (see Party Walls).

passageways, IV, 241.

reports and improvements in aid of, IV, 232-3.

rights of use of servient possessor subject to, IV, 233-4.

subsidary uses within scope of, IV, 233.

termination of, IV, 234.

ECCLESIASTICAL CORPORATIONS--

subject discussed, VIII, 112.

ECCLESIASTICAL LAW--

subject discussed, XIII, 309.

ECONOMIC INTERESTS--

whether superior to obligation of contract, XII, 242,

Yol.xiy=12
ECONOMIC LAW (see Law).

EDUCATION--

compulsory, X11, 145.

EDWARD I--

legislation of, 1, xxvel-xxvilli.

EIGHTH AMENDMENT (see Federal Constitution).

EIGHTEENTH CENTURY--

slight influence of, on English law, I, xxx.

EIGHT HOUR DAY, XII, 37.

EDECTMENT--

action to recover land, X1, 167-76.

origin of, X1, 168-9.

introduction of fictions in, X1, 169-70.

general issue, X1, 170-5 (see general Issue).

general issue and subsequent pleadings, X1, 175-6.

ELDON, LOID--

influence of, upon development of equity, I, xxxv.

ELECTION--

(See Public Officers.)

of third party to hold ascent or undisclosed principal, 1, 328-9.

ELECTIONS--

to Congress, may be regulated by Congress, XII, 77.

ELECTORS (see Presidential Electons).

ELECTRIC LIGHT COMPANY (see Public Service Corporations)--

duty of, to provide service at reasonable rate, VIII, 289.

essement for poles on land of another, 1V, 247.

subject to regulation, XII, 148-50.

ELECTRICIFY--

development of law of, I, xiii-xlv,

ELECTRIC WIRES--

duty of telegraph and telephone companies to insulate carefully, VIII, 320.

ELEVATED RAILROAD--

held not an ordinary street use, IV, 236-7.

shutting owners entitled to-compensation for damages by X11, 212-3.

Injunction against obstruction of light and air by, V1, 322.

ELEVATION (see Thack Elevation).

ELEVATOR (see Grain Elevator).

ELEVENTH AMENDMENT (see Federal Constitution).

ELLENBIOTGBI, LORD--

mistatement of mixim "Signorance of the law excuses no man," I, 211.

## Appendix A General Index

### A.1.

The _L_-band \_

## Appendix A General Index

1.1 The $lpha
EQUTABLE EASEMENTS-- (Continued)

creation of, IV, 252,

disdisdistiquished from legal easements, IV, 247-8,

duration of, IV, 251,

may be supurtenant or in gross, IV, 252,

positive agreements not enforceable us, IV, 250,

EQUTABLE JURISDICTION--

bills qua timet, VI, 345-54,

cancellation and surrender of contracts, VI, 845-9 (see Cancelation).

removal of cloud on title, VI, 349-54 (see Removal of Cloud on Title).

EQUAL PROTECTION OF LAWS--

how far applicable to corporations, XI1, 138-9,

meaning of, XI1, 136-8,

EQUTABLE WASTE (see Injunction).

EQUITY--

action in, for rent, IV, 372.

bill in, for recovery of property, IV, S-9,

contest between courts of and common law courts, I, xxxiii-xxxiv,

control of corporations by courts of, VIII, 225,

courts of, I, xxxi-xxxvi,

development of, as a legal system, VI, 135-6,

development of jurisdiction of, I, xxxiv, xxxxv.

early development of court of, I, xxxi, xxxiii.

function of, I, xxxiv, xxxxvi.

future sales in, III, 312-3,

jurisdiction of, to enjoin infringement of patents, IV, 196,

Hability of third party to principal in, I, 345,

more flexible than the common law, VI, 156-8,

origin of court of, VI, 152-4,

procedure of court of, VI, 154-5,

proteston of temnt from forfeulture In, IV, 400,

protection to separate property of married women, II, 325-6,

remedy in, for infringement of tradesmarks, IV, 201.

remedy In for unisfinke, VI, 255-6,

running of burden of obligations of covenants in, IV, 201-4,

union of, with law in code pleading, XI, 206-6,

affects procedure only, not rights, XI, 206,

whether roller granted by, where legal relief adequate, VI, 206-7.

"EQUITY FOLLOWS THE LAW"--

maxim applied, VI, 176-8, * \[11\] EVIDENCE(Continued) extrinsic in the Interpretation of writings, XI, 69-103 (see Wittnos), former testimony as, XI, 59-62 (see Former Testimony), hearsay, XI, 34-79 (see Hearsay). Incompetent on account of character or circumstances of parties, XI, 116-23. partles as witnesses in their own behalf, XI, 116. testsimony to transactions with deceased persons, XI, 116-8. testsimony of husband and wife, XI, 118-9. In suits between spouses, XI, 119. testsimony of attorney and client, XI, 119-20. testsimony of physicians and clergymen, XI, 120-2, proposals of compromise negotiations, XI, 122-3; facts stated in compromise negotiations, XI, 122-3. Introduction of, at trial, XI, 368. limitation of, by rules, XI, 10. limited by admissions in open court, XI, 3. limited by pleadings, XI, 3. marriage, death, solvency, wealth provable by reputation, XI, 67-8. of character, XI, 30-8 (see Character). of custom, XI, 27-30 (see Custom). of execution of ancient document(s, XI, 87-8. of public records, XI, 85. of similar facts, XI, 21-7. test of admissibility, XI, 21-3. in criminal cases, XI, 23-4. admissible to show intent or motive, XI, 24-5, admissible in cases of a common scheme, XI, 25-6, admissible to show motive, XI, 26-7. of trade custom in connection with writings, XI, 92-4. custom must not be inconsistent with writing, XI, 93-4. opinion evidence, XI, 104-14 (see Options). oral, admissible as to character of transaction evidenced by writing, XI, 89-60, oral, not admissible to add terms to writing, XI, 90-1, patrol evidence rule, XI, 88-99, part of adjective law, XI, 1-2. pedigree declarations, XI, 68-6 (see Peiberge Declarations). prejudicial fundmissible, XI, 19-21, prina. facie rules of, XI, 157. public documents as, XI, 69-70, public matters provable by reputation, XI, 69-7.

## Appendix A General Index

### A.1.

The _Formal_ (_Formal_

## Appendix A Appendix

### Appendix B: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix C: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix D: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.1 is a simple exercise of the proof of Theorem 1.1.

### Appendix E: The proof of Theorem 1.1

The proof of Theorem 1.

## Appendix A General Index

### Excuses for Trespass--(Continued) preservation of Ilfe, II, 45:6,

recovery of property, II, 41:5.

Inmediate or peaceful reception, II, 41:

right to use force to recover chattels, II, 41:2,

right to use force to recover real property, II, 42:3,

right to enter another's land to recover chattels, II, 43:5.

where goods on land by defendant's fault, II, 43-4,

where goods on land by plaintiff's fault, II, 44.

where goods on land without fault of either party, II, 44:5,

right to remove personal property from danger, II, 47.

right to remove inanimate property from land, II, 40:1,

right to remove trespassing animals, II, 39-40.

right to remove trespassers from real estate, II, 37:8,

right to kill animals to prevent destruction of property, II, 38:9,

right to kill trespassing animals, II, 39,

right to kill in defence of property, II, 37.

right to use force in defence of personal property, II, 37.

self-defence, II, 33:7 (see Self-Defence).

EXECUTION--denands on which may issue, X, 356.

issuance after death of party, X, 363.

issuance after judgment becomes dormant, X, 362.

issuance after judgment outlawed, X, 363.

issuance after judgment satisfied, X, 363.

issuance of, by court of review, XI, 382.

issuue and levy of, in satisfaction of judgment, XI, 374.

lien at common law, X, 415.

lien under modern American rule, X, 417.

lien under statute of frauds, X, 416.

may issue against parties only, X, 268.

method of enforcing judgment in personan, IV, 38.

notice of, X, 414.

second execution on attachment judgment, X, 365.

upon partner's interest as dissolving partnership, VIII, 64-5.

when may be issued, X, 361.

who may employ, X, 366.

writs partaking of the nature of executions, attachment, X, 349,

capulas ad satisfacendum, X, 353.

extend faclas, X, 353.

fierl faclas, X, 352.

garnishment, X, 350.

- \[195\]

## Chapter General Index

- \[111\] M. C. C. C. R. A. M.

- FALSB REPRESENTATIONS--by married women, effect. of, 11, 330-1,

- liability of married woman for, in connection with contract. I1, 355, of majority lij infants, II, 387-9. FALSE TOKENS--as elements of obtaining goods by false pretenses, 111, 178. FAMILY EXPENSES--Ilabillty of husband and wife for, 11, 352. FARMER--recovery for injury to cattle by railroad train, II, 137. right to reclaim chatlels.on other's land, 11, 34. appropriation from taxes to purchase grain for, in adversity, X11, 183. FARM SUPERINTENDENT--occupying farm-house held not tenant of employer, IV, 275. FARMERS--non-trading partnership, V111, 48. FARM HAND--death of employer terminates contract, 1, 200. FARMER ON SHARES--whether tenant of owner of farm, IV, 278-9. FATHER (see PARENT)--declarations of, admissible as to pedigree of illegitimate child, X1, 65. right to custody of child as against mother, II, 357, 358-9. right of guardianship of child, II, 381. FEAIR--as element of robbery, III, 167-8. FEDERAL CONSTITION--adoption of, X11, 11-12. unendments I to X, XII, 53-4. amendment of, XII, 15. authority for grant of copyrights under, IV, 168. authority for patent laws under, IV, 101. bill of rights in, XII, 53-4. changes effected in suffrage by Fourteenth and Fifteenth Amendments, XII, 78-9. divides governmental powers between states and nation, XII, 6. division of powers between state and nation, XII, 25-6, Eleventh Amendment, XII, 360. Eighth Amendment, XII, 107. Fourteenth Amendment, effect of, upon citizenship, X11, 68-70.

- \[11\] FEDERAL QUESTIONS--meaning of, as warranting consideration by federal courts, XII, 357-8.

- \[12\] FEDERAL SYSTEM--provisions regulating intergovernmental relations under, in constitutions, XII, 52.

- \[13\] FEE (see Transfer of Title to Real Estate)--for issuance of patent, IV, 139.

- \[14\] for registration of copyright, IV, 176.

- \[15\]\[\] lease in (see Fee-Farm).

- \[16\] of attorneys on what basis determined, XI, 388-9.

- \[17\] of various kinds, in connection with copyrights, IV, 178, ownership of, as affecting rights in public ways, IV, 234-6, suits by attorneys for collection of, against client deprecated, XI, 389.

- \[18\] FEE-FARM--what is, IV, 268, 346.

- \[19\] FELLOW-SERVANT RULE (see Agency)--explained, I, 277-85.

- \[20\] FELONY--arrest for without warrant, II, 51-2.

- \[21\] attempt at, resulting in death, murder, III, 100-4, compounding, III, 196.

- \[22\] dissolution of partnership by conviction of partners for, VIII, 62.

- \[23\] distingulshed from misdemeanor, III, 28-9.

- \[24\] person accused of may not waive jury trral, XII, 105.

- \[25\] prevention of, as defense for homicide, III, 73-4.

- \[26\] FEMALE--age of majority of, II, 384.

- \[27\] FENCES (see Division Forces).

- \[28\] FERRYMAN--looking of plaintiffs horses by, held not conversion, II, 69.

- \[29\] FEDERAL SYSTEM (see History of Real Property laws).

- \[30\] FEDERALISM--basis of early English government, XIII, 54.

- \[31\]\[\] In theory based on compact, XIII, 48-51.

- \[32\] FEDERAL SYSTEM--introduced by Normans, I, xxl.

- \[33\] Fiction THEORY--of corporations, VIII, 84.

- \[34\]\[\] FEFERENT AMENDMENT (see Federal Constitution), * \[11\] F.

FOREIGN PUELIC VESSELS--

children born on, not citizens, XII, 71.

FOREIGN SUIT (see Scirt).

FOREIGN TEIRIRTORY (see Territory).

FOREIGN CORPORATIONS--

remedy to oust from doing business in state, IX, 227.

FOREMAN--

I liability for inducing employees to boycott grocer, II, 274-5.

FOREST FIRE--

requires movement of passengers by railroads in preference to freight, VIII, 317.

FORESTS--

conservation of, XII, 151.

FORECLOSURE--

chattel mortgages, V, 295.

FOREIFUTE--

(See Real Estate.)

estate of inheritance--forfeiture on alienation--validity, V, 130.

Life estates--forfeiture on alienation--validity of, V, 131.

of lease, IV, 313-5.

of corporate franchises, VIII, 232-3.

of copyright for failure to deposit copies of work, IV, 176.

of tuning claim, V, 344.

of public office (see Public Opices).

of winter rights, V, 407.

of wrongdon's slure in confusion of property not favored, IV 31-2, property concerned in illicit transaction, IX, 179.

termination of tenancy by, IV, 358-401 (see Termination of Tenancy).

FOREIGN--

defined, III, 175.

character of writing altered, III, 176.

elements of false making or altering, III, 176-7.

interling, III, 177-8.

of transfer of stock, VIII, 243.

FORM (see Change of Form)--

defects in, in pleuding, XI, 212, 232-43 (see Defect in Form).

FORMAL ALLEGATIONS--

not required in code pleuding, XI, 312.

## Chapter General Index

(See "LERAL Fraub")

(See "Nature of Fraub")

necton for, as remedy for conversion, II, Sohn.

allegations of, in pleading, XI, 217.

as defense to specific performance, VI, 226.

against ideedent's estate as affecting rights of purchasers, VI, 127.

as ground for cancellation of dead, VI, 346-50.

as ground for cancellation of written instruments, VI, 345-8,

basis of remedy of resetslson for, VI, 205-6.

consent obtained by, defense against crime, III, 27.

concealment of material facts as constituting, VI, 271-2,

deceptive use of trade name, II, 266-7.

defaming persons connected with plantoff, II, 267-8.

dissolution of partnership for, VIII, 66.

effect of, in inducing contract, I, 157.

effect of upon negotiative instruments, VII, 51.

effect of, on contract to mirror, III, 267-5,

effect of, on walls, VI, 408.

effect upon marriage, II, 200-1,

false statement that plantoff had ceased business, II, 268-9.

in account of personal representative of deceulent's estate, VI, 142.

in sale as enttling seller to resend and sne for conversion, II, 73.

in connection with stock subserptions, VIII, 141.

in conveyance of personal property, renches for at law, VI, 264-5.

in decision, impairs due process of law, XII, 125-4,

interference with business by, I, 266-70.

Inbility of partners for, VIII, 57-8.

natures of, justifying resetslson, VI, 268-9.

necessity of remedy for, in respect to reality, In equity, VI, 263-4.

outlining possession by, may constitute hereby, VII, 150-2,

of purchaser as ground for avoiding sale, III, 365.

oral declarations admissible to prove, XI, 40.

plodatable under general issue in special assumnist, XI, 189-40.

protection against, XII, 140.

relief for, granted against subsequent transfrees, VI, 267-8,

whether crime at common law, III, 7.

whether manounting to crime, III, 22.

FRAUDS, STATUTE OF-- 3.

assessments in consideration of unerrine, I, 71.

agreements not to lie performed within a year, I, 72-73.

contracts affecting title to land, I, 71.

## General Index

FRAUDS, STATUTE OF--(Continued)

contricts for the sole of goods, 1, 74.

memorandom of contract, 1, 74,

policy of, I, 68.

promise to answer for debts of another, 1, 70,

promise of execution or administration to become personally liable for

debits of estate, 1, 70,

principal provisions of, 1, 68-70.

recovery in quasi contract where default depends statute, I, 99.

right of plainity who can blend statute to recovery in quasi contract,

1, 219.

FRAUDUDENT CONVEYANCES (see Bankruptcy).

FREEDION OF SPEECH AND PRESS--

congress may not abridge, XII, 83-4,

FREEDIOL--

explained, V, 77.

FREIGHT--

lower rate for shipment in large quantities held legal, VIII, 830,

FRIGHT HOUSE--

Iliability for injury to trespasser in, II, 153-4.

FREIND--

right of defense of, III, 70-S,

FRIENDLY AGREEMENTS--

discussed, VIII, 194-5,

FRIENDSHIIP--

loss of, not ground for action of slander, II, 203,

"FRONT-FROT RULE"--

in local assessments, XII, 184-90.

FRUCTUS INDUSTRIALES--

regarded as personal property, III, 293.

FRUCTUS NATURALES--

whether personal or real property, III, 293,

FUEI--

right of tenant on farm to, IV, 323.

FUGITIVE FROM JUSTICE--

within meaning of extradition laws, III, 237.

FUGITIVE SLAVES--

provlsion for return of, XII, 343.

FUNCTIONS (see Government Functions).

FUNERAL ENPENSES--

Iliability for, VI, 89-90.

priority of claim for against decedent's estate, VI, 137.

FUNGIBLE GOODS--

defined and illustrated, 111, 314-6,

FURTHER ASSUFRANCE (see Covenant for Further Assurance).

FUTURE ESTATES (see Transfer of Title to Real Estate).

FUTURE DELIVERY--

sale of stock for, X11, 137.

FUTURE GOODS--

contract to said not illegal unless gambling contract, JII, 313-4,

sale of, requires potential interest on part of seller, III, 300-12,

in equity, 111, 312-3:

GAIUS--

contributions of, to jurisprudence, X111, 89-00.

GAME --

state statute forbidding possession of dead, during season, held valid,

X11, 300-1.

GARDENER--

damages for sale of seed to, but according to contract, III, 323.

GARNISHE--

as hallee, X, 400.

as debtor, X, 401.

in what classes of cases may be charged, X, 399.

libability of from what time reckoned, X, 400.

GARNISIMENTS (see Attachments, Garnishments and Executions)--

at what stage of case may be issued, X, 361.

against whom may be directed, X, 368-9.

foreclosure of line, X, 427.

line of when attached, X, 417,

matters peculiar to, X, 399.

notice, of X, 414.

proceedings in from summons to judgment, X, 428.

service of process in X11, 113.

summons, X, 413.

who may be garnishee, X, 369.

who may employ, X, 369.

GAS--

taking of, from company by secret pipe held larceny, III, 142.

GENERAL LIENS (see Liens). GENERAL PARTNERSHIPS--subject discussed, VIII, 19. GENERAL WARRANT (see WARRANT). GEORAPHICAL NAME--not sunletent for trade marks, 1V, 194. GIBbons VS. OGDEN--cited and explained, X11, 239:51-283. GIFT--as source of title to chattels, IV, 45:9. delivery generally necessary, IV, 45: what amounts to delivery, IV, 45:8, gift by dead under seal, IV, 48:9. inference of from parent to child, 11, 375-6, of shares of stock, VIII, 264. reformation of deeds of, VI, 256-7. reformation of, in case of mistake, VI, 251. GIFTS--mortis causa, VI, 36-8. GIVEN INSTRUCTIONs--how made, XI, 369. GIANVILLE--trentalse by, on English law, I, xxviii. GOD--laws of (see Law of Gon). "GOLD CONTRACTS"--constitutionality of state statutes forbidding, X11, 312. GOOD FAITH--essential to protection of criticism against action for defamation, II, 215. GOOD OFFICES between nations, defined, X, 65. GOOD WILL--of partnership, VIII, 33. payment for shares of stock with, VIII, 274. GOODs--common carriers of, VIII, 372-86 (see Common Charriers). GOODS, WARES AND MERCHANDISE--subjects of obtaining goods by false preteness, III, 182.

GRAPHAPHONE--

restrictive agreement concerning safe of enforced, VI, 207-9.

GREER THEORY OF GOVERNMENT (see Government).

GRIST-MILISS--

taxation for establishment of, X11, 178-179.

GROCER--

action against foreunan for inducing boycott, II, 274-5.

action for charge of auditory against wife, II, 207.

liability for injury caused by delivery wagon, II, 139.

partners in business handle for negligence of each other, VIII, 56.

theft of matches placed for lighting cigars held horexp, III, 152-3.

GROSS RETURNS--

sharing of as element in question of partnership, VIII, 26.

GROWING CROPS (see CROPS).

GGAM--

cesslon of, to United States, XIII, 331.

GUARANTEED STOCK--

what is, VIII, 162.

GUARANTEES (see Constitutional Guaranties).

GUARANTOR--

power of corporations to be, VIII, 184-5.

GUARANITY AND SURETISHP--

article on subject, VII, 165-253.

alteration of contract of sureteyship by agreement between creditor

and principal, effect of, VII, 196.

application of statute of friends, I, 70.

capacity of parties to become suretles, VII, 166,

contract of guaranty or sureteyship, VII, 165-181.

contract of sureteyship, delivery of imperfect instrument, VII, 175-6.

effect of alteration of VII, 177.

filling blanks in, effect of, VII, 177-8.

necessity for delivery, VII, 175.

contribution between co-contractors, I, 208.

co-suretles defined, VII, 166.

crellior not bound to discover certain facts, VII, 201.

crellior not bound to press claim against principal, VII, 184-5.

crellior's special remedy, VII, 252-3,

right fo securities received by one surety from another, VII, 252-3.

Gleneral Index

GURARANTY AND SURETYSHIP--(Continued)

right to securities received by surety from principal, VII, 252, subrogation to collateral given by principal to surety, VII, 252, discharge of principal discharges surety, VII, 182, discharge of surety, V11, 181-214, by affirmative acts of creditors, VII, 186, by bankruptes--effect of, VII, 208, by creditor informing surety debt is told, VII, 210, by extension of time of payment, VII, 1879, by non-disclosure of facts creditor should reveal to surety, VII, 200, by release of co-surety, VII, 206, by surrender of securities by creditor, VII, 191-2, by tender of payment by principal, VII, 194, effect of creditor's promise to look to principal only, VII, 209, effect of loss of Instrument, VII, 208, effect of notice of revocation, VII, 210, effect of on principal, VII, 210, effect of surety's death, VII, 211-23, effect of where rights reserved against co-sureties, VII, 207, duty of creditor, negligence in not discovering misconduct of principal, VII, 203, to discharge employee after knowledge of dishonesty, VII, 202, to give surety information, VII, 202. effect of absence of liability of principal to creditor, VII, 181-2, effect of creditor's acts of fraud or judicial error, VII, 185, effect of creditor's failure to suc at surety's request, VII, 195, effect of creditor taking forged or illegal note, VII, 189, effect of failure of a bank creditor to apply money in its control to debt, VII, 195, effect of misconduct of principal towards surety, VII, 203-0, effect of payment by surety before maturity, VII, 250, effect of principal's set-off or counter claim against creditor, VII, 190, effect of surrender by creditor of principal's property taken on attachment or execution, VII, 193, effect of waiver of statute of limitations by principal upon surety's liability, VII, 237, fraud and duress, effect of on surety's obligation, VII, 183, guaranty, contract must be in writing, VII, 189, necessity of a consideration for, VII, 168, guarantor defined, VII, 165, guarantor's obligation must be in writing, VII, 168.

GUARANTY AND SURETYSHIP--(Continued)

guarantor's promise must be to creditor, VII, 171.

guaranty a collateral undertaking, VII, 167.

guaranty and suretyship distinguishes, VII, 169-7.

guaranty obligations to which statute of friends is not applicable.

VII, 171-2:

guaranty of collectibility, chmeteristles of, VII, 251.

liability of surely, VII, 381-214.

necessity of contemporaneous liability of debtor and guarantor, VII, 171.

necessity of principal debtor, VII, 171.

notve to guarantor, acceptance of guaranty, VII, 197.

principal debtor's default, VII, 196.

parties to suretyship agreement, VII, 145.

recovery of consequential damages, VII, 233.

relation of suretycles created by agreement among obligors, VII, 188,

remedles of surely, VII, 214-251.

stitute of limitations, effect of running of, VII, 184-5,

when it begins to run, VII, 247.

surrender of somethles by creditor, reasonable conduct, VII, 192.

sureties' damages, X, 195.

surety a creditor of principal, VII, 220.

surety cannot compel creditor to use principal, VII, 230.

suretyship, common forms of, VII, 173.

discharged by payment of debt, VII, 182.

surety, effect of judgment on, VII, 180.

obligation must be supported by consideration, VII, 174.

surety, when estopied to deny certain facts, VII, 179.

surety, when estopied to deny signature, VII, 179.

suretyship and guarantor distinguished, VII, 180-7.

surety's remedy of contribution, VII, 250-248.

agninst whom enforceable, VII, 239-40.

amount of recovery under, VII, 239-40.

conditions precedent to enforcement of, VII, 240.

co-sureties under different undertknings may have, VII, 245.

effect of advantageous settlement upon, VII, 242.

effect of limitation of liability of co-surety to a given amount,

VII, 246.

effect of payment of Indemitry to surety upon, VII, 243.

enforcement at law, VII, 241.

enforcement in equity, VII, 239-40.

- \[19\]GURARANTY AND SURETYSHIP(Continued) subject to exemptions of principal, VII, 221.

- \[20\]surety of a surety has, VII, 226-8.

- \[21\]when may be allowed before debt is fully paid, VII, 218.

- \[22\]when surety can enforce securities, VII, 216.

- \[23\]when surety not entitled to, VII, 217.

- \[24\]what obligations guaranteed are within statute of frauds, VII, 170.

- \[25\]when a surety of a surety not entitled to contribution, VII, 247.

- \[26\]when complete, VII, 234.

- \[27\]GUARDIAN--control of, by courts, II, 381-2.

- \[28\]duty toward ward how far enforceible in probate court, X1, 325-6.

- \[29\]husband as, in preference to mother, II, 381.

- \[30\]possesses right to discipline, II, 47.

- \[31\]powers and duties of, II, 882-3.

- \[32\]power of corporations to act as, VII1, 211.

- \[33\]testamentary, II, 381.

- \[34\]termination of guardlanship, II, 382.

- \[35\]undue influence upon ward, affecting latter's will, VI, 58.

- \[36\]GUARDIAN AND WARD--evolution of, II, 381.

- \[37\]GUARDIAN AD LIPEM--right to employ counsel, II, 405.

- \[38\]GULES--jurisdiction of, X, 33-4.

- \[39\]GUN DEALER--highility of for deceit, II, 91.

- \[40\]GUN POWDER--highility for explosion of, II, 169-70.

- \[41\]GUILY--ple of, III, 250-1.

- \[42\]not, plen of (see Nor GELITY).

- \[43\]GUNPOWDER DEALER--highility of for injury to buyer, II, 126.

- \[44\]HABEAS CORPUS--(See Extraordinary Remperes, the Habezas Corpus.)

- \[45\]net of, I, xxix.

- \[46\]what is, III, 239-41.

- \[47\]a well of liberty, III, 239.

- \[48\]object and grounds of, III, 239-40.

- \[49\]practice in issuing, III, 240-1.

- \[50\]jurisdiction of federal courts in matters of, XII, 385-9.

- \[19\] HABES CORPEUS--(Continued) power to suspend under martial law, XII, 333, to determine custody of child, 11, 358, to release wife from husband's custody, II, 346.

- \[20\] HABITATION-- crimes against, III, 130-7, HAGUE CONFERENCE-- court of arbitration, X, 65-6, declaration regarding notice of war, X, 70, privilege of courts of alien enemies required by, X, 78, provisions regarding military occupation, X, 86-7, provisions regarding property of enemy in war, X, 79-85, provision regarding quarter to combatants, X, 73-4.

- \[21\] HIAIR OII-- liability of maker for injury in using, I, 149, HALF-BIOOD-- distinguished from whole blood as to succession, VI, 27.

- \[22\] HALE-- absolute rights not recognized by, XII1, 210-1, difference from Blackstone in treatment of law, XIII, 174, treatment of certain legal concepts by, XIII, 170-4.

- \[23\] HAND-WRITING-- evidence of opinion as to, XI, 100-11. in England, XI, 100-10. in the United States, XI, 110-1, HARDSHIP-- to defendant, as defense against injunction against nuisance, VI, 318-20. as defense to specific performance, VI, 225-31.

- \[24\] HARDWICKE, LORD-- Influence of, upon development of equity, I. xxxx, HARVESTER-- manufacturer of, not liable for visible defects, I11, 325.

- \[25\] HAWAII-- annexation of, XIII, 331. no constitutional right to grand jury in, XII, 270. no constitutional right to trial by jury in, XII, 270, whether birth in confers federal citizenship, XII, 69.

- \[26\] HEALER (see FAIR HEALTH ). HEARING (see FAIR HEABING)-- how far requisite in eminent domain, XII, 121.

- \[11\]

GENERAL INDEX

HOTEL--(Continued)

not bound to receive-guests in excess of facilities, VIII, 316,

not proper object for exercise of eminent domain, XII, 204-5,

right of servant to retain money found in parlor of, IV, 94.

HOTEL-KEEPER (see Inkeeper).

after leusing bar may not render same inaccessible from hotel, IV, 29S.

HOUSB (see Defense of House).

larceny from the, III, 170-1,

quartering soldiers in, XII, 334.

HOUSE OF COMMONS--

rise of, XIII, 56-7.

HIUMAN BODY--

diseases of, as affecting liability for negligence, II, 121-2,

exhibit of parts of in evidence, XI, 116.

HUMANITY--

intervention on ground of, X, 20.

HUNTING--

right of, in land of others, IV, 224.

HUSBAND--

(see Husband and Wife.)

action for criminal conversation with wife, II, 259, 355.

assent of necessary to wife's will of chattels, II, 38,

cannot be guilty of rape on wife, III, 94.

duty to support wife, II, 350-2.

duty of support where wife living apart, II, 350.

interest in property of wife, II, 324.

liabilities of, on account of wife, II, 349-53.

liability of, for wife's ante-nuptial contracts and torts, II, 349.

at common law, II, 349.

by statute, II, 349.

not entitled to alimony, II, 316.

right of action for causing separation of wife, II, 258-9.

right to administer wife's estate, VI, 90.

rights of, in deceased wife's property (see Intestat: Succession),

recovery for injury to wife as affected by latter's negligence, II, 144.

rights of wife in property after death of (see Intestat: Succession).

wife as surety for, II, 333.

HUSBAND AND WIFE--

(See Husband.)

ante-nuptial liabilities to each other, II, 345.

at common law, II, 345.

## Appendix A General Index

### 1.1.1.

In the following, we will use the following notation:

$$egin{array}{l}\\mbox{
m HUSBANT}\\mbox{
m AND WIFE--}(\\mbox{
m Continued})\\ \\mbox{
m in equity, II, 345}.\\ \\mbox{
m in Illinois under act of 1861, II, 345}.\\ \\mbox{
m as witnesses, II, 346-8}.\\ \\mbox{
m competency of, as witnesses against each other, III, 256,}\\ \\mbox{
m contracts and conveyances between, II, 342-3}.\\ \\mbox{
m at common law, II, 342}.\\ \\mbox{
m in equity, II, 342}.\\ \\mbox{
m in Illinois under acts of 1861 and 1874, II, 342}.\\ \\mbox{
m rights of creditors in reference to, II, 343}.\\ \\mbox{
m development of law of, II, 332-3}.\\ \\mbox{
m differences in law of, at law and in equity, II, 322-3,}\\ \\mbox{
m effect of publication of defamation to, II, 192}.\\ \\mbox{
m estates by entries, II, 320-30}.\\ \\mbox{
m characteristics of, II, 329}.\\ \\mbox{
m modification of by statute, II, 329-30}.\\ \\mbox{
m husband's liability for wife's necessarles, I, 228}.\\ \\mbox{
m husband's right to administer wife's estate, II, 327-8}.\\ \\mbox{
m hability of husband for wife's post-nuptal lorts, II, 329-3}.\\ \\mbox{
m at common law, II, 352-3}.\\ \\mbox{
m by statute, II, 353}.\\ \\mbox{
m marital rights, against third parties, II, 354-6,}\\ \\mbox{
m partnership between, II, 343}.\\ \\mbox{
m reform of law of, II, 332-3}.\\ \\mbox{
m right of husband to chatsise wife, II, 346}.\\ \\mbox{
m right of damages for injury to spouse, II, 354}.\\ \\mbox{
m right to earnings of wife, II, 328-9}.\\ \\mbox{
m right of husband to deprive wife of liberty, II, 346}.\\ \\mbox{
m rule of evidence as to testmony of, XI, 118-9}.\\ \\mbox{
m suits between, II, 344-5}.\\ \\mbox{
m at common law, II, 344}.\\ \\mbox{
m in equity, II, 344}.\\ \\mbox{
m In Illinois under acts of 1861 and 1874, II, 344-5}.\\ \\mbox{
m transetelons between, II, 342-8}.\\ \\mbox{
m wife's right to pledge husband's credit for necessarles, II, 350-2 (see Necesables)}.\\ \\mbox{
m HYPOTIETICALQUESTIONS--}\\ \\mbox{
m statements of facts in, XI, 112-4}.\\ \\mbox{
m ICE--}\\ \\mbox{
m regarded as person1 property, III, 295}.\\ \\mbox{
m IDENTITY--}\\ \\mbox{
m of property, as affecting title to by accession, IV, 17-8}.\\ \\mbox{
m of}\\ \\mbox{
m
GENERAL INDEX

IDIOT--

cannot become testator, VI, **49**.

IDIOCY--

as defense for crime, III, 61.

ILLEGAL CONDUCT--

effect of on liability for negligence (see Nezloence).

ILLEGAL CONDUCT OF PLAINTIFF--

bars recovery where part of cause of damage, III, 144.

effect of, in negligence controlled by purpose of law violated, II, 144-6.

ILLEGAL CONSIDERATION--

for contract to marry, II, 293-4.

ILLEGAL CONTracts--

acts forbidden or penalized by statute, I, 134.

agent not entitled to reimbursement from principal for, I, 265.

agreement to native benefit of employer's liability law, I, 285,

agreement to influence public officials, I, 130.

agreement to free criminal for turning state's evidence, I, 128.

agreements in restraint of trade, I, 125-7.

agreement for contingent fees in law suit, I, 129.

cannot be ratified, I, 244.

champerty, I, 129.

conflict of laws, I, 138.

commercial wagers, I, 128.

contracts to raise prices of important articles, I, 127.

contracts to defraud third parties, I, 131.

distinction between matum in se and matum prohibitum, I, 221.

effect where contract is divisible, I, 132-133.

effect where act is highly humoral, I, 133-4.

effect of illegality in general, I, 132.

gaming contracts, I, 123.

in furtherance of illegal purpose, I, 124.

in general, I, 122.

insurance contracts as wagers, I, 124.

Intention of parties immaterial, I, 134.

mattenance, I, 129.

negotiable paper given for illegal purposes, I, 135.

particles not in equal fault, I, 136.

protection to good will of business, I, 125-6.

protection to trade secrets, I, 125.

recovery from a stake-holder, I, 137-S.

recovery in quasi contract for performance of legal part, I, 220-21.

- 11LLEGAL CONTRracts--(Continued) restraint of marriage, I, I31, rights of innocent party, I, 135; statutory prohibitions, I, 127; settling criminal prosecutions, I, 128. Sunday contracts, I, 132. where illegal purpose not consummitted, I, 137.
- 11LLEGALITY--as defense to specific performance, VI, 236; as ground for rescission, VI, 289. of purpose as bar to issuance of patent, IV, 120. of transaction as defeating right to interpleader, V1, 358.
- 11LLEGITIMACY--effect of, upon contestate succession, VI, 27:8.
- 11LLEGITIMATE CHILD--admissibility of declarations concerning pedigree of, in evidence, XI, 65, entitled to inherit from mother, I1, 377. mother entitled to custody of, I1, 377-8. whether included in devise to children, I1, 377-8, whether mother owes duty of support, II, 377-8.
- 11LINOIS--development of law of husband and wife in, II, 322-3. married women's acts of I801 and I874, II, 320-7.
- 11LINNSS--expenses of last, preferred claim against decedent's estate, VI, 137.
- 11MRECILE--may be tesitor, VI, 49.
- 11MMIGRANTS--law exnetting state inspection fees held unconstitutional, XI1, 281.
- 11MMOARLES--interest in, of enemy, in war, X, 80-1.
- 11MMOARLES--of consumer agents, X, 56:7. of diplomatic agents, X, 56.
- 11MMINUNITIES (see Citizens of the United States).
- 11MMINENTITY BATHS"--term explained, XI, 125.

## Chapter 6 General Index

### 6.1 Impairment of Origations of Contracts--

certain legislative powers unrestrinable by contract, XII, 238-43, administrative and economic interests, XII, 241-3, public health and safety, XII, 240-1, public morals, XII, 238-40, constitutional prohibitions against, XII, 249-20. contracts within prohibition of impairment, defined, XII, 221-2, curtailment of funds for payment of municipal bonds as, XII, 230, disappearance of taxing officers not preventable, XII, 250-1, impairment of remedies for breach of contract as, XII, 227-9. In case of foreign contracts, XII, 248, in case of foreign suits, XII, 247-8. laws increasing obligation of contract not within prohibition, XII, 248. obligation of contract defined, XII, 225-7. special privileges protected by rule against, strictly construed, XII, 235-7. special charter privileges as contracts protected against impairment, XII, 233-4. valid changes in remedies do not constitute. XII, 232-3, what acts of impairment forbidden, XII, 220-1. whether accomplished by abolition of indebted municipality, XII, 231-2. IMPANELLING-- of the jury, XI, 365-6, IMPEACHMENT-- of witnesses, XI, 142-3. IMPERFECT CORPorations--what are, VIII, 112. IMPERTINENCE--in bill in equity objected to by motion, XI, 293. IMPLICATION--ensements by, IV, 247. lease by, IV, 270-1, of statute, creation of corporations by, VIII, 119-20, IMPLIED MALICE (see Defamation). IMPLIED POWERS--of corporations, VIII, 180-1. IMPORTATION--of articles infringing registered trade-marks forbidden, IV, 199, prohibited during term of copyright. IV, 179-80.

- \[11\] M.

- \[199\] M. J. C.

## 1 Introduction

The study

## General Index

**INDUCING TORT BY THIRD PERSON--**

action for, II, 262-4.

where tort actionable, II, 262.

where tort privileged, II, 262-4.

**INDUSTRY--**

justification of annoyances in neighborhood devoted to, IV, 212-3.

whether may be exempted from taxation, XI1, 181.

**INFANCY--**

as defense for crime, III, 61.

effect of, on specific performance, VI, 225-6,

effect of, upon testmentary capacity, VI, 50.

effect upon marriage, II, 297-8.

must be pleaded by defendant, XI, 156.

not an excuse for trespass, II, 49-50.

pleadable under general issue in special assumpsit, XI, 189-90.

**INFANT--**

article on infants, II, 384-414.

acts done by direction of, whether capable of disafirmance, II, 405.

as partners, VIII, 21-2.

as principals, I, 235.

capacity of, to act as agents, II, 412.

capacity of, to make sales, III, 281-2.

capacity of, to act as public officials, II, 412.

conflict in law regarding contracts and conveyances of, II, 386-7.

contracts of, generally non-enforceable, II, 387.

contractual capacity of, I, 66.

disafirmance by, of contracts for necessaries, II, 403.

disafirmance by, of contracts for services, II, 402-3,

disafirmance by, of partnership contracts, II, 403-4.

disafirmance of, whether subject to deduction of damages caused, II, 402.

effect of false representation of majority, II, 387-9.

lapse of time after majority as affecting defense of infancy, II, 400-10.

liable in contract for necessaries, II, 390-2.

measure of liability, II, 390-1.

not liable unless goods needed, II, 391-2,

liability of, for crime, II, 414.

liability of, for torts, II, 412-4.

as affected by age of infant, II, 412-3.

not excused by direction of parent, II, 412.

where connected with contract, II, 413-4.

- \[11\]\[
  GENERAL INDEX 933

INFRINGEMENT--(Continued)

jurisdiction of equity to enjoin, IV, 163j.

mark "patented" on articles essential to suit for, IV, 163i.

not negatively by additions and improvements, IV, 158-9.

of copyrights, injunction against, VI, 322-3.

of patents and copyrights, injunction against, VI, 322-33 (see INjunction).

of trade-marks, IV, 198-9.

penalties for, IV, 180-1.

infringement wilful and for profit, IV, 181.

substitution of equivalents not defense against suit for, IV, 155-8.

what constitutes, IV, 153.

IN GUARANTY--

forbearance to sue as consideration for, I, 51.

INHERITANCE TAXES--

may be progressive, XII, 197.

not direct taxes, XII, 319.

payment of, by personal representative, VI, 120-1.

situs of property for, XII. 163-73.

in case of domestic property of resident decedent, XII, 170.

in case of foreign property of resident decedent, XII, 170-1.

in case of domestic property of non-resident decedent, XII, 171-3.

in case of foreign property of non-resident decedent, XII, 173.

INHERENT POWER--

doctrine of, in reference to government of United States, XIII, 311-5.

INJUNCTION (see Extraordinary Remedies, Title Injunction)--

against breach of partnership obligations, VIII, 41-2.

against corporations, VIII, 222, 224-5.

against prosecution of more than one similar suit at law, VI, 341-2.

against successive suits at law between sane parties, VI, 343.

against sorts, VI, 290-333.

against nuisance, VI, 312-325.

isance defined, VI, 312-3.

whether previous trial at law necessary, VI, 313-5.

remedy at law must be inadequate, VI, 315-6,

nuisances causing physical injury to property, VI, 316-8.

harship to defendant as defense, VI, 318-20.

inconvenience to public as defense, VI, 320-1.

at instance of owner of reversion, VI, 321.

whether barred by statute of limitations, VI, 321-2.

## Chapter General Index

### 1.1. Introduction

The _first_
GENERAL INDEX

INJUNCTION--(Continued)

temporary injunction pending decision at law, VI, 309-10,

mandatory to prevent continuing freshness, VI, 311-2.

innocent trespasses doing little injury, VI, 312.

applicable to taking of property without condemnation, XII, 218.

as remedy for infringement of copyright, IV, 180.

as remedy for infringement of patents, IV, 164.

ex parte not allowable unless prayed for tu bill, XI, 278.

right of, to restrain suit on behalf of state, XII, 373-5.

to prevent a complication of suits, VI, 344.

to restrain infringement of trade-mark, IV, 201.

II,LEGALITY--

in connection with negotiable instruments, VII, 95.

mortgage executed for illegal purpose, V, 242.

IMPEACHMENT--

of public officers, IX, 139.

INDEBITATUS ANSUMIPSIT--

as remedy for conversion, II, 80a.

INDEMNITY (see Mortgaoe).

(See Guaranty and Suretship.)

INDORSEMENT (see Endorsement).

INFANTS--

may be trustees, VI, 459.

negotiable instruments voidable, VII, 96.

INNKEEEPER (see Hotel)--

business of, public calling, VIII, 282.

duty of providing accommodations limited to travelers, VIII, 301.

duty of, to provide food for probable guests, VIII, 311.

liability of, for guest's luggage, VIII, 346-9.

liability of, for loss of goods, VIII, 362.

lien of, attaches to all property of guests, IV, 56,

lien of for charges, on goods of guests, IV, 54-5.

lien of, IV, 58-63.

general principle, IV, 58-9.

property known to be bailed to guest, IV, 59-61.

summary, IV, 61-2,

when guests' possession known to be wrongful, IV, 62-3.

lien of, on guests' bagnage as security for charges, VIII, 337-8.

lien of, on property in possession of guests owned by third person

IV, 62-3.

may eject disorderly guest, VIII, 303.

- \[1\]INKEEPEE--(Continued)

ung-send away guest with contagious disease, VIII, 303.

regulations of, VIII, 3465.

virtual Insurer of goods, VIII, 320-32.

INNOENCE--

presumption of, III, 258-9.

INNOENT CONVERSION (see Conversion).

IN REM (see Proceedings in Item).

INSANE PERSONS--

as principals, I, 236.

capacity of, to make sales, III, 282,

care of, by state, XII, 145.

contractual capacity of, I, 62-65.

effect of insinity upon offer for contract, I, 30-31.

liability for necessaries, I, 327-8,

liability of, for necessaries, III, 284.

liability of for words imputing crime, II, 199.

may be trustees, VI, 462.

negotiable instruments volatile, VII, 96,

right to confine if dangerous, II, 45.

transfer of goods as defeating right of to avoid sale, III, 365.

INSANITY--

as basis for admission of former testimony, XI, 40.

as defense for crime, III, 62-6,

early develations, III, 62-3,

knowledge of right and wrong as criterion, III, 63-4,

irresistible impulse, III, 64-6,

cause of divorce, II, 306.

charge of when slanderous jer se, II, 199-200.

dissolution of partnership for, VIII, 66.

effect of, upon testamentary capacity, VI, 49.

effect upon marriage, II, 288-9,

not an exuse for tresusses, II, 50.

of inventor as affecting issuance of patent, IV, 127.

requirement of plending specially as defense to crime, III, 249.

INNOLENCY--

charge of when slanderous per se, II, 200.

common law test of, X, 234.

dissolution of partnership by, VIII, 62-3.

distinguished from bankruptcy, VIII, 68-70.

entities seller to retain possession of goods, III, 390.

of partnership, as affecting distribution of assets, VIII, 70-3.

GENERAL INDEX

INSOLVENCY--(Continued)

provable by reputation, XI, 68.

stoppage in trausitu in esses of, 111, 391-3.

under federal bankruptcy law defined, X, 271-3.

INSPECTION--

by states, of imports not unconstitutional, XI1, 281-2.

INSTALLMIENTS--

effect of provision for delivery by in sales, 111, 376-8.

INSTITUTES OF JUSTINIAN (see JUSTINIAN).

INSTITUTIONAL SYSTEM--

of study of law (see law).

INSTRUCTION--

of court, XI, 146-7.

of the court, in criminal trials, III, 265-6.

to jury, XI, 369-71.

written instructions on law only, XI, 369.

oral instructions, with judge's opinion as to evidence, XI, 369-71.

INSTALLMENTS--

reporting proceedings of public bodies in, II, 239.

INSTALLMENT CONTRracts--

interpretation in case of partial breach, I, 106-9

INSURAIB INTEREST (see Insurance).

INSURAICE--

article on subject, VII, 255-382.

assignees--life insurance, VII, 268.

assignees of policies, VII, 265-70.

assignment of policy, consent of insurer, necessity of, VII, 267.

fire policy, VII, 265-6.

to mortgage of property, VII, 266.

assignment of property, effect of, VII, 265-66.

beneficiaries, life insurance, VII, 269.

beneficiaries of fire policy, VII, 268.

beneficiaries of policies, VII, 265-70.

beneficiary, effect of death of, VII, 270.

condition against increase of hazard, meaning of, VII, 505.

conditions in life Insurance polles, incontestable clause, VII, 323.

time of payment of premium, VII, 322.

conditions in fire insurance polles, after loss, VII, 319-323.

certificate of loss, VII, 321.

effect of language of, VII, 319.

false swearing, VII, 321.

INSTRANCE-- (Continued)

immediate notice of loss, V11, 320,

proof of loss, V11, 320,

conditions in fire insurance policies, before loss, illegality an implied condition, V11, 318.

against change of interest, when broken, V11, 310.

against change of title or Interest whether broken by making mortgage, V11, 310.

against change of title--when broken, V11, 309.

against other insurance, VII, 304.

applicable to fire insurance before loss, VII, 302-319.

against employment of mechanics, VII, 306.

against keeping or using dangerous articles, VII, 310-313.

against keeping or using dangerous articles when household goods insured, VII, 313.

against non-user of manufacturing establishments, VII, 317.

against keeping or using dangerous articles when stock of merchandise insured, VII, 313.

against keeping or using dangerous articles in manufacturing establishments, VII, 312.

against increase of hazard, meaning of, VII, 305.

against vacancy and unoccupied, VII, 314.

as to change of Interest, title or possession, VII, 308.

effect of condition against vacancy where one of a series of buildings vacant, VII, 317.

implied condition, VII, 318.

increase of risk by tenant, VII, 306.

language of--meaning of shall be void, VII, 303.

ownership of insured, VII, 307.

permanence of vacancy and unoccupied, VII, 315.

construction of incorporated document, VII, 285.

contract in writing, necessity of, VII, 259.

distinction between representation and warranty, VII, 280.

extent of warranty in fire insurance, VII, 290-2.

extent of warranty of seaworthiness, VII, 300.

form of policy, VII, 290.

general conceptions, VII, 255-271.

Indemnity applicable to fire and marine, VII, 300.

Insurable interest defined, VII, 260.

Insurable interest in assignee, necessity of, VII, 268.

Insurable interest in beneficiary, necessity of, VII, 269.

Insurable interest, life insurance, what constitutes, VII, 268-5.

GENERAL INDEX

INSURANCE--(Continued)

insurable interest requisite to valid policy of, VII, 263-5.

insurable Interest, what constitutes, VII, 260-263.

kinds of, VII, 256.

kinds of policies, VII, 257.

liability for, as between landlord and tenant, IV, 321-2.

losses covered by accident insurance, VII, 352-360.

accident followed by disease, VII, 356.

death, VII, 357.

death by external means explained, VII, 352.

death by violent means explained, VII, 353.

disease followed by accident, VII, 357.

language of policy, VII, 352.

loss of limbs, VII, 358.

total disability, VII, 358.

death by accidental means explained, VII, 354-6.

losses covered by fire insurance policy, VII, 342-8.

direct losses, VII, 345.

fire defined, VII, 342.

fires set by third persons, VII, 344.

"friendly" and "hostile" fires, VII, 343.

indirect losses, VII, 346-8.

losses that are recoverable, VII, 345.

losses covered by life insurance policy, VII, 348-352.

clauses covering insane suicide, VII, 351.

death in crime, VII, 349.

execution, VII, 349.

insane person, suicide, VII, 350.

language of policy, VII, 348.

negligent death, VII, 351.

suclide, VII, 349.

what deaths not covered, VII, 348-9.

losses covered by marine policy, warranty, VII, 341.

collision, VII, 340.

fires, VII, 341.

loss on board vessel, VII, 340.

perils of the sea, VII, 330-340.

losses covered by policy, VII, 338-360.

marine, VII, 299-302.

method of adjusting on stock of goods after fire, XI, 53-4.

**INSURANCE--** (Continued)

nature of, VII, 256.

parties, who may be an insurer, V11, 258.

who may be insured, VII, 259.

policy of, cancelled for fraud, VI, 346.

promissory warranties, VII, 205.

qualified warranties, VII, 294.

receipt of, by landford not defense against tenant's duty to repair,

IV, 341-2.

recovery and subrogation, VII, 360-382.

articles owned by manufacturer, VII, 362.

co-insurance, VII, 371-2.

fire insurance, total loss in open policy, VII, 361.

general ownership subject to outstanding interests, VII, 366,

limited interests definitely measurable, vendor and vendee, VII,

370.

limited interests definitely measurable, Ibens, VII, 369-70.

limited interests not definitely measurable, VII, 368.

marline insurance, partial loss, VII, 361.

marine insurance, total loss, VII, 360.

non-staple articles, VII, 364.

partial loss, VII, 366.

reality, VII, 363.

staple articles, VII, 362.

subrogation against carriers, VII, 375.

subrogation allowed independent of order of procedure, VII, 373.

subrogation not applicable to life and accident policies, VII, 381-2.

subrogation to tort rights, VII, 372-3.

valued policy, VII, 364.

representation and concealment, VII, 271-280.

answer of insured must be substantially true, VII, 275.

existence of peculiar facts, VII, 274.

falsity of answer not exensed by good faith, VII, 276.

falsity of opinion, effect of, VII, 278-9.

falsity of volunteered information, effect of, VII, 276-7.

fire insurance, VII, 272.

incomplete answer, effect of, VII, 277-8.

insured required to disclose peculiar and unusual facts without

Impuity, VII, 273.

Insured required to give only information sought, VII, 272.

interpretation of, whether statement a representation or warranty, VII, 280.

GENERAL INDEX

INSURANCE--(Continued)

life insurance, V11, 272.

marine insurance, VII, 271.

material fact defined, VII, 271.

materiality of representation, VII, 274.

representation defined, VII, 280.

right of in foreign company, XII, 134.

special requirements of policies, VII, 299-324.

standard policy, VII, 260.

terms defined, VII, 258.

waiver, after breach of policy, VII, 331-3.

before breach of policy, VII, 333.

conditions applicable after loss, VII, 335,

contemporaneous with making of policy, VII, 334.

only known causes of forefeiture are waived, VII, 328-30.

power of agent to waive forfeiture, VII, 325.

prejudice to insured required, VII, 331.

restrictions as to power of agents to waive ineffective, VII, 326-8.

what amounts to, VII, 320,

what is, VII, 324.

when mere silence is, VII, 337.

warranties, against illegality in marine insurance, VII, 302.

ambiguous language as to, VII, 297.

answer to specific question as, VII, 294.

conflicting language as to, VII, 283-5.

construed in light of purpose to be answered. VII, 202-3.

effect of falsity of answer not overcome by good faith, VII, 293,

extent of, VII, 200-208.

general principles, VII, 282.

illustration of language held not to be, VII, 289.

illustrations of language held to be, VII, 288.

inplied, VII, 299-302.

inplied limitation on, VII, 296.

incorporation of application--how accomplished, VII, 285.

incorporation of other documents, VII, 282-90.

of non-deviation, in marine insurance, VII, 301.

geaworthiness in marine insurance, VII, 299.

statements that are, VII, 286-7.

statements that are not, VII, 286.

what are, VII, 283.

warranties, VII, 280-2.

## 1 Introduction

In the present paper, we have presented a new method for constructing the _local_ and * \[195\] M. C. C. R. Jones, _Theoretical Physics of the Universe_, 1983.

- \[196\] M. C. R. Jones, _Theoretical Physics of the Universe_, 1983.
- \[197\] M. C. R. Jones, _Theoretical Physics of the Universe_, 1983.
- \[198\] M. C. R. Jones, _Theoretical Physics of the Universe_, 1983.
- \[199\] M. C. R. Jones, _Theoretical Physics of the Universe_, 1990.
- \[199\] M. C. R. Jones, _Theoretical Physics of the Universe_, 1991.

General Index 335

1NTESTATE SUCCESS--(Continued)

view that a federal common law is applicable, IX, 281.

view that state common law continues until changed by Congress, IX, 282.

view that no law forbids discrimination, IX, 279.

INTERSTATE COMMENCE ACTS--

unreasonable discrimination in rates prohibited by, VII1, 334-5.

INTERSTATE COMMERSION--

power to enforce orders, XII, 18.

INTERSTATE RELATIONS, XII, 342-8.

agreements between states, XII, 343-4,

extradilton and rendilton, XII, 343.

recognition of public acts, records, and judicial proceedings, XII, 342-3.

INTERVENING ACT OF PLAINTIFF (see Neglience).

INTERVENTION (see Neglience)--

in affairs of sovereign states, X, 16-22 (see States).

INTERSTATE SUCCESS (see Conflict of Laws)--

assignment of dover, VI, 19-20.

by state, VI, 31.

community property as to, VI, 16.

conclusions regarding, VI, 31-2.

conflict of laws concerning, VI, 10-11.

distinction between real and personal property as to, VI, 9-10,

dower of widow in husband's real'property, VI, 17-8.

at common law, VI, 17-8.

by statute, VI, 18.

effect of advancements to heirs and distributes, VI, 29-31.

effect of alienage upon, VI, 28-9.

effect of crime upon, VI, 29.

effect of illegitimacy upon, VI, 27-8.

marital rights of, VI, 12-23.

of brothers, sisters, and remoter relatives, VI, 26-7,

of and from adopted children, VI, 24:5.

of parents, VI, 25-6.

of posthumous children, VI, 25.

quarantine of dover, VI, 20.

relatives of whole-blood versus relatives of half-blood, VI, 27.

rights of descendants in intestine's estate, VI, 29-4.

rights of heirs and next of kin, VI, 22-91.

right of homesteal, VI, 22-3.

rights of surviving husband in wife's real property, VI, 14-6,

Vol. str=16
INTERSTATE SUCCESSION--(Continued)

at common law, VI, 14-5.

by shuttle, VI, 15.

as heler to wife, VI, 15-6.

rights of surviving husband In wife's personal property, VI, 12-4.

at common law, VI, 12-3.

by shuttle, VI, 13-4.

rights of wife in deceased husband's personal property, VI, 17.

right of widow and minor children to allowances, VI, 21-2.

succession per stripes, VI, 23-4.

survival of judgments, decrees, and contract rights. VI, 8-9.

as modified by statute, VI, 8-9.

survival of actions for torts, VI, 7-8.

survival of property rights other than claims, VI, 9.

survival of claims of decedent, VI, 6-7.

testamentary provision in bar of dower, VI, 18-9.

widow's right as heir, VI, 21.

INTOXICATION--

as defense for crime, III, 62.

evidence of, when admissible, XI, 22.

INTOXICATED PERSONS--

capacity of, to make sales, III, 282.

liability of, for necessarles, III, 284.

INTOXICATING LIQUORS--

covenant in lease against sale of, enforceable as equitable easement,

IV, 251.

INTRODUCTION--

of bill in equity, XI, 275-6.

to cyclopedia, I, v-liv.

INVALID--

of deced, when ground for cancellation, VI, 850-2.

of instrument on its face as defense to suit for cancellation, VI, 352-3.

of instruments on their face as bar to cancellation, VI, 348-9.

necessarily appearing in suit on instrument as bar to cancellation,

VI, 353.

INVASION--

states protected against, XII, 83.

INVENTED--

distinguished from discovered, IV, 107-8.

INVENTION--

abandonment of, as bar to issuance of patent, IV, 121-2.

no right in at common law, IV, 90-100.

GENERAL INDEX

JAPANESE--

annot be naturalized, XII, 75.

exclusion of children of, from public schools, XII, 328.

JEOFAILS--

status of, XI, 207.

JEOPARIDY (see Former Jeopardy).

JEST--

marriage in, not valid, II, 207.

JOHN DOE--

use of fictitious name of, in warrants, III, 218-9.

JOINDR--

of causes of action under code pleading, XI, 208-10.

of grievances of different parties in bill in equity, XI, 281-2.

of husband, in married woman's conveyances, II, 388.

of several causes of action not proper in bill in equity, XI, 281, of Issue, XI, 233.

JOINTATION--

to improve property may be compelled, XII, 151-2.

JOINT INVENTORS--

entitled to joint patent, IV, 127-S.

JOINT PATENTS (see patents).

JOINT STOCK COMPANIES--

at common law, VIII, 76-7.

by statute, VIII, 77-S,

distinguished from corporations, VIII, 100-S.

JOINT TENACY (see Real Estate).

JOINT WRONG DOERS--

contribution between, in quasi contracts, I, 201-3,

JOINT AND SEVERAL CONTIRACTS--

effect of joint and several obligations, I, 76-77.

joint and several liability, I, 75.

joint contracts, I, 76.

presumption in respect to, I, 75.

survivorship, I, 76-77.

statutory modifications of, I, 75-77.

JOURNEXTEN--

action for enfteling away, II, 257.

JUDGE--

admissibility of evidence determined by, X1, 130-1,

conduct of, in erinhal trial, 111, 262-3,

function of, in jury trial, X11, 1045.

function of, to decide questions of law, X1, 145.

liability of, for excluding negro from jury, X11, 61-2,

JUDGE-MADE LAW (see LAW).

JUDGE--

civil liability of, 1X, 202.

method of selection of, X1, 381.

protected by privilege from actions of defamation, 11, 211-12.

of federal courts, tenure of, X11, 351-2.

JUDGMENT (see ABREST of JUDGMENT)--

(See Records.)

absolute, X, 314.

artcle on subject, X, 303-346.

based on actual service of process on foreign in jurisdiction is

valid, IX, 345.

based on foreign service of process is void, IX, 344.

blinding title to property, X, 310,

character of as affecting method of service, X11, 112-3,

collateral attack, conclusiveness, X, 325.

defined, X1, 374.

definition of, X, 303, 313.

different effect of motions arresting and giving, X1, 259-60,

domestic, X, 314.

effect of, X, 828.

effect of as a bar in subsequent suit or defense, X, 382.

effect of in creating estopels, X. 329.

effect upon conclusiveness of special jurisdiction of court, X, 342.

effect of, on demurrer, X1, 252-3.

effect of, on dilatatory pleas, X1, 270-1,

effect of satisfaction of, 1V, 39-41.

enforcement of by coercion, X, 348.

entry of, X1, 371.

illustrations of, X, 306.

estoppel by arises if final, on merits and subsisting, X, 344.

estoppel by arises if in personium, X, 345.

estoppel by, essentials, X, 380.

essentials of, summary, X, 313.

execution of by officers of court, X, 348.

final, X, 314.

JUDGMENT--(Continued) forelgu, X, 314.

In court of review, XI, 382.

In personann, X, 314, 338.

In rem, X, 314, 338.

Interest on may be reduced by law, XI1, 222.

Interlocutory, X, 314.

In what suits parties and prities bound by, X, 339.

kinds of, X, 314.

Imitation on power to vacate, amend or modify judgmeuts, X, 326.

merger in, of other judgments and obligations, X, 333.

motion for, under code pleading, XI, 313-4.

motion in arrest of, XI, 254-6.

nisl, X, 314.

on issues of fact, X, 314.

on issues of law, X, 314.

partles bound by, X, 328.

partles to, who are, X, 340.

preferred claim against decedent's estate, VI, 138,

prives to, who are, X, 340.

proceedings after, XI, 374-82.

record distinguished from, X, 325.

record of defined, X, 315.

record of, form, X, 316.

record of, preservation, American practice, X, 317.

record of, preservation, former English practice, X, 315.

record of conclusiveness, X, 323.

record of conclusiveness, modern view, X, 323.

record of, entry and amendment of, X, 320.

record of, essentials, X, 322.

record of, how far aided by presumption, X, 321.

record of, how far presumption aids, X, 321.

record of, questions regarding essentials, X, 321.

record of when may be disputed, X, 323.

requiring no execution, X, 347.

satisfaction of, X, 432-9.

appeal after, X, 436.

by lapse of time, X, 433.

by payment, X. 434.

by recovering another judgment, X, 433.

by setting off against other judgment. X, 433,

by use of process, X. 432.

- \[39\] JUDGMENT-- (Continued) effect of reversal after satisfaction on third parties, X, 437. medium and amount to satisfy, X, 438, proof and entry of satisfaction, X, 436. restlution on reversal after, X, 437. rights after, X, 4369. to whom payment may be made, X, 434. vacating false satisfaction, X, 438. what payment satisfies, X, 435. survival of, VI, S, transfer of real property without owner's consent by, V, 199. vacation, modification and amendment of, X, 435. vacation, modification and amendment of after term, X, 237-S, valid, X, 314. void, X, 314. what actions and defenses extinguished by, X, 334, what courts may vacate, modify or amend, X, 336; what matters concluded by in a different cause of action, X, 336, when may be vacated modified or amended, X, 337.
- \[40\] JUDGMENT IN PEIRSONAM-- defined and illustrated, IV, 38-9. JUDGMENT IN REM-- defined and illustrated, IV, 367. JUDGMENT NON OBSTATE VEREDICTO-- procedure under, XI, 2569. JUDGMENT QUASI IN REM-- how applicable, IV, 37. JUDGMENT ROLL-- how made up, XI, 258. JUDGMENT LEGISLATION-- Instances of Improper, XIII, 248-6. JUDICAL NOTICE-- effect of, XI, 147. effect of, XI, 147. effect of, XI, 148. JUDICAL POWERS-- cannot be exercised by legislative and administrative bodies, XII, 168. JUDICAL PROCESS-- as affected by unconstitution of stante, 11, 554. as affected by jurisdiction of the court, 11, 55. definition of, II, 55. effect of officers knowledge of defect in, III, 55.

## General Index

JUDICIAL PROCESS--(Continued)

form of, 11, 54.

invalid but "filt on its face" us justifying officer, II, 54.

justification of officer under, II, 54-8.

I liability of officer for serving upon wrong person or property, II, 56.

JUDICIAL REPHEVES (see Reprieves).

JUDICIAL TRIBNAL--

not necessity for due process of law, XII, 122-4.

JURIES (see Grand Juries).

JURISDICTION (see Conflict of Laws).

(See Military JURISDICTION.)

(See Public Officer, title, Authority and Poweb.)

as affecting due process of law, XII, 112-3.

as affecting judicial process, II, 55.

extent to which must be shown in pleadings, XI, 243-4,

of courts of subject matter, XI, 232-7 (see Coorts).

of courts over parties, XI, 327-30 (see Courts).

of criminal law, III, 55-7 (see Criminal Law).

of person by officer, IX, 154.

of states, X, 23-50.

territorial, X, 23-31.

territorial property, X, 23-4.

acquisition of territory, X, 24-7.

discovery and occupation, X, 24-6.

conquest and cesslon, X, 26.

prescription, X, 26-7.

accretion, X, 27.

boundaries of state territories, X, 28.

river boundaries, X, 28-9.

lake and sea boundaries, X, 29.

qualified jurisdiction, X, 29-31.

protectorates, X, 29-30.

spheres of influence, X, 30-1.

fluvial and maritime, X, 31-40.

rivers, X, 31-2.

entirely enclosed lakes and seas, X, 32-4.

stratits, X, 34.

canals, X, 34-5.

marginal seas, X, 35-6.

nature of jurisdiction over territorial waters, X, 36-7.

right of innocent passage, X, 37.

**JURISDICTION--** (Continued)

jurisdiction over vessels on high seas and in foreign ports, X, 37-8.

plracy, X, 38-9,

thseries, X, 38-40.

personal, X, 40-50.

nationally by birth, X, 40-1.

exportration, X, 41-2.

status of allens who have declared intention of exportration,

X, 42-3.

jurisdiction over allens, X, 43.

foreign sovereigns, X, 43-4.

diplomatic agents, X, 44-6,

foreign armed forces, X, 46-7,

public ships, X, 47-8.

merchant vessels, X, 48-9,

consular jurisdiction, X, 49.

extralition, X, 49-50.

political offenses not subject to, X, 50.

of subject matter, official abuse of discretion in determining, X, 157.

of subject matter, official determination, X, 155,

of reviewing courts, X1, 378-9.

JURISDICTION CLAUSE--

of bill in equity, X1, 276-7.

JURISDICTION OF COURTS (see Conflict of Laws)--

elements of, X, 308-313.

court legally constituted, X, 308,

court's power to enter particular judgment, X, 308.

court's power to pass on question submitted, X, 308.

opportunity of party to be heard, X, 312.

person before court, X, 311.

property before court, X, 310.

submission of question to court, X, 300.

JURISFRUENCE--

classification essential to, X111, 79-83,

defined, X11, 75-8.

defined and explained, X111, 4-6,

definition essential to, X111, 85-6,

distinguished from law, X111, 23.

German conception of, X111, 10-3,

utility of, X111, 73-5.

GENERAL INDEX #25

JURISPRUENCE AND LEGAL INSTITUTIONS--

article on subject, XIII, 1:369.

JURISTIC ENCYCLOIDEDIA (see Encyclopedia).

JURORS--

forms of challenge of, XI, 366:7.

JURY (see Grand Jury)--

argument to, XI, 365-9.

deliberation by, upon case, III, 266.

exclusion of, during arguments on competence of evidence, III, 257.

function of, in trial, XI, 365.

Impaulle, XI, 365-6.

may be judges of law in criminal cases, XI, 145-6.

opening statements to, XI, 307-8.

polling the, III, 267.

proper attitude of attorneys toward, XI, 363.

qualifications for, as affecting due process of law, XII, 129:30.

question of malice for, II, 221-2.

question of malice for, in malicious prosecution, II, 250.

trial by, in criminal cases, III, 254-5.

trial by, preserved under code pleading, XI, 306.

weight of evidence, question for, XI, 144-5.

JURY SYSTEM--

effect of, upon rules of evidence, XI, 10-3.

part in determining character of common law courts, VI, 149-50.

JURY TRIAI--

constitutional right of, not applicable to misdemeanors, XI, 105.

definition of, XII, 104.

development of, I. xxiii.

diversities of, in various states, XII, 105-6.

function of judge in, XI, 104-5.

may be abolished, XI, 115.

not essential to condemnation proceedings, XI, 218.

not essential in Hawaii or Phillippines, XI, 270.

origin of, I. xxii-xxiii.

right of, in territories, XII, 266.

unanimous verdict as feature of, XII, 104.

JUS IN PERSONAM--

defined, XIII, 200-1.

JUS IN REM--

characteristics of. XIII, 200-L

JUS SANGUINIS--

term defined, X, 40.

- \[15\]JUS SOLI--term defined. X, 41.

- \[16\]JUSTICES OF PEACE--records of court, X, 320.

- \[17\]JUSTINIAN--institutes of, XIII, 91-4.

- \[18\]JEVENILE COUNT ACTS--powers conferred, II, 361.

- \[19\]KEXS--delivery of, as evidence of gift, IV, 46-7.

- \[20\]KIDNAPPIING--defined, III, 63.

- \[21\]of criminals, effect on trlai, III, 238-0.

- \[22\]KIN (see Next of Kin).

- \[23\]KINGS--dilvine right of, XII, 2.

- \[24\]KING'S BENCH--jurisdiction of court of, I, xxvi.

- \[25\]KING'S CHARTER--creenton of corporations by, VIII, 115.

- \[26\]KING'S COURTS--original theory of, I, xxvi-xxxil.

- \[27\]KLEPTOMANIA--effect upon marriage, II, 298-9.

- \[28\]KNOWLEDGE--representation of belief as, may constitute deceit, II, 86-7.

- \[29\]LABELS--infringing trade-nurks subject to destruction by order of court, IV, 202.

- \[30\]LABOR--combination of, II, 282-3.

- \[31\]contracts for, not within statute of frauds, III, 288-92.

- \[32\]lieis for, in improving chatlits, IV, 50-1.

- \[33\]LABOR DISPUTES--law of uncertuin, II, 283-9.

- \[34\]\[\]liability for using force in, II, 272.

- \[35\]LABOR LEGISLATION--validity of, XII, 147.

- \[1\]

- \[19\]

## Appendix A General Index

### A.1.1.

The _A priori_ definition of
1.ICAL,ACTIONS--

definest and illustrated, XI, 310-20.

1.ICAL,ASSESSMENTS--

theory of, XI1, 188-91.

whether property benefited but not assessed is objection, XI1, 190.

1.LOCATION (seeMinstnoLaw).

LOCKE V. LEWIS--

doctrine of, VIII, 50-I.

1.LOCOMOTIVE--

libability of for the caused by (seeRailroad).

1.LOCOMOTIVEENGNEERIS--

compulsory examination of for color blindness, XI1, 297.

1.ODE CLAIMS (seeMinstnoLaw).

1.ODGE--

libability of members for debts of, VIII, 17.

1.ODGE--

status of different from that of tenant, IV, 272-4,

status of, in premises of landiord, IV, 254-5.

1.LOGIC--

law of (seeLaw).

1. Loss (seeRisk orLoss)--

of lines (seeLbens).

risk of, in case of sales of personal property, III, 380-2.

sharing in not essential to partnership, VIII, 27.

sharing only, not usually sufficient for partnership, VIII, 27-8.

1.LOSTCHATTELS--

title to, IV, 14-5.

1.LOSTPROPERTY (seeProperty).

1.LOTTERY--

matter of may be excluded from mails, XI1, 255-6.

not protected by charter, XII, 298-40.

power to forbid the carrying of tickets of between states, XII, 256,

right of corporations to conibict, subject to police power, VIII, 227-8,

transportation of tickets of, between states forbidden, XI1, 302.

1.LOTTERYADVEITISEMENTS--

circulation of In mails may be forbidden, XII, 84.

1.IOUISIANIAN--

law of wills in, VI, 69-8.

under civil law, I, xvll.

1.UMBER--

libability for negligence in piling, II, 128.

- \[11\] M. A. M.

- \[19\]MANDATARES--

offleers of corporations as, VIII, 247.

- \[20\]MANDATORY INJUNCTION (see Injunction)--

to prevent continuing trespass, VI, 311-2.

MANNER--

of delivery in sales, III, 372-4.

MANSFIELD, Lord--

creation of law of quasi contract, I, 162-3.

influence of, upon law merchant, XIII, 351-2.

MANSLACGHITER (see Homiche)--

accidental killing of batter by thrown missile held to constitute, III, 46.

injury from illegal keeping of fireworks held not to constitute, III, 45.

Ilability for, where victim's death partly due to poor care, III, 21, running over man in street held to constitute, III, 25.

voluntary, defined and illustrated, III, 104-11,

provocation no excuse after reasonable time, III, 111-3.

Involuntary, defined and illustrated, III, 113-5.

MANIFACTURE--

meaning of term in connection with patents, IV, 106.

MANIFACTURE--

contract to supply stock goods held contract of sale, III, 289-90.

contract to supply goods non-existent held not sale contract, III, 201-2.

right to reject iron not according to contract, III, 323.

MANIFACTURE--

distinguished from commerce, XII, 284.

MARBURY VS. MADISON--

doctrine of, XII, 34.

MARGIN--

sale of stock on, XII, 137.

MARGINAL SEAS--

control and extent of, X, 35-6.

MARINE INSURANCE (see Insurance).

MARNERS (see Saitons).

MARITAL PROPERT (see Conflict of Laws).

MARITIME JURISDICTION (see Jurisdiction)--

defined, X. XI-10.

admiarity jurisdiction in federal judicary, XII, 305-6.

- \[19\] MARTIAGE--(Continued) effect of, on woman's will as to land, II, 330. effect of infancy upon, II, 297-S. effect of Insault upon, II, 298-9. effect of kleptonanila upon, II, 298-9, effect of venereal diseases upon, II, 301. first cousins sometimes prohibited from, II, 299-900, formal requisites of, II, 295-7. illegal consideration for contract to marry, II, 293-4. in jest invalid, II, 297. loss of, ground for action of slander, II, 202-3. nullification of wills by, VI, S3. operates as emancipation of child, II, 367. promise of, by married person whether actionable, II, 294. provable by reputation, XI, 67. recognition of, outside the state where performed, II, 302-3. statutory provisions regarding manner of, II, 295-6, transfer of real property without owner's consent, curtsey, dower, community interests, V, 197-9. validity of, by what law determined, II, 300. validity of whether determined by law of place where solemnized, IX, 507. validity of fixed by laws of place where celebrated, IX, 307-8. within control of state, XII, 222.

- \[20\] MARRIAGE AND DIVORCE-- (See DIVORCE.) article on, II, 292-321.

- \[21\] MARRIAGE LICENSE-- when required, II, 295.

- \[22\] MARRIED WOMAN-- may be trustee, VI, 460. power of, to subscribe for stock, VIII, 142, as partners, VIII, 22-3, as principals, I, 236, capacity of, to make sales, III, 2S1. capacity to make wills, VI, 50-1, contractual capacity of, I, 66. contracts of, II, 331-4. at common law, II, 331. in equity, II, 331-2.

- \[11\] M.

- \[19\]MERCANT VESSELS--

routrol of, in foreign waters, X, 48:9.

- \[20\]MERCNANTS--

commission, incident authority of, 1, 3168.

enactment of statute of, I. xxvil.

influence of custom of, on law of negotiable paper, I. xl.

MERCNANTSABILITY--

implied warranty of, I11, 334-5.

MERGER--

effect of upon judgment, X, 333.

defined, X, 333.

of civil remedy in criminal action, I11, 2982.

of lesser offense in greater, I11, 29.

of negotiations in executed contract, X1, 91-2.

MERRY-GO-ROUND--

injunction against playing organ connected with, VI, 389.

MENSE PROCESS--

definition of, I1, 53.

MESSNE PROFITS--

action for, VI, 300.

MERRIC SYSTEM--

use of permitted by act of congress, XI1, 320.

MIDDLE NAMES--

use of, in Inditements, I11, 224.

MILITARY LAW--

defined, XI11, 368-9.

MILITARY OCCUPATION--

nature of, X, 86.

dutles of local officers, X, 87.

limitations of occupying authority, X, 87.

MILITARY JURISDICTION--

defined, XI1, 392-4.

MILITARY OFFIGERs--

extent of protection from actions of definition, I1, 211.

MILITARY POWER--

exercise of, during actual distilldles, XI1, 330.

vested to federal government, XI1, 329-30.

MILITIA--

inhibity of, for federal service, XI1, 331.

MILIS--

adulteration of, held criminal without proof of knowledge, III, 49-50.

of less than legal standard, liability for sale of, XI1, 150.

- \[19\] MILLER--

- \[20\] Iben of, on grain, for price of grinding, IV, 52.

- \[21\] MILL-OWNER--

- \[22\] evidence of subsequent repairs inadmissible in suit against for injury, X1, 18.

- \[23\] MINE--

- \[24\] limitation of hours of labor in, XII, 37.

- \[25\] regulation of labor in, XII, 141.

- \[26\] MINE OWNER--

- \[27\] duty of, to support surface of ground above mine, IV, 207.

- \[28\] MINERIAL LANDS--

- \[29\] acquisition and disposition of, by government, XIII, 328-9.

- \[30\] MINERS--

- \[31\] custons of, as law, I, xil.

- \[32\] MINING LAW--

- \[33\] arttle on subject, V, 299-361.

- \[34\] scope of arttle, V, 296.

- \[35\] annual labor or improvements, claims held in common, V, 338.

- \[36\] forfeiture to co-owner from failure to perform, V, 34.

- \[37\] pending patent proceedings, V, 343.

- \[38\] place of performance, V, 337.

- \[39\] proof of, V, 342.

- \[40\] statutory provision, V, 335.

- \[41\] time for performing, V, 336.

- \[42\] what it is, V, 335.

- \[43\] what work will count as, V, 339.

- \[44\] work done outside of claim, V, 342.

- \[45\] applications to patent mining claims, adverse claims, V, 355.

- \[46\] application papers, final set of, V, 357.

- \[47\] application papers, first set of, V, 354.

- \[48\] entry and patent. V, 357.

- \[49\] known lodes within placers, V, 358.

- \[50\] nature of patent, V, 358.

- \[51\] patenting lode claims, V, 354.

- \[52\] patenting placer claims, V, 358.

- \[53\] survey requirements, V, 354.

- \[54\] who may apply, V, 353.

- \[55\] blind veins cut by tunnels, location of, V, 330.

- \[56\] coal, timber and stone land, entries, V. 361.

- \[57\] discovery and location, V, 306-334.

- \[58\] district rules, importance of, V. 302.

- \[59\] vol. XIV=18 * \[199\] MINDING LAWS-- (Continued) extrralateral rights, V. 389.

- \[199\] federal legislation on mining, V. 399.

- \[199\] location of lobe radius, discovery or positron's nodule, V. 315.

- \[199\] discovery, shift, V. 315.

- \[199\] marking the location on the ground, V. 317.

- \[199\] mountains, V. 318.

- \[199\] posting indices of location, V. 320.

- \[199\] posts, V. 317.

- \[199\] reicording, V. 320.

- \[199\] size of chain, V. 317.

- \[199\] discovery, V. 306.

- \[199\] location defined, V. 314.

- \[199\] location of, essential steps, V. 314.

- \[199\] beds possession, V. 310.

- \[199\] unappropriated lands of the United States, V. 399.

- \[199\] valuable mineral deposits, necessity of, V. 307.

- \[199\] vein or fide delinol, V. 308.

- \[199\] mill sites--location of, V. 337.

- \[199\] mining claims, lodes and placers, V. 306,

- \[199\] mining districts and miners' rules, V. 300.

- \[199\] origin of American mining law, V. 300.

- \[199\] placement claims and lodes within placers, discovery, V. 320.

- \[199\] discovery, notice and discovery work, V. 321.

- \[199\] location notice and record, V. 325.

- \[199\] location of known lodes within placers, V. 325.

- \[199\] location of placers, V. 324.

- \[199\] marking the location on the ground, V. 324.

- \[199\] number of acres for one discovery, V. 326.

- \[199\] nodis possessio, V. 329.

- \[199\] proceedings after discovery and location, V. 325-361.

- \[199\] reicention of mining claims, be third persons, V. 316.

- \[199\] by amendment, V. 392.

- \[199\] complete reicention by forefecting owner, V. 351.

- \[199\] premature reloution, V. 350.

- \[199\] resumption of works--amount required, V. 387.

- \[199\] resumption of work, when it must take place, V. 348.

- \[199\] state legislation on mining, V. 309.

- \[199\] tunnel stress--location of, V. 328.

- \[199\] tunnel stress--nature of, V. 380.

GUREA:S3.F1\]\[ENDFIGURE\]

## 6. General Index

MINING LAW-- (Continned)

who may discover and locate mining claims, allens, V. 318,

land office employees, V. 318,

minors, V. 312,

MINISTER--

church subscriptions solicited by without authority, not binding,

VIII, 151,

coupying passage whether tennit of church society, IV, 274-5,

excluded from jury service, XII, 130.

MINISTERS PLENIPTENTARY--

rank of, X. 52,

MINOR--

(See Instant.)

mining claims, right to discover and locate, V. 312,

service of process upon essential to jurisdiction over, XI, 329,

(See Infants.)

MINSCHEF (see malicious Miscinef).

MINSCHEF--

defined, III, 190,

MINSDEMEMOR--

arrest for, without warrant, III, 211-4,

distinguished from felony, III, 28-9,

trinible without a jury, XII, 105,

particles to, all principals, III, 79-80,

MINJORDER--

of netlous in pleading, XI, 244-5,

of particles to pleading, XI, 245,

MINNOER--

in pleading, XI, 247,

of corporations, effect of, VIII, 167,

plea of, III, 245.

MINREPRESENTATION--

as defense to specific performance, VI, 226,

innocent, as affecting right to reestabl, VI, 276-7,

reliance on, essential to action for rediscision, VI, 277-8,

distinction between effect of misrepresentation and fraud, I, 155,

effect upon contract induced thereby, I, 154,

misrepresentations of law, I, 156,

what is a false statement, I, 155,

MINSTAKE (see Excuses for Tessess)--

absence of remedy for, at law, VI, 234-5,

as defense for crime, III, 56-61,

as defense to specific performance, VI, 227-8

## 10 General Index

MISTAKE--(Continued)

as to death or divorce of spouse, 11, 307-S.

caused by plaintiff not sufficient for conversion, 11, 80.

commission of in wills, VI, 43-S.

effect upon revocation of wills, VI, 77-S.

in account of personal representative of decedents estate, VI, 142.

in amount of land conveyed, VI, 240-7.

in connection with stock subscriptions, VII, 141.

in description of land conveyed, VI, 228-S3.

relief from against successive transferees, VI, 239-S3.

in interest conveyed, VI, 245.

in subject-matter of contract, VI, 243-S5.

in title to real-property, VI, 247-S.

in value of thing solid, VI, 245-G.

of fact-distinguished from mistake of law, VI, 239-S.

of law, of one party only, VI, 255-G.

of law resulting in failure to obtain contract obligation, VI, 254-S.

of law, whether ground for equitable relief, VI, 253-4.

of one party only, not ordinarrally ground for relief, VI, 250-2.

oral declarations admissible to prove, XI, 96.

reformation of written instruments on account of, XI, 96-S (see Reformation).

remedy for in equity, VI, 235-G.

right of recovery for, in payment of rent, IV, 361.

MISTAKE IN FORMATION OF CONTRACT--

nistake as to identity of party, I, 151.

nistake by one party, I, 151.

nistake known to other party, I, 151.

nistake in form of contract, I, 152.

mutual mistake as to subject matter, I, 150.

MISTAGATION OF PUNISHMENT (see PUNISHMENT).

MIXED ACTION--

defined, XI, 166.

MISTAKE--

of property of unequal values as affecting title, IV, 32-S.

MODELS--

in connection with applications for patents, IV, 135-G.

MONEY--

present exclusive federal control of, XII, 316.

MONEY AND RANKING--

constitutional provisions concerning, XII, 308.

**CONFORMY--**

effect of legal, in establishing public character of business, VIII, 286-S.

effect of, upon public character of business, VIII, 291-5.

**CONFORMIES--**

grant of, in England, IV, 100.

**CONIROE DOCTRINE--**

not a part of international law, X, 21-2.

**CORAL LAW (see Law).**

**CORAL's (see Public Morals)--**

eriminal offenses against, III, 188.

**(See Public Morals.)**

**CORAL OBLIGATION--**

taxation to discharge, XII, 181-2.

**COMPRON--**

religious belief of, no defense against polygamy, III, 29-41.

religious faith of, no excuse for polygamy, III, 14.

**COMPGAGE--**

(See Trusts and Trustes.)

(See Chatitel Mortagas.)

debt, preferred claim against decedent's estate, VI, 138.

distinguished from assignment of leuse, IV, 312.

indorsement of payment on, held to be gift, IV, 45-6.

legislation concerning, as impairing obligation of contract, XII, 228-9.

of property of another as conversion, II, 71.

of term, by tenant, IV, 808-9.

where subject to taxation, XII, 159-60.

article on subject, V, 229-297.

equity of redemption, V, 231.

equity of redemption, contract for future sale of, V, 234.

forms of, absolute conveyance, V, 237.

forms of, deed of trust, V, 239.

forms of, ordinary, V, 236.

forms of, sale with right to repurchase, V, 238.

future acquisitions, whether subject to mortgage, V, 235.

future advances, V, 241.

growth of equitable doctrine of, V, 230,

illegal purpose, effect of, V, 242.

jurisdiction for foreclosure of, in equity, XI, 351.

Iien theory of, V, 232.

mortgagee defined, V, 229.

- \[273\] MORTGAGE--(Continued) morigage defined, Y, 200, nature and essential elements of, V, 200-2018.
- \[274\] once a mortgage always in mortgage, V, 200.
- \[275\] personal liability of mortgage, V, 201.
- \[276\] rent estate, V, 200-205.
- \[277\] the obligation secured, V, 200.
- \[278\] title theory of, V, 200.
- \[279\] transfer of mortgage, V, 200.
- \[280\] under early common law, V, 200.
- \[281\] what properly can be mortgaged, V, 200.
- \[282\] foreclosure of, V, 200.
- \[283\] by entry and writ of entry, V, 200.
- \[284\] deficiency decrees in foreclosures, V, 200.
- \[285\] effect of mortgage-providing for attorney's fees, V, 200.
- \[286\] equitable proceedings for sale of mortgageal property, V, 201.
- \[287\] mortgage with power of sale, V, 200.
- \[288\] parties entitled to foreclosure, V, 200.
- \[289\] sale under trust dwell, V, 200.
- \[280\] strict foresclosure, V, 200.
- \[281\] when right arises, V, 200.
- \[282\] when right barrel, V, 200.
- \[283\] who should be joined as parties, V, 200.
- \[284\] incidents of mortgage relation, V, 200.
- \[285\] effect of leuse of mortgageal land, after mortgage, V, 201.
- \[286\] thermometer by mortgage and mortgage, V, 200.
- \[287\] mortgage's expenditures to protect monetary, repairs and in provenants, V, 200.
- \[288\] mortgage's expenditures to protect monetary, taxes, V, 200.
- \[289\] mortgage's remedies for injury to property, V, 201.
- \[280\] mortgage's interest, V, 201.
- \[281\] reints and profits, mortgage in possession, V, 201.
- \[282\] reints and profits, mortgage in possession, V, 201.
- \[283\] right to possession of mortgageal property, V, 201.
- \[284\] payment, reclamation and discharge of, V, 201.
- \[285\] amount required to be paid for reclamation, V, 201.
- \[286\] contributions and indememality between parties redesigning, V, 201.
- \[287\] enforcement of attribution and indemality, V, 201.
- \[288\] enforcement of right of reclamation, V, 201.
- \[289\] marshalling securities, V, 200.

GENERAL INDEX

MORTGAGE-- (Continued)

merger of mortgage and equity of redemption, V, 267.

partiles entitled to redesign, V, 263.

payment or tender after default, V, 262.

payment or tender before default, V, 261.

transfer of debt or mortgage, V, 252-61.

effect of in general, V, 252.

effect of transfer upon equities against mortgage, V, 259.

express transfer, V, 256,

liability of mortgage, V, 254,

liability of transferee, V, 253.

record of assignment, V, 200.

transfer of debt without mortgage, V, 256.

transfer of mortgage without debt, V, 258.

transfer of part of debt, V, 257.

transfer of parts of property, V, 254.

transfer of mortgaged property, effect of in general, V, 252.

(See Transfer of Debt on Mortgage.)

MORTGAGE--

interest of, in mortgage, personal property, IV, 5.

MORTGAGOR--

bill to reeden by, in nature of bill of interpleader, V1, 850.

injunction against waste by, V1, 298-9,

right of, to remove tradextures, IV, 387.

MORTMAIN--

enactment of statute of, 1, xxvi,

"MOST FAVORED XATION"--

interpretation of teru in treaties, X, 63.

MOTIER (see Parent)--

decorations of, admissible as to pedigree of illegitimate child, X1,

65.

relation to illegitimate child recognized, 11, 377-8.

right of action for injury to child, 11, 371-2.

right of guardianship of child, 11, 381.

service on, as representative of children invalid if adversely interested, XI, 340.

MOTION--

for verdict of not guilty, III, 257.

defects in form in pleading open on, XI, 253-4.

defects in form open on, under code pleading, XI, 312-3;

for new trial, XI, 371-3 (see New Trial).

- \[195\] M. C. C.

- \[11\] M.

GENERAL INDEX 277

NEGATIVE PREGRANT--

in pleathing, N1, 20030

NEGLOIENCE--

allegations of deformation in action for, N1, 201-2.

burden of proof in case of files, II, 168-9,

"but for" rule, II, 118-9,

concurrent, II, 1223.

in general, II, 122.

active force exerted by both defendant and third person, II, 122.

active force exerted by third person only, II, 1223.

contracts relieving carriers from liability for, invalid, V111, 360-4,

contributory, II, 138-44 (see Contractor Nationale).

defendant liable for immediate though improbible consequences, II,

135-6;

defendant liable for probable consequences of, II, 112-8,

defendant liable for, to persons on adjoining highway, II, 158-9,

defendant not liable for remote consequences of, II, 111.

distinguished from intent and accident, II, 5-6, 107-8,

duty of maker or vendor of chattels, II, 148-58,

in general--early law, 148-9,

knowledge that third person is to use chattel, 149.

articles dangerous to life, 149-50.

articles not dangerous to life, 150-2.

Iability of building contractors to third persons, 152-3,

duty of occupant of premises toward business visitor, II, 161-3,

duty of occupant of premises toward trespassers, II, 158-8

In general no duty owed, II, 153-1,

liability for changing conditions during trespass, II, 154-5,

duty to anticipate presence of trespassers, II, 155-4,

duty toward children, II, 156-8,

duty of owner of premises toward licensee, II, 159-61,

duty toward visitors invited not on business, II, 148-4,

American view, II, 168-4,

English view, II, 169.

effect of plaintiff's illegal conduct, II, 144-8,

in general, II, 144.

purpose of ordinance or statute violated by plaintiff, II,144-9,

plaintiff barred because no duty on part of defendant, II, 117.

Sunday cases in New England, II, 147-8,

in case of children, II, 135.

intervention of non-human forces, II, 110-22,

ordinary laminate forces, II, 119-20.

- \[12\] M. C. C., \_et al.

- \[199\] M. C.

GENERAL INDEX

NEGGITABLE INSTRUMENTS--(Continuel)

execution of by infants, VII, 80.

execution of by insense persons, VII, 80.

fletitious spaces, VII, 88.

formal requisites as to negotibility of, VII, 9.

formal requisites of, VII, 9.

form of endorsement when made payable to order, VII, 77.

forged indorsements, effect of, VII, 90.

genesis of law of, VII, 1.

holder of in due course, VII, 93.

holder must have actual instrument, VII, 94.

holder in due course defined, VII, 101.

how transferred, VII, 6.

inception of, VII, 49-50.

incomplete not intentionally delivered as such, VII, 57-58.

Identification of in notice of dishonor, VII, 144-5.

indorsement by infant, VII, 123.

indorsers' liability, how fixed, VII, 155.

indorser without recourse, non-liability of, VII, 122.

indorsers, order of liability among, VII, 119-120.

illigality, VII, 95.

kinds of endorsement, VII, S0.

liability of influser of bearer instrument, VII, 123.

liability of principal for negotiatable paper intrusted to his agent, 1, 323.

liability of third party to agent on, I, 358-9.

unaker admits capacity of payee to indorse, VII, 123-5.

maker admits existence of payee, VII, 123-4.

methods of transfer of in general, VII, 74.

monal consideration sufficient for, VII, 63.

must be payable to order or bearer, VII, 44.

must order or promise payment of money only, VII, 29.

necessity of consideration for, VII, 59.

negotability of, VII, 3.

negotiability not affected by agreement to pay cost of collection and attorneys' fees, VII, 22.

negotiability not affected by agreement to pay exchange, VII, 23.

negotiation of, VII, 74.

notice of dishonor, VII, 143.

by whom may be given, VII, 146.

e/fect of, VII, 147.

essential requisites of, VII, 145.

## 1 Introduction

The * \[14\]NEGOTIABLE INSTRUMENTS--(Continued) when acceptance of many lie constructe, V11, 68.

- \[15\]NEGOTIABLE INSTRUMENTS LAW-- adoption of, III, 279-6.

- \[16\]NEGOTIATIONS-- merged in executed contracts, XI, 61-2.

- \[17\]NEGRO--acused not entitled to have negro on jury, XI, 130.

- \[18\]methods of excluding from suffrage in some states, XI, 79-80, may be required to occupy separate cars in trains, VIII, 353-4.

- \[19\]NEUTRAL FLAG--exempts goods from capture, X, 85.

- \[20\]NEUTRAL GOODS--not subject to capture though under enemy's flag, X, 85.

- \[21\]NEUTRALITY--armed, defined, X, 65.

- \[22\]definition of, X, 95.

- \[23\]permanent, defined, X, 95.

- \[24\]underlying principle of, X, 95-6.

- \[25\]NEUTRAL STATES (see States).

- \[26\]NEW--meaning of term in connection with patents, IV, 118.

- \[27\]NEW ARTICLE--may be given trade-mark under arbitrary name, IV, 199-4.

- \[28\]NEW ASSIGNMENT--in pleading, XI, 250-2.

- \[29\]NEW HAMISHIRE RULE--of termination of carrier's liability as insurer, VIII, 384.

- \[30\]NEWSPAPER--Inhibity of publisher for II, II, 217-8.

- \[31\]NEWSPAPERS--discussion of pending litigation by, condemned, XI, 392.

- \[32\]privilege of, in reporting occurrences, XI, 250-250, whether use of to notify business customers privileged, II, 238-9.

- \[33\]NEW STATES--additional limitation upon powers of, whether valid, XI, 272-3.

- \[34\] admission of, into Union, XII, 271-2.

- \[35\]recognition of, X, 4-10.

- \[19\] N.

## General Index

**NOTICE--(Continued)**

essential to due process, X11, 113-5.

evidence of prior accidents in dangerous place auhuisslble as showing, XI, 26-7.

for production of writings, XI, 127.

how far essential to taxation, XI1, 120-1.

kind of, required by due process of law, XI1, 124-5,

mulling as method of service on residents, XI, 312-3.

of dissolution of partnership, VIII, 66-7.

of allotment of shares of stock, VIII, 139.

of copyright, IV, 176-7.

of intention to excavate adjacent land, IV, 208.

of registration of trade-marks, IV, 198.

of restrictive agreement as affecting right to specific performance, VI, 197.

of shareholders' meeting, VIII, 169-70.

of stoppage in transitu, III, 397-8.

of termination of tenancy by forfeiture, IV, 398-400,

owner's, of character of animals, II, 180-2.

penalty for false removal of, in case of copyright, IV, 182.

publication of, for presentation of claims against decedent's estate,

VI, 128-9.

to agent as notlce to principal, I, 332-7 (see Agency).

to produce original as foundation for secondary evidence of writings, XI, 83.

when, must be given of facts upon which performance of contract

depends, I, 103.

when necessary to abate nuisance, II, 02-3.

NOTICE TOUIT--

as method of terminating tenancy, IV, 394-7.

when necessary, IV, 394.

service and contents of notice, IV, 394-5.

length of notice, IV, 395-7.

NOVATION--

distinguished from creation of trust, VI, 405.

definition, I, 118.

intention to release debtor, I, 110-20.

obligation must be enforcible, I, 120.

substitution of creditors, I, 120-21.

substitution of parties, I, 119-20.

NOVELITY--

as requisite of invention, IV, 118-9.

NUISANCES--

abatement of by summary process, 1X, 187.

defined, VI, 312-3.

determination of fact by officers, 1X, 185.

doctrine of singeless of recovery, whether applicable, X, 150.

injunction against, VI, 312-25 (see INjunction).

injunction against by several defendants acting independently, VI, 338-9.

private, extent to right to abate 11, 61-2,

private, definition of, II, 59.

public, criminal, III, 193-4.

public, definition of, II, 59.

public distinguished from private, VI, 313.

public, extent of private right to abate, II, 60-1,

public may give rise to private action, II, 59-60.

right to commit breach of the peace in abating, II, 61-2.

right to kill animals constituting, II, 63.

when criminal, IIII, 22-3.

when notice necessary to abate, II, 62-3.

NULLIFICATION--

of willis, VI, 71-2.

NUNCCPATIVE WILS--

what are, how mode, VI, 54-5,

probate of, VI, 96.

OATII--

of defendant in answer may be waived by plaintiff, X1, 283.

of applicants for patents, IV, 136.

of witnesses, XI, 128.

trial by (see Tijala).

OBJECTS--

of taxation, in general, XII, 184.

OOBIJAGATIONS (see Impairment of OBIJAGATIONS of Contracts).

(See Moral OBIJAGATIONS).

(See Voluntary OBIJAGATIONS).

based on agreement, I, 2.

correlative with rights, XIII, 202-4.

ORSCENE CONDUCT--

crininal, III, 23.

ORSCENE LANGUAGE--

common law offensive, III, 193.

held criminal, notwithstanding, absence of statute, III, 15.

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the Appendix.

**Lemma A.1**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.2**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.3**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.4**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$.

GENERAL INDEX

OFFICER--(Continued)

of corporations, duties of to shareholders, VIII, 251.

of corporations entitled to manage corporate business, VIII, 249.

of corporations entitled to resign, VIII, 250-1.

of corporations, liability of for wrongful acts, VIII, 252-3

of corporations, right of to salary, VIII, 250,

of corporations, rule as to duty of, VIII, 248.

of corporations, right of to deal with corporations, VIII, 249-50.

of corporations, subject to removal, VIII, 248-9.

of corporations, theories of relation of, to corporations, VIII, 247-8.

of the law, killing of constitutes murder, III, 169-100.

protection in executing process, officer's possession is the court's, X, 389.

recourse to party whose writ is served, X, 388.

shell of process, X, 386.

remedy for violation of Fourteenth Amendment by, XII, 61-2.

rights and liabilities of in executing process, X, 386-395.

state, basis of liability of, for illegal acts, XII, 373.

state, suits against, XII, 370-2.

what amounts to consent by, to be-robbed, excusing lareny, III, 155;

whether protected by unconstitutional act; XII, 46-7.

OFFICIALS (see Public Officer)--

protected from actions of defunation for statements in official capacities, II, 210-15.

OFFICIAL ACTS--

illegal, suits to prevent, XII, 371-2.

personal liability of officers for when illegal, XII, 370-1.

suits to compel, XII, 372.

OLEOMARGARINE--

prohibition of manufacture and sale of, not unconstitutional, III, 12,

prohibition of sale of in imitation of butter constitutional, XII, 300.

prohibitive taxes upon artificially colored, XII, 256,

sale of, may be forbidden, XII, 156.

whether sale of may be forbidden, XII, 141.

OMISSION--

not sufficient for conversion, II, 66.

when crininal, III, 17-9.

OMNIBUS--

liability for negligence of driver, II, 122.

liability to passenger in, II, 140.

OMNIBUS PROPRIETOR--

liability for interference with business of, II, 271.

## 10.1 Appendix

### 10.2 Appendix

The proof of Theorem 1.1 is given in the following section.

**Lemma 10.3**.: \_Let $\\mathcal{F}$ be a

- \[195\] M. C. C.

- \[1997\] PARTNERRS--(Continued) to contracthabilities, VIII, 51-4: in general, VIII, 51-2, bills and notes, VIII, 52-4, to sell firm property, VIII, 49-51, in general, VIII, 49-50, doctrine of Locke vs. Lewis, VIII, 50-1, to withdraw from partnership, VIII, 65, rights and liabilities of, as to third persons, VIII, 46-61, rights and liabilities of, toward each other, VIII, 34-45. right of contribution of, VIII, 59-60, right of, to accounting and division of profits, VIII, 38-9, right of, to contribution or Indenmity, VIII, 38. right of, to extra compensation for special services, VIII, 37. right of, to have firm property applied to payment of firm debts, VIII, 37-8. right of, to participate in management, VIII, 36, sale of Interest by, not necessarily in writlag, III, 296, secret, VIII, 20. 'silent, VIII, 20, suits in equity between, VIII, 41-2. suits of, by and against third persons, VIII, 60-1, who may be, VIII, 21-4, Infants, VIII, 21-2, married women, VIII, 22-3, lunatties and allens, VIII, 23, other firms and corporations, VIII, 23. PARTNERSHIP--(See Partners.) article on subject, VIII, 1-79. affairs of decedent, winding up of, VI, 118-9. articles of, VIII, 24-5, assets of, how distributed on dissolution, VIII, 67-8, authority of partner to transfer negotiable Instrument, VII, 103, bankruptcy of and distribution of assets, VIII, 69-74. between husband and wffe, II, 343. bibliography of, VIII, 78-9. by what acts created, VIII, 25-8. mutual agency, VIII, 25-6. sharing profits or gross returns, VIII, 26, sharing profits, but not losses, VIII, 27. sharing losses only, VIII, 27-8.

- \[19\] P. A. K. K., _Theoretical Population of Population_, 1970.

- \[199\]PARTNERSHIP--(Continued) analogy of voluntary associations not for profit, VIII, 11-2. not entity at common law, VIII, 12-3. mercantile theory, VIII, 13-4. conclusion, VIII, 14-5. right of married women to carry on, II, 333. status of, under bankruptcy law, VIII, 69. salt against another partnership with common member, VIII, 42. salts of partners by and against third persons, VIII, 60-1. termination of and distribution of assets, VIII, 62-74. tests of, VIII, 1-4. test of profit sharing, VIII, 1-2. test of mutual agency, VIII, 2-3. test of common ownership, VIII, 3-4. conclusion, VIII, 4. transactions of, infant's right to disaffirm, II, 403-4. unincorporated, VIII, 9-10. unprofitableness of business, as ground for dissolution of, VIII, 66. whether insovient while one member solvent, VIII, 74. written agreement not necessary to, VIII, 25. as principals, I, 237. distinguished from corporations, VIII, 105-6. power of corporations to fornu, VIII, 29. PART OWNERS-- sales between, III, 280. PART PERFORMANCE-- as validating oral leases in equity, IV, 287. effect of, on right to specify performance, VI, 189-94. PART-SOVEREIGN STATES-- defined and illustrated, X, 8-9. "PARTY RATE TICKET-- held legal and not unfairly discriminatory, VIII, 334-5. PARTY WALLS-- contribution to expense of, XII, 152: defined, IV, 242. easements of, IV, 242-3. creation of, IV, 243. rights created by, IV, 244. ownership in common of, IV, 243-4. rights of owner of casement in, IV, 244. statutes concerning, IV, 243. Vol. xiv--2v PASSAGE--

- \[19\] P. A. M. (1979). _The Theory of the Theory of the Second Second Edition_. Springer, New York, 1979.

PATENTS--(Continual)

patenting placer claims, V, 358.

petitions for, IV, 129.

previous adjudication of validity as affecting injunction against in

fringement, VI, 327.

prior use of, as affecting injunction against infringement, VI, 327.

procedures for determination of validity of, VI, 326.

procedure in cases of interference in applications for, IV, 137-8

proceedings for issuance of, IV, 127-43.

provision of law regarding assignment of title to, IV, 144.

publicity of documents after issuance of, IV, 143.

regulation of dealings in articles covered by, IV, 151-2.

reissue of, IV, 140.

request of, IV, 140.

requisites for grant of as prescribed by statute, IV, 103.

requisites for grant of, on process, IV, 122-5.

requisites of invention, IV, 117-21 (see Invention).

(See Foreign Patents.)

specifications requisite for issuance of, IV, 129-34.

state statutes relating to assignments of, IV, 150.

suggestions in regard to contracts relating to, IV, 147-9,

things not subject to grant of, IV, 122-5.

what does not constitute invention, IV, 108-12.

who may apply for, IV, 127-8.

PAWNBROKER--

not liable upon implied warranty of title, III, 330-1.

PAYEE--

alternative in negotiable Instruments, VII, 40.

necessary party to negotiable instruments, VII, 37.

successive holders of office as payees of negotiable instruments,

VII, 41.

PAYMENT--

concurrent with delivery of goods in sales, III, 371-2.

effect of default in, on sales fixing payment by installments, III, 378.

effect of on flight to specific performance, VI, 192-3.

In advance may be required by public service corporations, VIII,

304, 338-40.

of rent, IV, 359-61 (see. Rent).

receipt of negotiable instrument as constituting, III, 387-8.

statute of frauds avoided by part, III, 303-4.

**PEACE--**

(See Bills of Peace.)

(See Breach of tile Peace.)

effect of treaty of, X, 93.

PEACEFUL REVOLUTION--

amendment of constitutions by, XII, 14-5.

PEACEMAKER--

killing of, constitutes murder, III, 100.

PEACE WARRANTS--

who may execute, III, 234.

PEDDLER--

subject to state taxation on sale of interstate goods, XII, 202.

PEDIGREB DECLARATIONS--

scope of admissibility in evidence, XI, 63-4.

from whom admissible, XI, 64-5.

regarding pedigree of illegitimates, XI, 65,

must be free from bias, XI, 66.

PEDLE--

merce trespasser on premises entered to sell wares, II, 162.

PENTENTENTIARY--

punishment by imprisonment in as sign of felony, III, 29.

PENSIONS--

constitutuality of pension schemes, IX, 196-197.

supported by taxation, XII, 183.

PEONAGE--

constitutes slavery, XII, S9.

PEOPE--

adoption by, sanction of constitution, XIII, 276-7.

consent of, as basis of government, XIII, 265-73.

identity of, XIII, 244-6.

Imitation of power of, by constitution, XIII, 281-4.

method by which bound in the United States, XIII, 294-5.

object of, in framing constitutions, XIII, 261-2.

of United States defined, XIII, 255.

place of, different in United States from that in England, XIII, 234.

political action in United States taken in name of, XIII, 274-6.

various meanings of term, XIII, 288.

when process should run in name of, XI, 332.

PERCOLATING WATER--

right of owner of land to, IV, 216-9.

right of reasonable use, IV, 217-8.

unreasonable use not illegal in some states, IV, 219.

- \[19\]
  GENERAL INDEX

PERSONAL PROPERTY AND BAILMENTS--(Continued)

distinguished from real property, IV, 3.

effect of change of domlele upon marital property rights in, IX, 323,

exclusive subject of larceny, III, 156-7.

exclusively subject to conversion, II, 67.

execution of a will of, governed by law of domlele at time of death,

1X, 320.

metastatic succession to, governed by law of domlele, IX, 327.

not protected by common law as far as real property, II, 24.

of married women originally tested in husband, II, 324.

of partnership, VIII, 43-4.

pledge of, IV, 72-7 (see Pledge).

power of corporations to acquire, VIII, 208-9,

right to remove from danger, II, 47.

right to use force in defense of, II, 37.

rights of spouses in each other's personal property acquired after

marriage, by what law determined, IX, 322.

rights of spouses in each other's personal property owned at time of

marriage, by what law determined, IX, 320-1,

sales of (see Sales of Personal Property).

specific performance of contracts concerning (see Specific Performance).

title to, by occupancy, IV, 11-5.

tresspass upon, II, 23-5 (see Tresspass upon Personal Property).

PERSONAL REPRESENTATIVE--

accounting of, VI, 141-2,

when due, VI, 141.

partial and final settlements of accounts, VI, 141-2.

appointment of, VI, 97-102.

authority limited to jurisdiction where appointed, VI, 104-5.

title to property within jurisdiction of appointment valid elsewhere.

VI, 105-6.

responsibility of, in what courts enforceable, VI, 106-8.

authority to accept payment of claims of estate, VI, 108-10,

documentary claims, V1, 109-10.

statutory authority of, in foreign jurisdictions, VI, 110;

dutles of, VI, 102-4.

inventory, VI, 102-3,

appraisement, VI, 103.

dutles of, VI, 137-41.

- \[19\]Personal. REPRESENTATIVE--(Continued) regarding priority and payment of claims and legacles, VI, 137-41.

- \[20\]dutles of respecting claims against decedent's estate, VI, 127-82 (see Claims Against Decedents' Estates).

- \[21\]dutles of, VI, 114-21.

- \[22\]to preserve and manage property of estate, VI, 114-5.

- \[23\]permissible investments, VI, 116.

- \[24\]care of funds of estate, VI, 117.

- \[25\]conduct of business of decedent, VI, 117-9.

- \[26\]growing crops, VI, 118.

- \[27\]partnership affairs of decedent, VI, 118-9; payment of taxes, VI, 119-21.

- \[28\]on personal property, VI, 119-20.

- \[29\]on real property, VI, 120-1.

- \[30\]Inheritance taxes, VI, 121.

- \[31\]power of, to sell property of decedent's estate, VI, 121-7.

- \[32\]in case of personal property, VI, 121-4.

- \[33\]terms of sale, VI, 123-4.

- \[34\]in case of real property, VI, 124-7.

- \[35\]testamentary or statutory provision for, requisite, VI, 124.

- \[36\]formalities prerequisite to, VI, 124-5.

- \[37\]conduct and confirmation of sale, VI, 125-6.

- \[38\]incumbrances on property sold, VI, 126.

- \[39\]personal representative not entitled to purchase, VI, 126-7.

- \[40\]purchasers' rights under fraudulent sale, VI, 127.

- \[41\] reimbursement and compensation of, VI, 132-7.

- \[42\]expenses of administration, VI, 132-3.

- \[43\] counsel fees, VI, 133-4.

- \[44\]expenses of litigation, VI, 134-5.

- \[45\]expenses for help and facilitates in administration, VI, 135.

- \[46\]compensation of, VI, 135-7.

- \[47\]amount of, VI, 130.

- \[48\]allowance for professional services, VI, 130-7.

- \[49\]responsibility of, after final distribution and discharge, VI, 142-3.

- \[50\]title of, VI, 110-4.

- \[51\]when vested in case of personal property, VI, 110-1.

- \[52\]when vested in case of real property, VI, 111-2.

- \[53\]right to rets and profits of real property, VI, 112.

- \[54\]when vested, to claims in favor of estate, VI, 112-3.

- \[55\]nature of, VI, 118-4.

- \[19\] F.

- \[14\]

## Appendix B Appendix

### B Appendix

The BRA-based algorithm is a simple algorithm for the computation of the number of nodes in the network. The algorithm is a simple algorithm for the computation of the number of nodes in the network. The algorithm is a simple algorithm for the computation of the number of nodes in the network.

- \[19\]Polling--the Jurors, III, 267.

- \[20\]POLL Tax--not dependent on income of person taxed, XII, 106.

- \[21\]POLUTION OF ATMOSHERE (see ATMOSHERE).

- \[22\]POOLS--status of, under the law, VIII, 195-7.

- \[23\]PORT (see COLLECTOR of the PORT).

- \[24\]PORTO Rico--annexation of, XIII, 331.

- \[25\]status of, XII, 264.

- \[26\]whether birth in, confers federal citizenship, XII, 69.

- \[27\]POSESSION (see Adverse Possession).

- \[28\]as affecting right to cancellation of invalid deed, VI, 350-2, by seller, as affecting seller's lien, III, 389-91.

- \[29\]delivery of, essential for valid sale against third party, III, 388, delivery of, to plaintiff in action of replenvin, XI, 205-7.

- \[30\]detention of, as conversion, II, 75-6 (see Conversion).

- \[31\]effect of failure to take, under lease, on rent, IV, 354.

- \[32\]effect of, on right to specific performance, VI, 190-2.

- \[33\]Infury to, gives ballee action for damage to balleed property, IV, 85-6.

- \[34\]landford not bound to secure for tenant, IV, 203.

- \[35\]necessity of action for, to terminate tenancy, IV, 383-4.

- \[36\]of parties as validating sales of future property, III, 311-2.

- \[37\]prior, as element in right to property found, IV, 92-6.

- \[38\]requisite for action of trespass, XI, 195-6.

- \[39\]requisite for conversion, II, 65-6.

- \[40\]reservation of right of, as affecting sales, III, 352-62 (see SALES OF PERSONAL Property).

- \[41\]subject of personal actions, IV, 10.

- \[42\]sufficiency of allegation of, in action of trespass, XI, 197-S.

- \[43\]walver of lien by surrender of, IV, 65-71.

- \[44\]POSESSORYACTIONS--what are, rule explained, IV, 10.

- \[45\]POSTAL CLERK--destruction of letters by, held lareeny, III, 185.

- \[46\]POSTAL POWERS--scope of, XII, 320-1.

- \[47\]POSTHUMOUS CHILDREN--intestate succession of, VI, 25.

- \[190\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[191\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[192\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[193\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[194\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[195\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[196\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[197\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[198\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

- \[199\] P. B. K. _et al._, _The Astrophysical Journal_, 341, 36:41-43, 1993.

## General Index

- \[19\]

## General Index

PROCEEDINGS QUASI IN REM--

object of, XI, 847-8.

selzure before judgment, necessity to jurisdiction of defendants

property, XI, 348-9,

essential nature of proceeding, XI, 349-50.

attachment of claim due non-resident creditor, XI, 350.

foreclosure of mortgages in equity, XI, 351.

PROCESS--

(See Due Process of Law.)

(See Jubicial Process.)

(See Conflict of Laws.)

(See Attachments, Garnissiments and Execution.)

actual service of, under modern practice, XI, 336.

compulsory, for witnesses, III, 252.

essentials of jurisdiction without service of. in state, XI, 345.

forms of service of, upon residents, XI, 334-5.

malicious abuse of, actionable, II, 254-5,

node of serving, on corporation, IX, 341-3.

mode of serving on domiciled defendant who is temporarily absent.

IX, 338-40.

mode of serving, on party domiciled in state, IX, 338,

officer's return of service of, XI, 333-4.

practically synonymous with "art" as used in patent law, IV, 103.

prager for, in bill in equity, XI, 278.

requisites for patent of, IV, 123-5.

service of, how effected, XI, 112-3,

service of, as means of acquiring jurisdiction of defendant, XI, 329-80.

service of, beyond limits of jurisdiction, invalid, XI, 337-9.

service of, in proceedings in rem and quasi in rem, XI, 352-4.

by publication, XI. 352.

by delivering copy of bill and notice, XI, 352-8.

by serving agent of non-resident within state, XI, 353-4.

service of, on non-resident while in jurisdiction, valid, XI, 336-7.

service of, upon non-residents, XI, 344-51.

served on non-domiciled absent defendant, void, IX, 340.

testing sufficiency of service of, XI, 354-6.

motion to quash, XI, 354.

plea in abatement, XI, 354-5.

vacation of default proceedings, XI, 355-6.

- (Continued) during term when judgment entered, X1, 355. after expiration of term, X1, 355-6. when should run in name of people, XI, 385.

- (PRODUCT-- synonymous with manufacture as used in patent act, IV, 106. PROFANITY--common law offense, III, 193. PROFESSION--validity of retroactive qualifications for when ex post facto, XI1, 96-9. words disparaging in, actionable per se, II, 196. PROFITS--accounting for, as incidental to injunction against infringement of patents, VI, 331-2. right of partners to division of, VIII, 38-9. PROFIT SHARING--as test of partnership, VIII, 1-2. as act of partnership, VIII, 26-7. PROFITS A PRENDRE--termination of by union of dominant and servient tenements, IV, 227. defined, IV, 223-4. rlight to hunt and fish, IV, 224. rlights of pasture, IV, 224. duration of, IV, 224-5. profits appurtenant, IV, 225. profits in gross, IV, 225-6. methods of creating, IV, 226. termination of, IV, 226-S. PROFITS APURTENANT (see Profits a Presndre). PROFITS IN GROSS (see Profits a Prendre). PROFRESSIVE TAXATION (see Institute Taxes, income Tax, Taxation). PROHIBITION (see Extraordinary Remedies)--(See Liquon) (See Constitutional Prohittiosa.) of liquor business, not denial of due process of law, III, 12. of manufacture or sale of liquor constitutional, XII, 142. PROMISE--distinguished from representation, II, 82.

- \[34\]\[

## 1 Introduction

The

GENERAL INDEX 325

PUBLIO OFFICER--(Continued) administrative control, IX, 175-6,

direction of officers, IX, 173-6,

not available in certain cases, IX, 173,

right of appeal, IX, 176.

use of mandanus, IX, 174.

administrative law, IX, 90-2,

administrative regulation, IX, 105-73.

health, IX, 166-7,

plottage, IX, 165-6,

regulations conditioning statutory rights, IX, 170-2,

discretionary duty, IX, 171-2,

ministerial duty, IX, 170-1,

regulations must be in accord with law, IX, 172-3,

supplementary penal legislation, IX, 168-9,

use of records, IX, 167-8.

article on subject, IX, 60-206,

authority and powers, IX, 150-62,

authority, whence derived, IX, 150-1,

delegation of official power, IX, 161-2,

implied powers, IX, 152.

jurisdiction, IX, 153-9,

as to subject matter, IX, 155-8,

abuse of discretion in determining, IX, 157.

disqualification to determine on account of interest, IX, 157-8.

power to determine, IX, 155-6,

how affected by mandatory and directory statutes, IX, 158-9,

of person, IX, 154-5,

territorial, IX, 153-4,

powers after expiration of term, IX, 153,

presumption of lawful official action, IX, 159-60,

ratification of official action, IX, 160-1.

statutory and common law powers, IX, 152.

civil pensions, IX, 196-7.

de facto officers, IX, 128-92,

acquelessence and reputation, IX, 129-20,

color of title, IX, 130.

no officer de facto without an office de jure, IX, 131-2,

possession, IX, 130-1.

rights and duties, IX, 132.

validity of acts, IX, 128-9,

## Chapter 1 Introduction

The study of the role of the _local_ constraints on the _local_ constraints
GENERAL INDEX

PUBLIC WAYS--

rights when few is in shutting owners, IV, 235-6,

rights when few is in state, IV, 236,

what are legitimate street uses, IV, 236-7,

some interference with user of public legitimate, IV, 237,

dedication, IV, 237-8,

PUBLISHER--

right of, to control price of books published by, VI, 209-10,

right of, to control use of copyright or plates, VI, 210-1,

right of, to enforce agreement for exclusive use of plates, VI, 212,

liability of, for libal against United States government, III, 4-5,

non-trading partnership, VIII, 48-9,

partners in business liable for negligence of each other, V11, 56-7,

"PUFLING" (see Deetit)--

held not criminul, III, 180-1,

not misrepresentation warranting rescission, VI, 278-9,

"PULL" (see Raid).

PUBLISHMENT (see Corporal Punishment)--

(See CRED and Unusual Punishment.)

cruel and unnsual forms of, contrary to American law, III, 8-10,

mitigation of valid though ev post fketo, XII, 63, 94-5,

of offenders against laws of war, X, 91.

present liability to, not essential to words inputting crime, III, 197,

PUBLISHASE (see Conrady of Purchase)--

asquisition of title to territory by, XIII, 315,

option of, in lease, IV, 303-4,

when exercised, IV, 304.

PUBLISHER--

liability of fraudulent, after rescission of sale, III, 73,

when fraudulent sale can be rescindel, III, 73,

rights of, as against landlord's lien for rent, IV, 266-8,

validity against tenant's creditors, IV, 366,

rights of, in trust property, VI, 375-81,

rights against innocent purchaser for value, VI, 375,

(See Trusts and Trustees.)

PUBLISHASE AGENTS--

indental authority of, I, 315,

PURE CORPORATIONS--

what are, VIII, 112,

PURE FOOD LAWS--

legislation concerniq, XII, 303,

PURE PLEA--

in equity, defined, XI, 286,

Yel, 277-82 * QUALITY--

Implied warrantles of, in sales, III, 382-40 (see Sales of Personal Property).

- QUALIFIED DETECTION--

not sufficient for conversion, 11, 75-6.

- QUANTITY--

effect of delivery of wrong, in sales, III, 374-6.

- QUARANTINE--

of dower, VI, 20,

QUARTER--

to combatants, X, 73-4.

- QUANTETING SOLDIERS (see Soldiers).
- QUARRY--

obstruction of stream by refuse from, held nuisance, III, 193-4.

- QUASH (see Motion to Quasi).
- QUASI CONTracts--

agent may sue third party in, I, 361-2.

analogy between quasi contract and constructive trusts, I, 174.

article on subject, I, 160-299.

benefits conferred at request of third party, I, 206.

benefits conferred under mistake of fact, I, 212-215,

benefits conferred under mistake of law, I, 210-12.

contribution between co-contractors, I, 203.

cost of preserving property, I, 205-6,

contribution to enjoin wrong doors, I, 201-3,

conversion without subsequent sule, I, 175-8.

default inexcusualie, but not willful, I, 176-8,

defendant able to blend statute of frauds, I, 224.

defendant in default under contract, I, 221-20.

definition of, I, 165.

defendant willfully or inexcususly in default, I, 221-23.

distinguished from contracts, I, 4.

distinguished from true contracts, I, 183-4.

effect of surviving tort, I, 176-7.

election of remedies between tort, and assumption, I, 189-90.

extension of, by Lord Mansfield, I, 162-3,

father's liability for child's necessitates, I, 229.

historical connection of, with forms of pleading, I, 160-2,

husband's liability for wife's necessurles, I, 228.

includes contracts implied in law, I, 163,

Infant's liability for necessarles, I, 227.

## General Index

**RAILROAD--** (Continued)

degree of care required in transportation of passengers, VIII, 321-2: discrimination in rates charged by, VIII, 329-32 (see Public Service Corporations).

duty of, to keep stations open, VIII, 351-2.

duty of, to operate trains in reasonable conformity with time table, VIII, 311.

duty to adopt precautions, XII, 152.

enforcement of contract of, to run cars to ferrles and trains, VI, 215-6 how far subject to state regulation in service and other matters, XII, 207.

induction against occupation of street without consent of abutting owners, VI, 310-1.

induction of prosecution of more than one similar suit against, VI, 341-2.

Joint suit against encroachment on premises of various plaintiffs, VI, 335.

liability for injury caused by locomotive, II, 134.

liability of for injury in collsion, II, 128-9.

liability for fire caused by locomotive, II, 111-2, 127, 137-9, 168.

liability of to perform contract to maintain station, VI, 216.

liability of for injury to bridge in switching, II, 133.

liability under contract for various erectons, VI, 217-8.

liability for fire from locomotves, XII, 152.

liability for injury to servants due to insufficient number of brakemen, I, 271.

ficense to public to enter premises of, IV, 254.

mandamus against, to compel transportation of freight, VIII, 224.

may eject passenger refusing to pay extra cash fare VIII, 304.

may not deny service on ground of color, VIII, 298.

nature of right of way of, IV, 238-9.

not legitimate street use, IV, 237.

private action for fraudulent abstraction of money from ticket office,

111, 31-2.

presumption of guilt of injuring baggage in certain cases, XI, 147-8.

rates of, how far subject to state regulation, XII, 295-7.

responsibility of, for goods in possession of connecting railroad, VIII, 385-6.

right of, to make extra charge for fare paid on train, VIII, 352-8.

right of, to provide separate cars for colored passengers, VIII, 353-4.

right to expedite transportation of goods needed by public, VIII, 317.

- \[19\] R. A. R.

GENERAL INDEX

REAL ESTATE--(Continued)

acquisition of interest in, by prescription, V, 215-24.

adverse holding of, after unlawfully taking possession, V, 200.

adverse holding, after tenant has lawfully taken possession, V, 200.

adverse possession, wrongful intent of, V. 205.

adverse possession of, against future interests, V, 207.

adverse possession, constructive, V, 208.

adverse possession, interruption of, V. 208.

adverse possession, notoriely, V. 209.

adverse possession, conflicting holdings and tackling, V, 210.

adverse possession, effect of disabilities, V, 211.

adverse possession, tackling, V, 212-215.

adverse possession, after licensee's taking possession lawfully, V, 205.

adverse possession by one where others claim under same instrument, V, 206.

appurenances, water rights, V, 404.

assessment of, by administrative bodies, IX, 182.

capacity of person to devise, governed by law of slus, IX, 333,

classification of future interests in arising under statute of uses and of wills, V, 104.

contingent future interests, how transferred, V, 70.

contingent interests in, explained, V, 92.

contingent reminders in, destructibility of, V, 99.

covenants of title to; against incumbrances, V, 155.

broken covenants, whether run with land, V, 157.

burden of, V. 158.

estopped by decd, V. 159-61.

further assurance, V, 155.

how far run with land, V, 156.

quiet enjoyment, V, 155.

right to convey, V. 155.

selisin, V, 155.

warranty, V. 155.

whether run with land when grantor had no title, V, 157.

creation of future estates in, V, 92-105.

creation of future estates in, feudal objections to, V, 97.

dedication of, V, 190-5.

acceptance of dedication, V, 195.

act of dedication, V, 192.

lapse of time, effect of, upon dedication, V, 196,

what may be dedicated, V, 190.

## Appendix A General Index

### 1.1.1 General Index

The _L_-band (_L_-band) (_L_-band

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REAL RIGHTS--

what are, X111, 190-2,

REALITY--

adaptability of articles to, as test of mixtures, IV, 377-S.

REASONABLE BELTE--

when essential to defense of privilege in actions of defamation, II, 222-S.

REASONABLE DOUBT--

interpretation of, in connection with criminal prosecution, III, 258-9,

sufficient for allowance of interpleuler, V1, 258-9.

REASONABLE PRICE--

determination of, III, 319.

REBUTTER--

in pleeding, where used, XI, 161.

RECEIVEER (see Bankruptcy)--

of partnership, VIII, 41.

RECEIVING STOLEN GOODS (see Criminal Law).

RECEIPT--

as taking sales out of statute of fruits, III, 301-3.

tenant entitled to demand, for payment of rent, IV, 360.

RECEIITS (see Warehouse Receivers).

RECEITALS--

instead of allegations, defect in form in pleading, XI, 242-3.

RECOGNITION--

of belligerey, X, 10-11.

of new states, X, 9-10.

RECOILLECTION (see-Refreshing Recollection, Supplementing Recollection).

RECORD--

entering and amending record of judgment, X, 320,

for appeal in criminal cases, III, 271-2.

of judgment, American practice, X, 317-S.

of judgment, English practice, X, 315.

of Justice Court, X, 320.

of lower court presented for consideration on review, XI, 377-S.

RECORDS (see Public Records)--

of meetings of corporations, VIII, 172.

RECOIDING ACTS--

effect of on chattel mortages, V, 287,

mining claims, Roles, V, 321.

RECORDING--

of deed as notice of restrictive agreement, VI, 106.

## Chapter General Index

1.1 The $lpha$-ray ($lpha$-ray) ($lpha$-ray

**REGULATION OF COMMERCE--** (Continued)

reasonable toll for use of improvements valid, XI, 258.

state discrimination against literature or foreign commerce invalid, XII, 259-50.

state duties on imports prohibited, XII, 274-5.

state regulations affecting literature commerce indirectly valid, XII, 301.

state taxes indirectly affecting literature commerce valid, XII, 205.

state taxation as condition of engaging in interstate commerce invalid, XII, 299-5.

state taxes upon property engaged in interstate commerce constituum, XI, 299.

state taxes upon intersite transportation-inventol, XII, 200-I,

state taxes upon sales in state constitutional, XII, 201-2.

taxation of franchise by states and prohibited, XII, 208-5.

transit across state line essential to interstate commerce, XII, 287.

transportation how far subject to regulation by states, XII,295-7,807.

regulations not hampering interstate commerce, XII, 297.

whether federal power of exclusive, XII, 287-9.

REHEARING--

petition for, XII, 278.

REISSUE--

of patent, IV, 130.

REJOINDEX--

In pleading, when used, XI, 161.

RELATIONS (see DUBOmatic Relations)--

(See DUBOmatic Relations and Persons.)

RELOCATION (see MISHIN Law).

RELATIVE RIGHTS (see RIGHTS).

defined, I, 2.

RELATIVE--

as gardian, II, 38)

investate succession of, VI, 20-7.

instance of criminal liability for transport of, III, 18.

RELEASE OF CONTRACTS--

effect of covenant not to suit, 1, 115-16.

under seaI, 115.

RELEYANCE (see Footnote).

RELANCE--

on nusirepresentations of defendant essential to action for rescission VI, 277.\*

on representations necessary for deceit, II, 90-1.

- \[19\]

- \[19\]**REPLEVIN (see Execution)--**

action of, IV: 7-8,

action to recover personal property, XI, 194.

as remedy for confusion of property of different owners, IV, 34-5.

pleathings in action of, XI, 205-11.

preliminary delivery of possession of chattel to plaintiff, XI, 205-7.

declaration, XI, 207.

defeudant's pleathings, XI, 207-11.

comment thereon, XI, 208-10.

avowry and cognizance, XI, 210-1.

further pleathings, XI, 211.

remedy for converslon in some cases, I1, 80-80a,

REPLICATION--

defined and illustrated, XI, 162-3.

In equity, XI, 286.

REPLICATION DE INJURA, XI, 240-2.

nature of pleading, XI, 240.

limitations upon use, XI, 240-2.

REPLY--

in code pleading, XI, 312.

REPORTS--

fair, of public proceedings privileged, II, 223-30.

REQUISITIONS--

from enemy in war, X, 82-3.

REPRESENTATION (see Decite).

REPRESENTATIVE THEORY--

of corporations, VIII, 84-5.

REPIRIVE--

by executive in criminal cases, III, 273.

judclan, III, 289-71.

REPIRISALS--

defined, X, 67.

REPIGNANCY--

of allegations to be avoided in answer to III, XI, 284.

REPUTATION--

as evidence (see Evidence).

as evidence of character, XI, 30-2.

REPULICAN FORM OF GOVERNMENT--

guaranteed to states, XIII, 285-6.

of United States described, XII, 279-81.

guaranteed to states, XII, 88.

REPUDIATION--

of state debts, XII, 360-7.

REPUTATION--

right of, I1, 100.

RBSALE--

by seller, III, 398-400.

RESCISSION--

as affected by acquiescence or ratification, VI, 281:2.

by mutual agreement, I, 114.

damage from misrepresentation not essential for, VI, 279.

dependent relative rescission, I, 115.

for concealment of material facts, VI, 271-5.

where plaintiff under disability, VI, 271-2.

where parties on equality, VI, 272-5.

for fraud, basis of, VI, 265-d.

for fraud, whether defeated by adequate remedy at law, VI, 266-7.

for duress, VI, 282-5 (see duress).

granted for fraud, against subsequent transferees. VI, 267-8.

illegality as ground for, VI, 287-0,

distinction between executory and executed transactions VI, 287

comparison with law of quasi contracts, VI, 288,

ultra vires contracts of corporations, VI, 289.

in case of undue Influence, VI, 285-6.

nature of fraud justifying, VI, 268-9.

necessity of, to remedy fraudulent conveyance of reality, VI, 283-4.

not applicable to frauduleut conveyance of personal property, VI, 264-5.

not ordinarily granted for mistake of one party only, VI, 250.

of contract or sale. III, 405.

of contract of sale may be oral, III, 307.

of contract for mistake as to subject-matter, VI, 243-5.

of document executed under unilateral mistake of law, VI, 285-6.

of sale by buyer for breach of warranty, III, 411-12.

of sale by seller, III, 401.

"putfling" not ground for, VI, 278-9.

rescission for default. I, 115.

requires action by plaintiff in reliance on defendants' representations, VI, 277-8.

restitution by plaintiff essential for, VI, 279-81.

whether allowed for innocent misrepresentation, VI, 275-7.

whether allowed for mistake in title to real property, VI, 247-8.

RESCISSION--(Continued)

whether allowed for mistake in amount of land conveyed, VI, 246-7,

whether justified by inadequacy of consideration, VI, 269-71.

RESCUE--

crline of, III, 1906-7.

RESGESTAE, XI, 73-6.

declarations forming part of transaction in issue, XI, 73-4,

exicamations and statements accompanying acts, XI, 74-6,

when made too late, XI, 75-6.

RESCHBLANCE--

degree of sufficient to bar registration of trade-mark, IV, 191.

RESCIVED POWERS OF STATES (see states).

RESCIVE--

liability of owner for, I1, 182-4.

RESCIDENTS--

forn of service of process upon, XI, 334-5,

substituted service on, XI, 339-40.

substituted service on by publication and mailing notice, XI, 342-3.

RESCINATION--

of officers of corporations, VIII, 250-1.

RESCITUTION--

preferred to forfeiture as remedy for confusion of property, IV, 31-2.

RESCINATION on alienation (see History of Real Property Law).

RESCIRANT OF TRADE--

(See Contracts in Restraint of Trade.)

(See Combinations in Restraint of Trade.)

RESCIRANT ON ANTICIPATION--

on right of married woman, II, 336.

RESCINATION ON ALIENATION--

rules against, V, 130-136.

RESCIRCTION--

on building (see Building Restrictions).

upon transfer of lenses (see Lease).

RESTRICIVE agreements--

(See Specific Performance.)

specific performance of, VI, 195-213.

In favor of vendor against verdee, VI, 195-6.

In favor of vendor against verdee's assignees, VI, 196-9.

In favor of assignees of vendor, VI, 199-201.

denled where agreement not intended to benefit land, VI, 200-1.

GENERAL INDEX

**RESTRICIVE AGREEMENTS--**(Continued)

circumstances affecting interpretation of agreements, VI, 201-2.

respecting after acquired land, VI, 202-3.

as affected by changed circumstances of neighborhood, VI, 204.

agreements of positive character not enforced against assignees,

VI, 204-5.

agreements not enforced when contrary to public policy, VI,

205-6.

agreements enforced when made for benefit of business, VI, 206,

regurling sale and use of patented articles, VI, 206-9,

regarding sale of copyrighted articles, V1, 206-10.

regarding use of copyright or plates for printing,"VI, 210-1.

regarding sale of proprietary medicines, VI, 211-2.

regarding ordinary chattels, VI, 212-3.

RETALIATORY LAWS--

against foreign corporations, VIII, 238.

RETROACTIVE LAWS--

when incousistent with due process of law, XII, 153-5.

RETORISION--

defined, X. 66,

RETURN--

of property after conversion not excuse, II, 80,

of property to owner, duty of finder, IV, 88.

of service of process, XI, 333-4.

to writ of habeas corpus, III, 241.

RETURN DAY--

of summons, XI, 333.

RESULTING TRUSTS (see T Crusts and Trustees)--

arises if gift in trust for certain purposes, VI, 429-31.

arising where trust created does not exhaust property, VI, 427-31.

arising where intended trust is ineffectual, VI, 424-27.

certain resulting trusts really constructive trusts, VI, 425-27.

does not arise if devise of property is subject to payment of certain sums, VI, 428.

REVENUE COLECTOR--

property of, subject to seizure for debt to government, XII, 116.

REVENUE STAMP--

sometimes requisite for lease, IV, 285.

REVERSION--

effect of transfer of, on right to rent, IV, 351-2.

right of owner of, to enjoin nuisances, VI, 321.

**GENERAL INDEX**

**RIGHT (see Petiton or Ront)--(Continued)**

distinguished from law, X111, 35,

in rem and in personan, IV, 1-3,

of assemblage and petition guaranteed by Congress, X11, 84,

of reputation, II, 190.

of persons according to Blackstone defined, X111, 153:5.

of things according to Blackstone defined, X111, 154,

of visit and search in time of war, X, 106.

relative In all cases, not absolute, X111, 206:10.

secured, not surrendered by creation of government, X111, 212:5.

treatment of subject by Lord Irie, XIII, 170-1.

to bear arms guaranteed by the constitution, X11, 84-5,

various denominations of real and personal, X111, 192-6.

John Austin's presentation, X111, 1944.

RIGHT OF APPROACH--

defined, X, 68.

RIGHT OR RE-ENTRY--

application of rule against perpetuities to, V, 129,

RIGHT OF WAY--

of railroad, IV, 238-6.

RIGHTS IN LAND OF ANOTHER--

article on subject, IV, 203-65.

scope of article, IV, 203-4.

RIGHTS IN PERSONA--

defined, 1, xiv.

in land, IV, 258-65.

RIGHTS IN REM--

defined, I, xiv.

ROT--

crime of, III, 187.

RIPARIAN OWNER--

right to prevent pollution of water, V1, 317.

RISK--

of loss of property under sale, III, 360-2.

under contracts of purchase of land, VI, 184-6.

at law on vendor, VI, 184.

in equity on vendee, VI, 184-6.

RIVERS--

jurisdiction and control of, X, 31-2.

as boundaries between states. X, 28:9.

ROADS (see Public Ways).

- \[196\] RORBERY--defined, III, 166, elements of, III, 166-S, the felonotus taking, III, 166-7, force and fear, III, 167-8, robberg from the presence, III, 168-9, ROMAN LAW--corporations under, VIII, 89-91, 94, influence of, I, xvill, xxxvill-xxx1x. ROMANS--Influence of nylon English law, I, xix-xx, ROMAN THEORY OF GOVERNMENT (see Government). ROUT--crlme of, III, 186-7. ROUTE--Ihability of carrier for loss caused by deviation from agreed, VIII, 381. ROYALTIES--a form of rent, IV, 346. ROLE AGAINST PERPENTITIES--corollaries to, V, 124, gifts to classes, application of rule to, V, 125, historical reasons for, V, 123, rights of re-entry, application of rule to, V, 129, statement of rule, V, 121, violations of illustrated, V, 124. RULES OF EVUDENCE--prlma fade, XII, 157. SAFETY (see Public Safety). SALOR--command by superior, defense to criminal prosecution, III, 54, compulsory performance of contract of service not slavery, XI1, 87-8, SALORs--taxation for tensions of, XII, 183, power to make municipality wells, V1, 55. SALES--(See Saiser Act.) (See Saiser Personal Property.) chattel mortange distinguished from sale with right to repurchase, V, 277. chattel, mortgagor's right to sell, V, 291. conversion by, excused in emergencies, II, 79a-80, General Index

8ALES--(Continued)

distinguished from baliment, IV, 26-7.

distinction between, and contract to sell, X, 184.

law of status determines validity of contract as against interest of third parties, IX, 312.

measure of damages for vendee's failure to pay purchase price of personal property, X, 185.

measure of damages for vendor's breach of warranty of personal property, X, 185.

of property of another as conversion, II, 71.

of property of decedents' states, VI, 121-7 (see Personal Representative).

rights of trustee in bankruptcy in, conditional, X, 265.

termination of tenure by, IV, 397-8.

under distress for rent, IV, 365-6.

under execution (see Execution Sale).

validity of contract, by what law determined as to parties to, IX, 311.

wurranty of quality not ordinarily attached to, XI, 90-1.

SALES ACT--

(See Sales.)

action for converting or detailing goods, III, 406.

action for failing to deliver goods, III, 406-7.

adoption of by various states, III, 276-6.

breach of warranty by seller, III, 408-9.

definition of unpaid seller in, III, 386.

effect of violation of provision for writing in, III, 298.

includes choses in action as subjects of sale, III, 205-6.

interest and special damages, III, 412.

price fixed by, as limit of oral sales, III, 296-8.

provides buyer not bound to return goods wrongly delivered, III, 383-I.

provision defining acceptance by buyer, III, 381-2.

provision for concurrence of delivery and payment, III, 371-2.

provision for implied warrantes in sale by sample, III, 389-40.

provision for sale by auction, III, 359-60.

provision for sale of future goods, III, 314.

provision regarding action for price, III, 402-3.

provision regarding buyer's liability for failing to accept delivery.

III, 384-5.

- **SALES ACT--** (Continued) provision regarding buyer's right to examine goods, III, 380. provisions regarding creditors' rights against soil goods in seller's possession, III, 367. provision regarding delivery by instaliments, III, 376-7. provision regarding delivery of wrong quantity, III, 374-6. provision regarding delivery to carrier on behalf of buyer, III, 378-9. provision regarding effect of acceptance on action for damages, III, 382-3. provision regarding implied warranites of quality, III, 384. provision regarding implied warranites of title, III, 385. provision regarding implied warranites in sale by description, III, 381. provision regarding place, time, and manner of delivery, III, 372-4 provision regarding price of goods sold, III, 318-9. provision regarding rescission by seller, III, 401. provision regarding remedles of unpaid seller, III, 388. provision regarding resale by seller, III, 298-9. provision regarding sale by seller in possession of goods sold, III, 205-4, provision regarding sale by seller with voldable title, III, 3645. provision that seller must deliver and buyer accept goods, III, 371. provisions in, regarding conditions and warranites, III, 321, 323-4, provisions regarding the destruction of goods, III, 310-8. provisions in, for reservation of rights in goods sold, III, 352-3. provisions regarding risk of loss, III, 390. provisions regarding sales by persons not owners, III, 362. provisions regarding stoppage in transit, III, 391-4, 396-8. provisions regarding unpaid seller's Item, III, 389-61. renders certain documents of title negotiable, III, 370. requires goods be ascertained, for valid sale, III, 341-2. resclassion of contract or sale, III, 405. rules of, for ascertaining intention in cases of sales, III, 342-4. sale of fungible goods under, III, 315-6. sales of undivided shares of goods under, III, 314-5. sellers' action for damages for nonacceptance of goods, III, 404-5. writing required by, in certain cases, III, 286-7.
- **SALES OF PERSONAL PROPERT--**

(See Saters.)

actions for herein of contract, III, 405-12. seller, resclassics.of, III, 402-5.

General Index

359

Sales of Personal PROPERTY--(Continued)

action for price, III, 402-4.

provision of Sules Act, III, 402-3.

illustration of, III, 403-4.

action for damages for non-acceptance of goods, III, 404-5,

resession of contract or sale, III, 405,

buyer, remedies of, III, 406-12.

action for converting or detuning goods, III, 406,

action for failing to deliver goods, III, 406-7,

specific performance, III, 407-8.

remedies for breach of warranty, III, 408-12.

provisions of Sules Act, III, 408-9.

option to reject or rely on warranty, III, 409-11.

after receipt of goods, III, 411-2.

interest and special damages, III, 412,

article on subject, III, 275-412.

formalities of, III, 285-308.

form of contract or sale, III, 285.

conditions and warranties, III, 321-40,

conditions precedent in contracts of sale, III, 278-9.

conditions subsequent, III, 279-80.

broken condition may be treated as warranty, III, 822-4.

distinguished from each other, III, 321-2.

sale upon a contingency, III, 524-8.

construction of various contingencies, III, 326-8,

scope of conditions or warranty, III, 324.

warranties against visible defects not binding, III, 324-6,

contract, formation of, III, 277-84.

capacity to make sales, III, 280-2.

unrried women, III, 281.

Infants, III, 281-2,

insane persons, III, 282.

drunkards, III, 282.

liability for necessarles, III, 282-4.

what are necessarles, III, 283-4.

necessity of written contracts in certain cases, III, 285-308.

provisions of statute of frauds, III, 285-6.

provisions of Sales Act, III, 286-7.

contracts to sell included within the statute of frauds, III,

287-8.

contracts for work and labor not within statute of frauds,

III, 288-92.

- \[11\] J.-P. Bouchaud, J.-P. Bouchaud, J.

- \[19\] S. A. K.

GENERAL INDEX

SALVATION ARMY--

held not liable for provoking breach of peace, by parriding, II, 106, not liable for breach of peace caused by peaceful parade, 111, 22.

SAMPLE--

Implied warranty In sale by, III, 382.

warranties of quality in sale by, III, 388-40.

SATISFACTION--

of judgment as affecting little to property, IV, 39-41.

SAVINGS BANKS (see Bansk).

SAWMILL--

then of owner of for charges, on goods left in possession, IV, 55.

SCANDA--

in bill in equity objected to by notion, XI, 294.

SCIENCE--

application of methods of, to law, XIII, 21-2.

SCIENTIFIC SYSTEM--

of study of law (see law).

SCIRE FACIAS--

as remedy against abuse of corporate authority, VIII, 222.

SCOPE OF BUSINESS--

of partnership, VIII, 46-7.

SEAL--

effect of abolition by statute, I, 61.

"ssentials of, I, 59.

gift by deed under, IV, 48-9.

not necessary in wills, VI, 60.

of corporations, VIII, 213.

SEALED INSTRUMENTS--

liability of third party to agent on, I, 358-9.

power of partners to blind firm by, VIII, 53-4.

SEALED VERDICT--

in criminal trials, III, 267.

SEAMEN--

validity of promise of additional wages to, I. 43.

SEARCHI--

right of, in time of war, X, 106.

SEARCHES (see Unreasonable Searches and seizures).

SEARCH WARRANTS--

objects and requisites of, III, 233-4.

**SEAS--**

as boundaries of states, X, 20.

enemy character of property upon, X, 83-6,

jurlsdiction of, X, 82-3.

SECOND DEGREE--

murder in, 111, 68.

SECONDARY FRANCHISSES--

of corporations, VIII, 88.

SECRETARY--

of corporations, functions of, VIII, 152.

SECRET PARTNEIRS, VIII, 20.

SECRET PROCEEDINGS--

whether report of privileged, II, 226-7.

SEDUCTION--

crline of, III, 191-2.

SEDUCTION OF DAUGHTER OF SERVANT--

action for, II, 257-8, 369-71.

measure of damages for, II, 258.

SEGREGATION--

of vice, XII, 142-3.

SEIZIN (see Covenant of Seizin).

SEIZUREES (see Unreasonable Searches and Seizures).

SEIZURE--

of property before judgment in proceeding quasi in reu, XI, 348-9,

SEIZURE OF PROPERT--

right to resist unlawful, II, 57-8.

SELF-DEFENSE--

additional to right of action against aggressor, II, 35,

early law as to self-help, II, 33-4.

effect of using excessive force in, II, 35-6.

extent of force permitted, II, 24-5.

extent of right against animals, II, 30.

right to defend other persons, II, 367.

right to kill in, II, 35.

when right arises, II, 34.

extent of right of, III, 74-5.

of states, justifying extra-territorial acts, X, 15-6,

SELF-GOVERNMENT--

fundamental principles of, XIII, 296-9.

GENERAL INDEX

SELF-INCRIMINATION--

extent of privilege against, XII, 99-100.

not forbidden by due process of law, XII, 128.

privilege against gives immunity only in immediate jurisdiction, XII, 101.

privilege against, purely personal, XII, 100.

protects only against erbium prosecution, XII, 100-1.

SELF-PRESERVATION--

held not defense for crime, XII, 55-8.

SELER (see VENDOR)--

acts remaining to be done by, as affecting sales, XII, 346-7.

action of, for damages for non-acceptance of goods, XII, 404-5.

action of, for price of goods sold, XIII, 405-4.

definition of unpaid, III, 386-7.

"puffing" of wares by not actionable, II, 95-6.

provision for delivery by, as affecting sales, XIII, 352.

remedies of, for breach of contract of sale, against buyer, III, 402-5

renedy against buyer for failing to accept delivery, XIII, 384-5.

resale by, XIII, 398-9.

reselsalon of sale by, III, 401.

right of stoppage in transitin personal to, III, 395.

right of, to remove trade fixtures, IV, 387.

right of unpaid, against goods, XIII, 386-401 (see Sales of Personal Property).

Unpaid, remedies of, XIII, 388-401 (see Sales of Personal Property).

where not manufacturer, not held to implied warranty of quality, III, 336-7.

SELLING AGENTS--

Incidental authority of, I, 315.

SELLING--

compared with buying as to infant's disaffirmance, II, 400-2.

SENTENCE--

requisites and effect of, III, 209.

suspension of, III, 270.

SEPARATE ENTITY--

whether partnership constitutes, VIII, 10-5 (see Partnership).

SEPARATE MAINTENANCE--

renedy for husband's failure to support wife, II, 350.

suit for, II, 316-7.

Vol. XIV=24

## 10.1 Appendix

### 10.2 Appendix

The proof of the theorem is given in the appendix.

**Theorem 10.1**.: \_Let $\\mathcal{F}$ be a finite set of finite
GENERAL INDEX

SEVERANCE (see Constructive Severnace).

SEWERS--

regarded as legitimate street use, IV, 237.

SEVAL INTERCURRE--

illegal consideration for promise of marriage, II, 283-4.

refusal of, not desertion, II, 311.

SHARES (see Distributive Shares).

SHAREHOLDERS (see Stockholders)--

contractual liabilities of, VIII, 275-6.

enforcement of liabilities of in other jurisdictions, VIII, 276.

d duties of officers of corporations toward, VIII, 251.

liability of; to creditors for non-payment of shares, VIII, 273-4.

liability of, to creditors of corporations, VIII, 271-3.

not ordinarily liable to creditors of corporations, VIII, 270-1.

payment of illegal tax by corporation, VIII, 102.

penal liabilities of, VIII, 275-6.

right to complain of ultra vires contracts or corporations, VIII, 218.

right of, to enjoin misconduct of corporations, VIII, 225.

right to inspect books of corporations, VIII, 265-6.

rights of, to share in increase of stock of corporation, VIII, 266.

rights of, to sne for wrongs done corporation, VIII, 266-7.

statutory liability of, to creditors, VIII, 274-5.

shareholders' meeting, VIII, 169-71,

necessity of, for control of corporate action by members, VIII:

169.

notice of, VIII, 169-70.

quorum at, VIII, 170-1.

place of, VIII, 171.

SHARERS OF STOCK (see Srook)--

kinds of, VIII, 160-4.

liability for non-payment of, VIII, 273-4.

nature of, VIII, 159-66.

power of corporations to acquire, in other corporations, VIII, 210.

power of corporations to acquire their own, VIII, 209.

taxation of, VIII, 232.

transfer of, VIII, 260-5 (see Transfeb).

validity of transfer of by what law determined as against interest of third parties, IX. 315.

- \[19\]
  GENERAL INDEX

**SIDEWALK--**

ahutting owner liable for expense of, XII, 190-1.

evidence of notice of dangerous character of, XI, 26-7.

liability for defects in, II, 122-3.

placing of skills over by abutting owners, IV, 287.

SILENT PARTNERS--

who are, VIII, 20,

**SILK DEALER--**

rlight of, to require merchantability in case of purchase, III, 334.

**SIMILITER--**

defined, XI, 233.

SINGER--

enforcement of contract not to sling except for plaintiff, VI, 220-I,

SISTERS--

intestate succession of, VI, 26-7.

SITUS--

of property for purpose of taxation, XII, 158-9.

of property, for inheritance taxes, XII, 160-73, (see Inheritance

Taxes).

SLANDER--

certain defamatory statements actionable per se, II, 196.

damage not necessary in case of statements actionable per se, II, 196.

defined, II, 190.

distinguished from battery, II, 10.

meaning of "crime" in words imputing crime, II, 196-7.

of corporations, VIII, 97-S.

present liability to punishment not essential to words imputing crime, II, 197.

SLANDER OF TITLE--

meaning of unalice in connection with, II, 205-6.

requisites of action for, II, 204.

spedal damage requisite for action of, II, 264-5.

SLAGHITER HOUSE--

SLACGIITER HOUSE CASES--

Hmitting and explaining fourteenth amendment, XII, 63-5.

SLACGIITERING (see Cattle).

regulation of, not restrainable by contract, XII, 240-I,

SLAVE--

(See Slaverty.)

(See Fetitive Slaves.)

acquisition of title to by statute of limitations, IV, 48.

delivery of, coupled with assertion of ownership held not gift, IV, 48.

- \[199\]
  SPECIAL LEGISLATION (see Municipal Corporations)--classification according to geographical conditions, IN, 38, classification according to population, IN, 36. definition of, IX, 34. objects of for public corporations, IX, 34. other methods of classification, IX, 39. principles of classification in, IX, 35. SPECIAL, PARTNERSHIPS--what are, VIII, 20. SPECIALITY--defult on (see Debt). SPECIFICATIONS--attached to patent when issued, IV, 140. requisite for grant of patents, IV, 120:34. SPECIFIC INTENT (see Criminal Intent). SPECIFIC LIENS (see Llens). SPECIFIC PERFORMANCE--application to contracts for personal services, VI, 218:23, specific performance generally denied, VI, 218:9, rule compared with rule as to land, VI, 219:20, doctrine of Lumley vs. Wagner, VI, 220-3. limitations of doctrine in England, VI, 221:2, American decisions, VI, 222-3. contract valid at law generally requisite for, VI, 160. defenses to, VI, 224:33. lack of mortality, VI, 224:6. illegality, VI, 226. fraud, misrepresentation, or concealment, VI, 226-7. mistake, VI, 227:8. hardship, VI, 228:31. criterion of, VI, 229:30, sharp margins, VI, 230-1. public inconvenience, VI, 231-2. inadequacy of consideration, VI, 232. damage in lieu of specific performance, VI, 282-8. of agreement for lense, IV, 290. of agreements restricting use of property, VI, 195:201 (see Restarative Agreements). of contract for property in foreign jurisdiction, VI, 165-6. of contracts for personal property occasionally granted, VI, 161-8.

- \[19\] * \[19\] M.

. Jones, _Theoretical Computer Science_, 1993.

GENERAL INDEX 307

**STATUS--**

treatment of subject by Lord Hale, XII1, 171-3.

**STAY LAWS--**

unconstitutional as impairing oblization of contract, XII, 228.

**STEAMBOAT--**

held not liable as common carrier of money, VIII, 306.

**STEANOGRAPH--**

whether dictation to, privileged, 11, 240-1.

**STEANOGRAPH--**

course in, held a necessary, II, 383.

**STOCK (see Shares of Stock)--**

**(See Capital Stock.)**

of corporation, whether contract for specifically enforced, V1, 183.

right to vote stock held in trust, VI, 393.

sale of, on margin, XII, I37.

shares of, where taxable, XII, 166-7.

shares of, regarded as personal property, III, 285.

subscriptions for (see Subscriptions for Stock).

transfer of, may be shown by oral evidence to be pliedge, XI, 90,

where taxable on death of owner, XII, 172.

**STOCK CERTIFICATE--**

form of, VIII, 165-6.

gifts mortils causa of, VI, 37.

**STOCK COMPANIES (see Joint Stock Comfaniers).**

**STOCK CORPORATIONS--**

defined, VIII, 113.

**STOCK ENCHANGES--**

distinguished from corporations, VIII, 108.

**STOCKHODLDRS--**

**(See Shareholders.)**

**double liability of In national banks, VII, 400.**

**functions of, VIII, 151.**

**not subject to suit in equity for collection of assessment, VI, 340.**

**spurious stock defined, VIII, 164.**

**STOCKHODLDRS' MEETING (see Shareholders.).**

**STOCK PLAN--**

**of Incorporated trusts, VIII, 190.**

**STOCK SUBSCRIPTION--**

**oral evidence admissible as to condition of delivery, XI, 89-90.**

**STOLEN GOODS (see Receiving Stolen Goods).**

**STONEMASON--**

whether charge of belgg leader for nine hour day actionable, II, 206.

## 1 Introduction

The study

SUBSCRIPTIONS FOR STOCK--

agreements for, VIII, 136-S.

by underwriting, VIII, 138-0.

conditional, VIII, 139-41.

express and implied conditions, VIII, 139-40.

prior to incorporation, VIII, 140.

conditions precedent and subsequent, VIII, 140-I.

conditional delivery, VIII, 141.

made to promoters or trustees, VIII, 138.

partles capable of, VIII, 141-2.

regulation of, by statute, VIII, 135.

SUBSTANCE--

defects in (see Defects in Substance).

defects in, in pleading, XI, 212,213-92.

SUBSTANTIVE LAW (see Law).

SUBSTITUTED SERVICE--

by posting notice on defendants' door, XI, 343-4

on corporations, XI, 340-I.

copy left with person adversely interested in salt, XI, 341.

of process, defined, XI, 335.

on residents by publication and mailing notice, XI, 342-3.

on residents, XI, 339-40.

copy left with person adversely interested in salt, XI, 339-40.

SUBSTITUTION OF EQUIVALENTS--

not defense against salt for infringement of patents, IV, 155-8.

SUB-TENANT--

Inobility of, for necessary repairs, IV, 341.

not answerable to primary landlor for rent, IV, 310.

not personally liable for rent on original lense, IV, 348.

rights and duties toward original lenn, IV, 319.

right of, to embelements, IV, 400.

SUCCESS (see Perfetual Succession)--

per siblings, VI, 23-4.

SUEZ CANAL--

neutrality of, X, 35.

SUFFERANCE--

lease at (see Leane at Superspace).

SUFFRAGE--

constitutional changes concerning, before Fifteenth Amendment, XII, 78-9.

early qualifications for, in the states, XII, 76.

- \[19\] SUPERIOR COURTS (see Cours). SUPEIOR SERVANT DOCTRINE-- defined and explained, I, 280-1. SUPEIEMENTARY PROCEEDINGS-- in satisfaction of judgment, X1, 374-6.

expitable execution, X1, 375-6. SUPPLEMENTING RECOLLECTION-- when permissible, XI, 185-6. SUPPORT (see Lateral Support, Surjacent Support)-- in action for, as between parent and child, II, 374-5.

duty of, on the part of parent toward child, II, 363-5. SUPPORTING ANSWER-- in equity, XI, 280-60. SURETY (see Guaranty and Suretship).

married woman as, for husband, II, 333.

power of corporations to be, VIII, 184-5. SURFACE WATER-- right of drainage across adjoining land, IV, 215-6. SURPLUS-- of corporation, nature of, VIII, 150-60. SURFEDUTER-- in pleading, when used, XI, 164. SURFEDIONDER-- In pleading, when used, XI, 164. SURFENDER-- of lease as affecting payment of rent, IV, 354.

termination of tenancy by, IV, 401-5 (see Termination of Tenancy). SUFROGATES COUR-- Jurisdiction of, VI, 85. SURFYES-- before compensation, for exercise of eminent domain, XI1, 216-7. SURVIVAL-- of claims of decedent (see Intersate Succession). SURVIVORSHIP (see Joint and Several, Contracts). SURVENSION OF SENTENCE-- when granted, III, 270. SURVICHMAN-- requisites of criminal liability for negligence, III, 17, right to Imperial few persons to save nanny, II, 45-6. SYMPATHETIC STRIRE-- whether legal, III, 45.

- \[19\] * \[TAXATION (see Local Assessments)--(Continued) of corporations, VIII, 228-32 (see Conformations). of corporate assets, affected by location, XII, 160-3, where assets in several states, XII, 161-3, of credits employed in business, XII, 165-6, of debts, XII, 163-4, of documentary evidence of debts or property, as affected by location, XII, 164-5, of franchises, XII, 167-9. of real estate and chintels, as influenced by location, XII, 159-60, of shares of stock, XII, 166-7, of state government functions, XII, 311, procedure for, required by due process of law, XII, 149-21, progressive, whether constitutional, XII, 196-7 status of property taxel, XII, 158-9, to defray moral obligations, XII, 181-2. to supply needs for which private enterprise inadequate, XII, 177-80, to support pensions, XII, 183.

- \[TAXES--(See Taxation).\]

- \[Iblability for, as between landford and tenant, IV, 321-2, on exports, what constitutes, XII, 280-1, on imports, what constitutes, XII, 276-7, payment of, on decedent's estate by personal representative, VI, 119-21, recovery in quasi contract where paid to prevent illegal seizure I, 198.

- \[TAXING DISTRIC--creation of, for special purposes, XII, 185-8, TEACHERS--not under legal duty to aid in establishment of personal fund, IX, 196.

- \[TEACHER--Interference with business of rival, II, 278, liability for inducing pupils to boycott phantiff, II, 277, limits within which corpori punishment by, justifiable, III, 78, occupying schoolhouse not regarded as tenant, IV, 274, possesses right to discipline, II, 47, excluded from jury service, XII, 198.

- \[TEAMSTER--blockade by other vehicles defense for obstructing street, III, 50.

- \[19\] M.

- \[19\] TERRITORIES--(Continued) people of, possessed of civil but not political rights, XII1, 324. power to acquire unincorporated, XII, 263-5. power of federal government In, XIII, 319-32. right of government of, by United States, XIII, 315. western, cessation of to United States, XI1, 259. whether birth In, confers federal citizenship, XII, 69. TESTAMENTARY CAPACITY (see Wills). TESTAMENTARY GUARDIAN-- how designated, II, SSI. TESTAMENTARY INTENT (see Wills). TESTIMONY-- In other crises as admissions, X1, 42-5. TESTATOR-- statements of intention by, as evidence in the construction of wills, X1, 79. TESTATE SUCCESS (see Construct of Laws). TESTAN-- annexation of, XIII, 316. THEATRE-- not public calling, VIII, 296, purchaser of ticket In, regarded as licenise, IV, 271. THEATRE- MANAGEN-- liability for Inducing breach of contract, 11, 260. THEATRE TICKETS-- regarded as licenses, IV, 254. "THE KING CAN DO NO WRON?"-- meaning of term, XII, 265. THEEF-- cannot pass title to documents making goods deliverable to hearer, III, 370. THEING-- English conception of world, XIII, 174-55. signifleation of word In law, XIII, 165-9. Option's explanation, XIII, 407-54. conception of cannot be disassociated from persons, XIII, 180-7. treatment of subject by Lord thile, XIII, 173. THEHD PERSON-- nets of, as affecting liability for negligence, II, 192-7, liability of parent to, for childs tort, II, 373-4, THIRD DEGREE-- murder in, III, 68.

- \[19\] T.

- \[199\] T. K. K. K. _et al._, \_The $
  u$-$
  u
  TABLE-MARKS-- (Continued)

method of acquiring exclusive right-to, IV, 186-7.

notice of registration of, prior to suit for infringement, IV, 198.

pass to trustee in bankruptcy, X, 250.

proceedings in patent office for registration of, IV, 1956.

registration of under trade-mark net, IV, 189.

registration prima facte evidence of ownership of, IV, 198.

remedles for infringement of, in law and equity, IV, 201-2.

term of registration of, IV, 196.

test of sufficiency of description of articles, for registration, IV, 194.

treatment of, IV, 184-202.

distinguished from trade-names, IV, 185-6.

unfair competition distinguished from infringement of, IV, 184-5.

what kinds of marks subject to registration as, IV, 189-91.

who may register, IV, 189.

TABLE-MARK ACT--

general provisions of, IV, 189.

TABLE NAME--

deceptive use of another's, 11, 266-7.

TABLE-

state requirement of licenses for foreign traders unconstitutional, X11, 338.

TABLE USAGE--

as affecting warranties of quality, III, 338.

TABLE-ING PARTNERSHIP--

Ihability of, for acts of partner, VIII, 48-9.

Ihability of, for bulls and motis, VIII, 52-3.

authorty of partner no, VIII, 47.

what are, VIII, 19.

TABLE-STAMPS--

laws against invalid, X11, 144.

TABLE-YESSEL--

Ihability for interfering with business of, II, 271.

TABLE-

Iben of, for care of horse trained by, IV, 50-1.

TABLE-ROBBERS--

Ihability of, for death of engineer mistakenly shot by employee, II, 21.

TABLE-CAR--

Ihability for negligence of driver, II, 122.

- \[19\] * \[17\] TRESPASS--Continued
- by ballor against ballos, IV, 789.
- by ballor against third person IV, 80-1.
- \[18\] Cameron remedy for, trover, 11, so,
- \[19\] deduction in, XI, 197-8.
- \[20\] definition of, 11, 7.
- \[21\] direct Injury necessary to maintain action of, 11, 12-18,
- \[22\] distinguished from convexston, 11, 64-5,
- \[23\] distinguished from trover, 11, 66-5,
- \[24\] distinction from case, XI, 194-7,
- \[25\] direct and Indirect Injury, XI, 194-5,
- \[26\] violation of possession, XI, 198-7.
- \[27\] equitable conception of, VI, 301,
- \[28\] excuses for, II, 26-63 (see Excess for Trespass),
- \[29\] for mesne profits, VI, 309,
- \[30\] form of action, 11, 7.
- \[31\] imprisoninent, 11, 18-21 (see Dirrissonment),
- \[32\] injunction against, VI, 300-12 (see Jahnstein),
- \[33\] jurisdiction of courts in case of trestgrass to land, IX, 266,
- \[34\] mandatory injunction against contlunning, VI, 311,
- \[35\] nature of, at common hw, VI, 260-1,
- \[36\] on land in street owned by plaintiff, VI, 310-11,
- \[37\] of property sometimes lureeny, III, 111-2, 118-52,
- \[38\] on land in street, injunction against, VI, 310-1,
- \[39\] open and further pleadings in, XI, 198-200,
- \[40\] defense of ownership of property provible under general Issue,

XI, 199-200,

- \[41\] rights protected by law of, II, 7.
- \[42\] senses in which world used, II, S.
- \[43\] signeless of recovery of damages for, X, 140,
- \[44\] to the person, classified, 11, 7.
- \[45\] to property, classified, 11, 7.
- \[46\] TRESPASSER--not as such Table for rent, IV, 308-9.
- \[47\] not entitled to property found on premises recognised upon, IV, 97,
- \[48\] recovery by for injury sustained on other's premises, II, 158-8,
- \[49\] TRESPASS ON THE CASE (see Case)--remply for indirect injury, II, 12-18,
- \[50\] relation to trestgrass, II, 12.
- \[60\] TRESPASS TO THE THE THELE--nature of remedy, XI, 167,
  GENERAL INDEX 387

TRESPASS UPON PERSONAL PROPERTY--

contact must be caused directly, II, 25.

contact need not be intentional, II, 25.

essentials of, II, 23-d.

injury or destruction, II, 24.

mere touching not it trespass, II, 24.

removal, II, 24.

taking possession, II, 24.

TRESPASS UPON REAL PROPERTY, II, 21-3.

act must be voluntary, II, 23.

act need not be intentional, II, 23.

consists in touching of land, II, 21.

damage not necessary, II, 23.

enclosure not necessary for, II, 22-3.

essentials of, II, 21.

in what it may consist, II, 21-2.

over-hanging trees do not constitute, II, 22.

TRIAL (see New Trial)--

article on, 111, 253-d57.

anclement methods of, III, 253.

present methods of, III, 253-d.

by jury, III, 254-5.

in what cases applicable, III, 254.

effect of upon character of evidence admitted, III, 254.

characteristics of, III, 254.

selection and swearing of jury, III, 254-5.

opening statements, III, 255-6.

separation and competency of witnesses, III, 256.

defendant as witness, III, 256.

order of proof, III, 257.

motion for verdict of not guilty, III, 257.

exclusion of jury during arguments on competence of evidence, III, 257.

proof beyond reasonable doubt necessary for verdict of guilty, III, 257-9.

fact of crime must be established, III, 259-d1.

cannot be proved by confession, III, 260-1,

practice in regard to confessions, III, 262.

conduct of presiding judge, III, 262-3.

arguments of counsel, III, 263-5.

opening and closing, III, 263-4.

- \[TFRIAL--(Continued)\]
- \[TFRIAL--(111, 264-5\]
- \[TFRIAL--(111, 265-6\]
- \[TFRIAL--(111, 266-7\]

TRUSTS AND THUSTERS-- (continued)

event que trust, who may be, VI, 488.

equitable interest of, VI, 572594.

costut que-trust as a trustee, VI, 483.

events's rights in possession of trust res, VI, 3801-2.

events's rights enforceable against trustee only. In equity, VI, 388-9,

events's rights in proceeds arising from combination of missppro-

priatest trust property and trustees own property, VI, 481-2.

events's rights where trustee refuses to perform duty, VI, 380,

costut trust not necessary in public or charlinble trust, VI, 470-1,

costut que trust not always specifiedly designated, VI, 450-7,

event que trust, necessity for in private trusts, VI, 455-57.

events's relatives as trustees, VI, 402.

events's right to follow trust res, VI, 372-381,

events's rights against trustee, VI, 372-3,

events's rights against trustee of trust res, VI, 373-4.

events's rights against done from trustee, VI, 374-5,

charitable trusts defined, VI, 451.

how enforced, VI, 455.

invalid where costut indefinite, VI, 452-54.

statutory system of, VI, 454.

what invalid, VI, 452.

classification of trusts, VI, 411.

constructive trusts, VI, 412.

convention may be trustee, VI, 461.

operation of constructive trusts, VI, 411-419.

offset of Stututute of Uses when A pays purchase price and B takes little, VI, 414.

effect of Stututute of Femts when A pays purchase price and B takes little, VI, 414.

restent nature of resulting trusts, VI, 415.

resulting trust presumptive of, low rebutst, VI, 416-18,

event-of express trust, VI, 485-400,

application of Stututute of Femts, VI, 407.

consideration for, VI, 288-408.

consideration when created by transfer of property, VI, 400,

effectiveness of subsequent writing to satisfy Stututute of Femts.

VI, 407-10.

invalid gift not a declaration of trust, VI, 400-2

language, meaning of ordinarily a question of fact, VI, 395-6,

language necessary to, VI, 396-8.

- \[19\] M.

- \[14\] M.

GENERAL INDEX . 400

**TUTUILA--**

possession of, by United States, XIII, 331.

**TYPEWRITER--**

whether communication to, an excess of privilege, I1, 240-1.

\*\*ULTRA VIRES ACTS OF COPROATIONS, VIII, 214-8.

meaning and nature of, VIII, 214-5.

executed contracts, VIII, 215-6.

executory contracts, VIII, 216-7.

partially executed contracts, VIII, 217-8.

who may complain of ultra vires contracts, VIII, 218.

renisely against by state, VIII, 189.

UNCHIASITY--\*\*

charge of, whether actionable without special damage, II, 199.

UNCONSTITUTIONAL (see Tower to Declape Laws Unconstitutional).

UNCONSTITUTIONAL ACT--

effect of, XII, 46-8.

where only partially unconstitutional, XII, 47-8.

UNCONSTITUTIONAL STATUTE (see Statute).

UNCONSTITUTIONALITY (see Unconstitutional ACT).

UNDERIGROUND STREAMS--

(See Streams.)

right of owner of land to, IV, 220.

UNDERTAKING--

requirement of license for held invalid, XII, 144.

UNDERWRITING--

form of stock subscription, VIII, 138-9.

UNDER INFLUENCE (see Wills)--

as affecting action for rescission, VI, 285-6.

effect of, in inducing contract, I, 157-9.

presumption of, VI, 286.

presumption of, from relationship between parties, I, 158.

presumption of, when parties stand in unequal relation, I, 158.

UNFAIR COMMENT (see Deformation).

UNFAIR COMPETITION--

distinguished from infringement of trade-marks, IV, 184-5.

UNIFORM BILL OF LADING--

effect of upon liability of carriers, VIII, 382.

UNIFORMITY--

of taxation construed. XII, 318.

- \[18\] V.

- \[199\] * \[7\] VALLIDITY--

of treatles, X, 59-60.

VALUATION--

sale at s, III, 319-20.

VALUE--

allegations of, in pleading, XI, 236.

Increase of, as test of title to property by accession, IV, 18-9.

VARIANCE--

between pleodings and proof, XI, 265.

VALUE--

mistake in, not ground for rescission, VI, 245-6.

representations of, not actionable: II, 95-6.

VALUE RECEIVED--

phrase unessential in negotiable instruments, VI, 48.

VENDEE (see PUCENase)--

effect of death of, upon contract for purchase of land, VI, 176-8.

entitled to proceeds of property wrongfully sold by vendor, VI, 175-6.

foreclosure of interest of, under contract of purchase, VI, 182-4.

lights of, under contract, against vendor's transferees, VI, 174-5.

lights of, when in possession of land before conveyance, VI, 178-9.

lights of, when vendor unable to perform contract entirely, VI, 170-2.

lights of widow of, in land under contract of purchase, VI, 187.

under contract of purchase assumes risk of loss in equity, VI, 184-6.

VENDOR (see SELLER)--

effect of death of, upon contract for sale of land, VI, 176-8.

entilted to specific performance, VI, 167-70.

reason for right, VI, 107.

vendor must have good title, VI, 168-9.

effect of deficiency in quality or quantity, VI, 169-70.

duty of care of land under contract of sale, VI, 179-80.

lights of when in possession of land before conveyance, VI, 179-80.

lights of widow of, in land under contract of sale, VI, 187-9.

under contract of sale assumes risk of loss at law, VI, 184.

under contract of sale regarded as truste for vendee, VI, 173-4.

VENDOR OF CHATTELS--

duty of (see NEGINENCE).

VENDERAL DISEASE--

effect upon marriage, II, 301.

VENDE--

allegation of, in Indiments, III, 224-6.

change of, III, 251-2.

- \[1\]VENUE--term defined, X1, 319-21. in state courts, X1, 319-20, in federal courts, X1, 320. defects as to, may be walved, X1, 320-1, VERTDICT (see Directed Verdict)--of jury in criminal trials, III, 266-7. return of, by jury, XI, 371. setting aside, XI, 149. to what extent defects in pleading cured by, XI, 263-4. unanimous, as element of jury trial, XII, 104. VERTIFICATION--of plea in confession and avoidance, XI, 233-4. VESSELS--(See Foreign Public Vessels.) (See merchant Vessels.) VESSEL--not in regular business of carrying goods, not common carrier, VIII, 373-4. respective rights of owners to salvage of goods wrecked in, 1V, 26. VESSEL OWNER--implied conditions in contract of, I, 104. VIADUCT--erection of in street, not actionable, XII, 213. VICE--segregation of, XII, 142-3. VICE-PRESIDENT--of corporations, functions of, VIII, 152. VIEW OF THE PREMISES--In condeunation cases, XI, 115. VISIBLE DEFECTS (see Defects). VISIT--right of, in time of war, X, 106. VISITORS (see Invited Guests). control of charitable corporations by private, VIII, 225-6. control of corporations by public, VIII, 226. VISITOR, BUSINESS (see Business Visitor). VISITATION, COUNT OF (see Court of Vistation). VISITORIAL POWER--of states over foreign corporations, VIII, 239-40. VOIR DIRE--term defined, XI, 366.

- \[69\] VOLUNTRARY ASSOCIATION--distinguished from partnership, VIII, 16-7. VOLUNETEB--reformation not allowed against, VI, 248-0. VOLUNETER NAVV--legality of, in war, N, 90-1. VOLUNETARY CONVEYANCE (see Bankruptcy). VOLUNETARY OILIGATIONS--specific performance of, generally refused, VI, 172-3. VOLUNETARY OAMUNICATION--may be privileged, II, 285-5. VOTE--cumulative, in corporations, VIII, 256-7. of shareholders in corporations, VIII, 254-5. VOTE--agents, not rulers of people, XIII, 291-2. VOTING TRUSTSS--defined, VIII, 256. WAEGER OF BATTLE--defined, I, xxii. WAEGER OF LAN--defined, I, xxii. WAEGER OF LAN--defined, I, xxii. WAEGER to action of debt, XI, 190-1. WAEGES--preferred chain against desedent's estate, VI, 188. WAEGON DRIVER--Hability of for running over animals on highway, II, 182. WAIFES--defined and title to explained, IV, 13-4. WAIVER (see Tsukarse)--by personal representative of studies of non-claim and limitations, VI, 131-2. of cause of forfeulture of tonney, IV, 399-400, of corporate offenses, VIII, 223. of defects as to venue, XI, 320-1. of fleus, IV, 6570. as excusing tender, IV, 67-70. WAIVER OF TORT--In suits in quant contracts (see Quasi Contracts). WAKE ISLAND--possession of, taken by United States, XIII, 331-2.

GENERAL INDEX 405

WALLS (see Party Walls).

WANT OF PRORABLE CAUSE (see Malicious Subsection).

WAR--

article on, X, 69-94.

declaration and commencement of, X, 69-70,

definition and justification of, X, 69.

dissolution of partnership by, V111, 69.

effect of, upon treaties, X, 69-4.

effects upon persons and business relations, X, 70-9.

methods of warfare, X, 88-92.

nullitary occupation of territory, X, 89-7.

property of enemy, X, 79-89.

termination of, X, 92-4.

WARD (see Guardian and Ward).

WAREHOUSE--

enjoying monopoly treated as public service company, VIII, 286-8.

liability for injury in, II, 127-8.

WAREHOUSEMAN--

effect of confusion of property of different owners by, IV, 27-9.

liability of, in trover for delivering goods to wrong person, II, 77.

lien on goods deposited with for storage charges, VIII, 337.

lien of for charges, on goods left in possession, IV, 55-6.

lien of, for storage charges, IV, 53.

WAREHOUSE RECEIPTS--

where taxable, XII, 165.

WARANT--

(See Search Warrant.)

(See Peace Warrant.)

arrest without, II, 50-3.

for arrest to be carried by officer where warrant requisite, II, 58.

general, constitutes unreasonable search and seizure, XII, 103-4,

in connection with arrest, III, 209-19 (see Arrest).

WARANTIES--

(See Insurance.)

in connection with negotiable instruments (see Negotiable Instruments).

WARANTY--

in sales (see sales of Personal Property).

of title, power of partner to give, VIII, 49.

rennedies for breach of, by seller, III, 408-12.

GENERAL INDEX

WATERS--

nature of jurisdiction over territorial, X, 36-7.

percolating and underground, V, 387.

springs, V, 388.

underground strenns, V, 389.

WAY (see Right of Way).

(See Public Ways.)

(See Private Ways.)

WEAL/TH--

provable by reputation, X1, 68.

WEATHER BUREAU--

records of, admissible in evidence, XI, 69.

WEBSTER MURDER CASE--

cited and doctrine explained, III, 116:29

WEIGHT--

of evidence (see Evidence).

of authority, I, I-H.

WEIGHTS AND MEASUURE--

power of Congress over, X11, 320.

WESTMINSTER II--

enactment of statute of, I, xxvii,

cited and discussed, VI, 148:9.

WHARFINGER--

lien of, IV, 54.

not liable for conversion on account of negligence, II, 67.

WHITERENT--

defined, IV, 340.

WHOLE BLOOD--

distinguished from half-blood as to succession, VI, 27.

WHOLESALEER--

combination of lumber dealers against illegal, II, 282.

WHO--

right to allowance for support from husbands estate, VI, 91.

right of, In husband's property (see Metastatic Succession).

WIFE (see Husband and Wife)--

action for inducing to separate from husband. II, 288:9.

action of, for alienation of husband's affections, II, 280.

husband's right of action, for criminal conversation with, II, 289.

liabilities of husband on account of (see Husband).

negligence of, as affecting recovery by husband for injury to, II, 144.

refusal by, to change domlele, constitutes desertion, II, 311.

right of action for alienation of husband's affections, II, 250-60.

Vol. XIV$-$27.

## General Index

WILS--(Continued)

execution of, VI, 48, 53-70,

mistakes In, VI, 48.

reason for technical requirements in, VI, 53-4,

execution of will devlsing reality governed by law of status, IX, 332.

extrinsic evidence as aid In the interpretation of, XI, 100-8.

formally attested, the usual type, VI, 58.

gifts mortils causa, VI, 36-8.

of property represented by documents, VI, 37.

of property not represented by documents, VI, 37-8.

general outline of a will, V, 143.

gift of household effects to the widow, V, 144.

gift to children in default of appointment after termination of

widow's interest--contingent gift, V, 151-2.

gift to children in default of appointment after termination of

widow's interest--postponed vested gift, V, 150.

holographic, VI, 56-8.

defined, VI, 56.

requirements of, VI, 56-7.

statement of advantages and disadvantages, VI, 57-8.

income from trust estate to be paid to widow, V, 147.

incorporation of other documents by reference, VI, 68-70,

infancy as affecting testamentary capacity, VI, 50.

in Louisiana, VI, 66-8.

insantly as affecting testamentary capacity, VI, 48-9.

interpretation of governed by law of domicile at time of execution.

IX, 335.

interpolation of words in, V1, 44-5.

law of domicile at time of death governs as to execution will of

sonalty, IX, 330.

lost, probate of, VI, 96.

mistake in, VI, 43-8,

nistake In phraseology of, VI, 46-8.

nullification of, VI, 71:2, 81-4.

by lapse, VI, 81:2.

by lack of ownership of property concerned, VI, 82-3.

by marriage and birth of children, VI, 83-4.

by lack of provision for descendants, VI, 84.

nuncipative, VI, 54-5.

of married women (see Married Women).

omission of words In, VI, 45-6.

oral and informal wills undesirable, VI, 56.

## Appendix A Appendix

### A Appendix

The proof of Theorem 1.1 is given in the Appendix.

**Lemma A.1**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.2**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

**Lemma A.3**.: _Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$._

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$. Then $\\mathcal{F}$ is a finite set of $\\mathcal{F}$.

Proof.: Let $\\mathcal{F}$ be a finite set of $\\mathcal{F}$.

- \[WILLS--(Continued)\] validation by reference, of walls defectively executed, VI, 70, whether revoked by adoption of children, II, 380, widow's power of appointment clause, V, 148.
- \[WILSONACT--constitutionality of, XII, 304; in regard to power of states over imported liquor, XII, 300, WINCHESTER--enactment of statute of, i, xxvii, WITNESS--(See Attesting Witnesses.) attesting (see Wills). attendance and examination of, XI, 124-42, competency of, In criminal trials, III, 256, compulsory process for, III, 252, confronting, not required by due process of law, XI, 128-9, cross-examination of, XI, 139-42, leading questions allowed, XI, 139, trapping witnesses in falsehoods, XI, 139-42, direct examination of, XI, 131-6, leading questions, XI, 131-3, generally improper, XI, 131-2. when allowed, XI, 132-6, facts, not conclusions must be stated, XI, 139-4; refreshing recollection, XI, 135. supplementing recollection, XI, 135-6. defendant as, in criminal case, III, 256, fees of, XI, 127. husband and wife as, II, 346-8. impenachment of, XI, 142-3. methods of securing attendance of, XI, 126-7, number and kinds of required in certain cases, XI, 146, oath or affirmation of, XI, 128. opinion when admissible from unskilled, XI, 107-8, persons amenable to service as, XI, 124-5, protected by privilege from actions of defamation, II, 212-15, privilege of, In not answering particular questions, XI, 125-6, in case of persons accused of crime, XI, 125-6, proper treatment of, by attorneys, XI, 291, putting under the rule, XI, 128, re-direct examination of, XI, 142, re-direct examination of, XI, 142, re-direct examination of, XI, 143-6, re-direct examination of, XI, 144, re-direct examination of, XI, 145-6, re-direct examination of, XI, 146-7, re-direct examination of, XI, 147-8, re-direct examination of, XI, 148-9, re-direct examination of, XI, 149-15, re-direct examination of, XI, 140-15, re-direct examination of, XI, 141-15, re-direct examination of, XI, 142-15, re-direct examination of, XI, 143-6, re-direct examination of, XI, 144-15, re-direct examination of, XI, 145-6, re-direct examination of, XI, 146-7, re-direct examination of, XI, 147-8, re-direct examination of, XI, 148-9, * \[11\]WITNESS--(Continued) separation of, in criminal trials, 111, 256. sequestration of, XI, 128. skilled (see Expert Testimony). WOMEN (see Married Women). WOMAN-- voting by, contrary to law held criminal, III, 60. WORD-- certain classes of constitute shunder per se, II, 196. importance of etymology of, XI11, 137-8. imputing crime, II, 136-9. imputing louthsome disease, illustrated, II, 202. WORK AND LABOR-- contracts for, not within statute of frauds, 111, 288-92. WOUNDED-- care of, in war, X, 74-5. WRECK-- title to property lost in, IV, 12-3. WRTING-- advisability of, for creation of equitable easement, IV, 252, as affected by evidence of trade custom, XI, 92-4. evidence of, XI, 80-103. extrinsic evidence as aid to interpretation of, XI, 99-103. reason for permitting, XI, 99. customary meaning of terms, XI, 99-100. construction of wills, XI, 100-3. wells sometimes not open to interpretation by extrinsic evidence, XI, 101, extrinsic evidence often received in aid of interpretation, XI, 101-3. necessity of, for leuse, IV, 282-4. notce to produce original requisite for secondary evidence of, XI, 89. not necessary to partnership, VII1, 25. oral declarations admissible as to collateral matters, XI, 94-5. oral evidence not admissible to add terms to, XI, 80-1. originals proper evidence of, XI, 80-1. secondary evidence of, sometimes admissible, XI, 82-3, when account of original not necessary for secondary evidence of, XI, 84-5. when necessary for contract to nurry, II, 203.
- \[12\]WRTINGS OF AUTHORS"-- meaning of term in copyright law, IV, 109-71.

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Byth. Jr., Bythewood's Precelents,

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Ca. Pra. K. B., Cases of Practice in Kiug's Beneh.

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Cas, Pra. C. P., Cases of Practice, Common Pleas.

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Cas, t. Tabs., Cases time-Talbot, Chameery.

Cas, temp, F., Cases temp, Finch.

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Casey, & Casey (Pa:)

## References

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## Bibliography

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## Acknowledgments

Holt N. P..........Holt's Nisi Prius Reports.

Home (Clk)......Clerk Home's Reports, Court of Session.

Hope ..................Thomas Hope's Reports, Court of Session.

Hopk. Ch......Hopkin's, New York Chancery.

Hop. & C......Hopwood & Coltinan, Registration App. Cas.

Hop. & P......Hopwood & Philbrick, Registration App Cas.

Houst. ..................Houston, Delaware.

Houst. Cr. Cas......Houston's Criminal Cases, Delaware.

Hov. Suppl......Hovenden's Supplement to Vesey, Jun.

How. ..................Howard, United States Supreme.

How. App. Cas......Howard's Appeal Cases, New York,

How. (Miss.)......Howard, Mississippi.

How. Pr. ..................Howard's Practice, New York.

How. Prac. (N. S.)......Howard's Practice, New Series (N. Y.).

H. P. C......Hale's Pleas of the Crown.

II. & R......Harrison and Rutherford's Reports, C. P.

Hud. & B......Hudson and Hooke's Reports, K. B., Ireland.

Hughes ..................Iughes, U. S. Circuit Court, Fourth Circuit.

Hughes ..................Hughes, Kentucky.

Hume ..................Hume's Decisions, Court of Session.

Humph ..................Iumphrey, Tennessee.

Hun. ..................Hun, New York Supreme.

Hut. ..................Hutton's Reports, C. P.

Idaho ..................Idaho.

I. J. C.........Irvine's Justiciary Cases.

Ill. ..................Illinois.

Ill. App..................Illinois Appellate.

Ind. ..................Indiana,

Ind. App..................Indiana Appellate.

Indian T..........Indian Territory.

In F. ..................In fine. At the end of a title, law, or a paragraph.

In. F. Pr..........Iu fine principii,

In Pr. ..................In fine principio.

Ins. ..................Insurance.

Ins. Law J........Insurance Law Journal.

1, 2, Inst......(1, 2) Coke's Inst.

Inst. 1, 2, 3......Justinian's Institutes, Iih. 1, tit. 2, sec. 3.

Interst. Com. R........Interstate Commerce Reports.

Io. or Iowa......... Iowa.

I. R. C. L.........Irish Reports, Common Law Series.

Ired. ..................Iredell, North Carolina Law.

Ired. Eq......Iredell, North Carolina Equity.

I. R. Eq......Irish Reports, Equity Series.

Ir. Law & Eq......Irish Law and Equity Reports, Ireland.

Ir. Law & Ch. ..................Irish Law and Equity Reports, N. S.

Ir. Ersk......Ivory's Notes on Erskine's Institute.

- \[1432\] Jac. or Jaeob. Jacob's Reports, Chaneery.

- \[143\] Jac. & W. Jacob and Walker's Reports, Chaneery.

- \[144\] Jan. Angl. Jani Anglorum.

- \[145\] J. Cuts. Jurisconsultus.

- \[146\] Jebb C. C. Webb's Crown Cases, Ireland.

- \[147\] Jebb & B. Webb and Iburke's Reports, K. B., Ireland.

- \[148\] Jebb & S. Webb and Sime's Reports, K. B., Ireland.

- \[149\] Jefferson, Virginia.

- \[150\] Jenk. Jenkins' Reports, Ex.

- \[151\] J. J. Marsh. J. J. Marshall, Kentucky.

- \[152\] John. Johnson's Reports, Chancery.

- \[153\] John & H. Johnson and Henning's Reports, Chaneery.

- \[154\] Johns. Johnson, New York Law.

- \[155\] Johns. Cas. Johnson's Cases, New York Law.

- \[156\] Johns. Cli. Johnson, New York Chaneery.

- \[157\] Jo. & Lat. Jones & Lattouehs' Rep. Ch., Ireland.

- \[158\] Jon. 1, 2 James' W. and T. Reports, K. B.

- \[159\] Jones & McMurtie. Jones and M., Pennsylvania.

- \[160\] Jones & Jones' Reports, Exch., Ireland.

- \[161\] Jones & C. Jones and Carey's Reports, Exch., Ireland.

- \[162\] Jones Eq. . Jones, North Carolina Equity.

- \[163\] Jones L. Jones, North Carolina Law.

- \[164\] Jones T. Jones' Reports, K. B.

- \[165\] Jones W. Jones' Reports, K. B.

- \[166\] Jones & S. Jones and Spencer, New York.

- \[167\] J. P. Justice of the Peace.

- \[168\] Jud. Jud. Jud. Jud. Jud. Repos. Judicial Repository (N.Y.).

- \[169\] Jur. The Jurist, Reports in all the Courts.

- \[170\] Jur. Sc. Scottish Jurist, Court of Session.

- \[171\] Jur. St. Judieial Styles, Scotland.

- \[172\] Just. Inst. Justinian's Institutes.

- \[173\] J. & W. Jacob and Walker's Reports, Chaneery.

- \[174\] Kames' Decisions, Court of Session.

- \[175\] Kan. Kansas.

- \[176\] Kan. App. Kansas Appeals.

- \[177\] Kay . Kay's Reports, Chaneery.

- \[178\] Kay & J. Kays and Johnson's Reports, Chancelery.

- \[179\] K. B. King's Benel.

- \[170\] K. C. R. Rep. tem. King, C. Chaneery.

- \[171\] Kob. Kebble's Reports, K. B.

- \[172\] Keen. Keen's Reports, Rolls Court.

- \[173\] Keilw. Keilway's Reports, K. B.

- \[174\] Kel. . Sir John Kalying's Reports, K. B.

- \[175\] Kel. 1, 2 James. Wm. Kelpsey's Reports, 2 parts, Chaneery.

- \[14\] Kelly, Georgia.

- \[15\] Kennet.

- \[16\] Kent Comun.

- \[17\] Keny.

- \[18\] Kernon's Notes by Hanmer, K. B.

- \[19\] Kern.

- \[20\] Kernan, New York Appeals.

- \[21\] Keyes.

- \[22\] Keyes.

- \[23\] K. & G. R. C.

- \[24\] Kenne and Grant's Registration Cases.

- \[25\] Kilk.

- \[26\] Lord Kilkerran's Decisions, Court of Session.

- \[27\] Kirby, Connecticut.

- \[28\] Kit.

- \[29\] Kitchen.

- \[30\] Kn.

- \[31\] Knapp's Reports, Privy Council.

- \[32\] Kn. & O.

- \[33\] Knapp and Ombler, Election Cases.

- \[34\] Kulp, Pennsylvania.

- \[35\] Ky.

- \[36\] Kentucky Decisions.

- \[37\] Ky.

- \[38\] Ky.

- \[39\] Law Rep.

- \[40\] La.

- \[41\] La.

- \[42\] La.

- \[43\] Louisiana Annual.

- \[44\] Laey R'y Dec.

- \[45\] Laory Supplement to Hill & Denio's (N. F.).

- \[46\] Lamb.

- \[47\] Lauc.

- \[48\] Lancaster Law Review.

- \[49\] Lans.

- \[50\] Lans.

- \[51\] Lansing's Chancery, New York.

- \[52\] Lans.

- \[53\] Lansing, New York Supreme.

- \[54\] Lat.

- \[55\] Latch's Reports, K. B.

- \[56\] Law J. Ch.

- \[57\] Law Journal Chancery.

- \[58\] Law J. K. B.

- \[59\] Law Journal, King's Iiench.

- \[50\] Law J. M. Cas.

- \[50\] Law Journal, Magistrates' Cases.

- \[51\] Law J. P.

- \[52\] Law Journal Probate.

- \[53\] Law J. P. C.

- \[54\] Law Journal Privy Cases.

- \[55\] Law J. Q. B.

- \[56\] Law Journal, Queen's Bench.

- \[57\] Law Rec.

- \[11\] L. & C. ..................Leigh and Cave, Crown Cases.

- \[12\] Ld. Kem. ..................Kenyon's Reports, K. B.

- \[13\] Ld. Raym. ..................Loril Raymond's Reports, K. B.

- \[14\] Lea ..................Lea (Tenn.).

- \[15\] Leach's Crown Law.

- \[16\] L. Ed..................Lawyer's Edition Supreme Court Reports.

- \[17\] Lee & H. ..................Lee's Cases, temp, Hardwicke, K. B.

- \[18\] Leg. Chron..Legal Chronicle (Pa.).

- \[19\] Leg. Gaz. ..................Legal Gazette, Pennsylvania.

- \[20\] Leg. Gaz. R..Legal Gazette Reports, Pennsylvania.

- \[21\] Leg. Int..Legal Intelligencer, Pennsylvania.

- \[22\] Leg. Op..Legal Op..Legal Op..Legal.

- \[23\] Leg. & Ins. Rep..Legal and Insurance Reporter.

- \[24\] Lehigh Val. Law Rep..Lehigh Valley Law Reporter.

- \[25\] Leigh ..................Leigh, Virginia.

- \[26\] Leon ..................Leonard's Reports, K. B.

- \[27\] Lev. ..................Levine's Reports, K. B.

- \[28\] Lew. C. ..................Lewin's Crown Cases, Lex. Merc. Red..Lex Mercatorio, by Jeaves.

- \[29\] Ley ..................Ley's Reports, K. B.

- \[30\] L. & G. temp. Plunk..Lloyd & Gool, temp. Plunketti, Chancey.

- \[31\] Lib. Ass..Liber Assiarum, Year Book, pt. 5.

- \[32\] Lib. Int..Liber Intratium.

- \[33\] Lib. Pl..Liber Plicatandi.

- \[34\] Lib. Reg..Register Book.

- \[35\] Lil. Abr..Lily's Practical Register.

- \[36\] L., I. L..L..L..Lincoln's Inn Library.

- \[37\] Lil. ..................Lily's Reports of Entries.

- \[38\] L. J..Law Journal, Reports in all the Courts.

- \[39\] Lind, or Lynd..Lindewood Provinecules.

- \[40\] Lind. Part..Lindley's Partnership.

- \[41\] Little, Kentucky.

- \[42\] Little. Sel. Cas....Littell's Select Cases, Kentucky.

- \[43\] Lit. ..................Littleton's Reports, C. P.

- \[44\] Llo. & Goo....Lloyd and Gool, temp. Suglen, Chy., Ireland.

- \[45\] Lloyd's State Trials.

- \[46\] L. Mag..The Law Magazine.

- \[47\] L. M. & P. ..................Lowndes, Maxwell-& Pollock's Rep., Mail Contr.

- \[48\] Loce. ..................Luceinius.

- \[49\] Lock. Ikev. Cas....Losekwood's Reversed Cases New York law.

- \[50\] Lofft....Loff's Reports, K. B.

- \[51\] Longf. & T. ..................Longfield & Townsend's Rep., Eeh., Ireland.

- \[52\] Long Quinto....Year Book, pt. 10, K. B.

- \[53\] Loring & R. Elec. Cas...Loring & Russell's Election Cases, Mass.

- \[54\] Lower Ct. Dec..Lower Court Decisions (O.).

## References

- \[1\] Lowell, U. S. District Court, Massachusetts.
- \[2\] L. P. B. Paper Book of Lawrence, J.
- \[3\] L. R. A. Lawyer's Reports Annotated.
- \[4\] L. R. A. (N. S.) Lawyer's Reports Annotated, New Series.
- \[5\] L. Rev. The Law Review.
- \[6\] L. T. The Law Times, Reports.
- \[7\] Lud. E. C. Luder's Election Cases,
- \[8\] Lush. Lushington's Admiralty Reports.
- \[9\] Lut. Lut. Lutweyche's Reports, C. P.
- \[10\] Lut. Is, C. Lutzwyche's Registration Cases.
- \[11\] L. & Welsb. Lloyd and Welsb's Commercial Reports.
- \[12\] M. Morrison's Dictionary of Decisions.
- \[13\] M. & Ayr. R. Montagn and Ayrton's Reports, Bankruptcy.
- \[14\] M. or Mich. Michaelmas Term,
- \[15\] MacArthur . MacArthur (D. C.).
- \[16\] MacArthur & M. MacArthur & Mnekey, D. C.
- \[17\] MacArthur's Pat. Cas. MacArthur's Patent Cases, U. S.
- \[18\] Mac. & G. Macmughten and Gordon's Reports.,Clincery.
- \[19\] Mac. P. C. McCroy's Patent Cases.
- \[20\] Mackey . Mackey (D. C.)
- \[21\] Macl. & R. Maclean and Robinson's Scotch Appeals.
- \[22\] Macph. Court of Session Cases, Third Series.
- \[23\] Macq. II. L. Cas. Macqueen's Scotch Appeal Cases.
- \[24\] Mad. Maddox's Exchequer and Formulare.
- \[25\] Maddox's Reports Chanceery.
- \[26\] Maddox's Chanceery Practice.
- \[27\] Mal. Mal. Malyne's Lex Mereatoria.
- \[28\] Man. Manning (Mich.)
- \[29\] Man. & G. Manning and Granger's Reports, C. P.
- \[30\] Man. & R. Manning and Ryland's Reports, K. B.
- \[31\] Man. Unrep. Cas. Manning's Unreported Cases, Louisiana.
- \[32\] Manson English Reports.
- \[33\] Manw. Manwood's Forest Law.
- \[34\] Mar. Marshall's Reports, C. P.
- \[35\] Mareh. March's Report, K. B.
- \[36\] Marsh. Dec. Brockenbrough's Reports U. S. Circuit Court.
- \[37\] A. K. Marshall's Kentucky Reports.
- \[38\] J. J. Marsh. J. Marshall's Kentucky Reports.
- \[39\] Mart. (La.) Martin's Louisiana Reports.
- \[40\] Mart. (N. C.) Martin. North Carolina Law.
- \[41\] Mart. (N. S.) Martin's Reports, New Series, Louisiana.
- \[42\] Mart. & Y. Martin & Yerger, Tennessee.
- \[43\] Marvel (Del.)
- \[44\] Mason. Mason, U. S. Circuit Court, First Circuit.
- \[45\] Mass. Massachusetts.
- \[46\] Mau. & Sel. Maule and Selwyn's Reports, K. B.

## References

- \[1\]

- \[2\]McCahon, U. S. District Court, Kansas.

- \[3\]McAll, McAllister, U. S, District Court, California.

- \[4\]McCart, McCarter, New Jersey Equity.

- \[5\]McArthur , McArthur, District of Columbia.

- \[6\]McCle. , McCleland's Reports, Ex.

- \[7\]McCle. & Yo , McCleland and Young's Reports, Ex.

- \[8\]McCord , South Carolina Constitutional Court.

- \[9\]McCord Ch , McCord, South Carolina Chancey.

- \[10\]McCrary , U. S.

- \[11\]McN. R. , McFarlane's Reports, Jury Court, Scotland.

- \[12\]McGloin , McGloin, Louisiana.

- \[13\]McLean, U. S. Circuit Court, Seventh Circuit.

- \[14\]McMull , McMullan, South Carolina Law.

- \[15\]McMull , McMullan, South Carolina Equity.

- \[16\]Md. , Maryland.

- \[17\]Md. Ch , Maryland Chancey.

- \[18\]M. D. & D. , Montague, Deacon & De Gex's Rep'ts.

- \[19\]Me , Maine.

- \[20\]Mee & W. , Meoson and Welsby's Reports, Ex.

- \[21\]Meigs , Tennessee.

- \[22\]Mer. or Meriv , Merrivale's Reports, Chancey.

- \[23\]Metc. (Sy) , Metcalfe, Kentucky.

- \[24\]Metc. , Metcalf, Massachusetts.

- \[25\]Mieh , Michigan.

- \[26\]Mich, N. P. , Michigan Cases at Nisi Prius.

- \[27\]Mieh, Pr. Rep. , Fuller's Michigan Practice Reports.

- \[28\]Middx. Sit , Sittings for Middlesex at Nisi Prius.

- \[29\]Miles , Miladelphia District Court.

- \[30\]Mill Const. , Mill, South Carolina Constitutional Court.

- \[31\]Miller , Mulisiana.

- \[32\]Mill. Dec. , Miller's Decisions, U. S. 5th Circuit Court.

- \[33\]Milw. , Milward's Reports, Irish Eelesistical.

- \[34\]Minn. , Minnesota.

- \[35\]Minor , Milama.

- \[36\]Misc. Rep. , Miscellaneous Reports, New York.

- \[37\]Miss. , Mississippi.

- \[38\]M, L. Rep. Super. C. Montreal Law Reports Superior Court.

- \[39\]M. & MeA , Montague and McArthur's Reports.

- \[40\]Mo. , Missouri.

- \[41\]Mo. , Moore's Report, K. B.

- \[42\]Mo, App. , Missouri Appeal, St. Louis Court of App.

- \[43\]Mo, App. Rep. , Missouri Appellate Reporter.

- \[44\]Mod. Ca. , Modern Cases.

- \[45\]Mod. C. La & Eq. 1, 2, -Mudern Cases in Law and Equity.

- \[46\]Mod. Ent. , Modern Entries.

- \[47\]Mod. Rep. , Modern Reports, K. B.

- \[19\] M. C. C. A. Negligenee and Compensation Cases Annotated. N. Chip. North Carolina Term Reports. N. C. Term R. N. Chipman, Vermont. N. D. No date, as applied to time of publications. N. D. North Dakota. N. E. Northeastern Reporter. Neb. Nebraska. Neb. Nelson's Reports, Chancey. Nev. Nevada. Nev. & M. Nevillo and Manning's Reports, K. R.

## Bibliography

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- \[3\] Rep. Ch. .1, Reports in Chinery.

- \[4\] Rep. Eq. .1, 1., 1.

- \[19\] Smed. & M. Ch........Snaudes & Marshall, Mississippi Chancey.

- \[20\] Sun. & G........Snaudes and Giffard's Reports, Chancey.

- \[21\] Smith. ........S Smith's Reports, K. B.

- \[22\] Smith (Ind.) ........S Smith, Indiana.

- \[23\] Smith (N. Y.).

- \[24\] Smith P. F........P. F. Smith (Pa.).

- \[25\] Smi. & Bat........S Smith and Batty's Reports, K. B. Ireland.

- \[26\] Sm. Con........S Smith's Contracts.

- \[27\] E. D. Smith. E. D. Smith, New York Common Plcas.

- \[28\] Sn. L. C........Smith's Leading Cases.

- \[29\] Smith, N. II........Smith (N. II.)

- \[30\] Sm. R. & L........Smith's Right & Law.

- \[31\] Smythe ........Snythe's Reports, C. P., Ireland.

- \[32\] Sneed (Ky.) ........Sneed, Kentucky Decisions.

- \[33\] Sneed (Tenn.) ........Sneed, Tennessee.

- \[34\] Sol. J........Solicitor's Journal.

- \[35\] Som. ........Sommer, Sonners.

- \[36\] South ........Southard, New Jersey Law.

- \[37\] South ........Southern Reporter.

- \[38\] Southard ........Southard (N. J.).

- \[39\] S. P........Same Point or Principal.

- \[40\] Speer ........Spars, South Carolina Law.

- \[41\] Speer ........Spars, South Carolina Equity.

- \[42\] Speel. ........Spoelman.

- \[43\] Speer, New Jersey Law.

- \[44\] Spottis ........Sir R. Spottiswood's Reports, Court of Sess.

- \[45\] Spottiswood's Styles, Scotland.

- \[46\] Spr. ........Sprague (U. S.).

- \[47\] Sprague's Decisions, U. S. Dist., Mass.

- \[48\] S. & S. ........SSimons and Stuart's Reports, Chancey.

- \[49\] S. & Sm. ........Searlie & Smith's Reports, Probate and Div.

- \[40\] Stair ........Lord Stair's Report, Court of Session.

- \[41\] Stant ........Santon (Ohio).

- \[42\] Stark, N. P........S.Starkie's Reports, N. P.

- \[43\] Stat. W'........Sstat. Westminster.

- \[44\] Steph. Com........S Stephen's Commentaries.

- \[45\] Stiles ........Stiles (Iowa).

- \[46\] Stew ........S Stewart, Alabama.

- \[47\] Stew ........S Stewart (N. J.).

- \[48\] Stew. & P........S Stewart & Porter, Alabama.

- \[49\] Stockt. ........Sstockton, New Jersey Equity.

- \[50\] Story, U. S. Circuit Court, First Circuit.

- \[51\] Stra. ........Strange's Reports, X. B.

- \[52\] Strob. Eq........Sstrobhart, South Carolina Equity.

- \[53\] Strob. ........Sstrobhart, South Carolina Law.

- \[54\] St. Tri. ........Sstate Trials.

- \[44\] Abbbreviations

- \[45\] Sty. .

## References

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- \[2\] U. S. United States.
- \[3\] U. S. App. United States Appeals.
- \[4\] Utah Reports.
- \[5\] Va. Virginia.
- \[6\] Va. Cas. Virginia Cases, Virginia.
- \[7\] Van Ness. Van Ness, Prize Cases, U. S. Dist. Ct.
- \[8\] Vaughan's Reports, C. P.
- \[9\] V. & B. Vessey and Beame's Reports, Chaneery.
- \[10\] Vent. Ventris' Reports, K. B.
- \[11\] Vern. Vernon's Reports, Chaneery.
- \[12\] Vern. & S. Vernon and Seriven's Rep., K. B., Ireland.
- \[13\] Ves. Vessey's Sen., Reports, Chaneery.
- \[14\] Ves. jr. Vessey's Jun., Reports, Chaneery.
- \[15\] Ves. & Swa. Ad. Swabey's Admiralty Reports.
- \[16\] Vin. Abr. Viner's Abridgment.
- \[17\] Vin. Sup. Viner's Supplement.
- \[18\] Vroom. Vroom, New Jersey Law.
- \[19\] V. S. V. Very scarce.
- \[20\] Ut. Vernout.
- \[21\] Walk. (Mich.) Walker, Michigan Chaneery.
- \[22\] Walk. (Miss.) Walker, Mississippi.
- \[23\] Walk. (Pa.) Walker's Pennsylvania.
- \[24\] Wall. Wallace, U. S. Supreme Court.
- \[25\] Wall. C. Ct. Wallace, U. S. Circuit Court, 3rd Circuit.
- \[26\] Wall. Jr. Wallace, Jr., U. S. Circuit Court, 3rd Circuit.
- \[27\] Wall. Sr. Wallace, Senior (U. S.).
- \[28\] Wallis' Reports, Chaneery, Ireland.
- \[29\] Warc . Ware, U. S. District Court, Maine.
- \[30\] Warc, 2d ed. Ware, Second Edition, U. S. District, Me.
- \[31\] Wash. Washington.
- \[32\] Wash. C. Ct. Washington U. S. Circuit Court, 3rd Circuit.
- \[33\] Wash. Law R. Washington Law Reporter (D. C.).
- \[34\] Wash. T. Washington Territory.
- \[35\] Wash. (Va.) Washington, Virginia.
- \[36\] Watts. Watson.
- \[37\] Watts. Watts, Pennsylvania.
- \[38\] Watts & S. Watts & Sergeant, Pennsylvania.
- \[39\] Web P. C. Webster's Patent Cases.
- \[40\] Welsh Registry Cases, Ireland.
- \[41\] Wend. Wend. Wend. New York Law.
- \[42\] West, ll. l. West's Reports, House of Lords.
- \[43\] West & H. West's Reports, Chaneery, temp. llardwieke.
- \[44\] Whart. Wharton, Pennsylvania.
- \[45\] Whart. St. Tr. Wharton's State Trials (U. S.).
- \[46\] Wheat . Wheaton, U. S. Supreme Court.
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Ct. App... .
