Volume InformationSource: The American Law Register and Review, Vol. 44, No. 12, Volume 35 New Series (Dec.,1896), pp. 815-835Published by: The University of Pennsylvania Law ReviewStable URL: http://www.jstor.org/stable/3305722 .

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INDEX.

ABSTRACTOR OF TITLES.

Right to inspect public records, 721.

ACCRETIONS. See Riparian Owners.

ACT OF GOD.

Breaking of dam, 772.

ACTIONS. Election of remedies, 58I. Power of attorney to dismiss, 184. Remedial-Damage for larceny, 519. Survival of for false representation, 770.

ADMINISTRATION OF JUSTICE, DELAY AND UNCERTAINTY IN THE. Article, 349.

ADMINISTRATION OF CRIMINAL LAW IN SCOTLAND, THE. Article, 619.

ADMINISTRATION OF LAW IN THE NISI PRIUS COURTS IN THE WESTERN STATES, OBSERVATIONS ON THE. Article, 509.

ADOPTION.

Right of child to inherit, 577. ADVERTISEMENT. See Evidence.

AGENTS. See Negligence; Princzipal and Agent; Interstate Com- merce.

ALIEN. Jurisdiction in suit by, 383.

AMENDMENTS. To statute in passage, II5.

AMERICAN PROGRESS IN JURISPRUDENCE. Article, 54r. APPEALS.

Proceedings in open court, 716. ARBITRATION.

Concurrence of arbitrators, 444. ARREST.

What constitutes, 318. ASSAULT AND BATTERY.

Chastisement of pupil by teacher, 89. ASSIGNMENT.

Claim of subrogation, 704. Compensation of executor, 647. For creditors-Right of creditor of firm and individual partner, 444. Fund not yet due, 5I9. Unearned salary of public officers, 519.

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ASSOCIATION, VOLUNTARY.

Membership in, 333. ATTACHMENT.

Execution-Salary of municipal offices, 791. Unregistered transfer of corporation stock, 258.

ATTESTATION. See Will.

ATTORNEY. Contempt for imputation against judge, 578. Liability for negligence, 9o. Power to dismiss action, I84. Privilege-Service of subpoena on, 577. Scandalous brief, I.

AUCTION. See Sale.

AUTHORS. See Copyright. BAGGAGE. See Carriers.

BAIL. Forfeiture in case of lunacy, 192.

BAILMENT. See Sleeping Car Companies. And conditional sale. Note, 335. Dressmaker a bailee for hire, 2.

Proprietor of theatre, 577. BALLOTS. See Elections.

BANKRUPTCY. Proof of guaranteed debt, 519.

BARBERS. Prohibition of Sunday work. Note, 401, 445.

BATH HOUSE. See Negligence. BETTING.

"Place " of, 3I9.

BICYCLES. Injury to pedestrians, 642.

BIDDLE v. HOOVEN. Article, 557.

BILL OF LADING. See Shipping. BILL OF SALE.

Effect of 'verbal conditions, 3. BOARD OF HEALTH. See Mandamus.

BONDS. See Corporation. Of several surety-Action on, 329.

BOOKMAKING. Not illegal under Betting Act, 327.

BOOK REVIEW. See Libel.

BOYCOTT. See Injunction. BRIEF.

Scandalous matter, i.

BUILDING ASSOCIATIONS. Fines, 770.

8I6 INDEX.

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INDEX.

BUILDING CONTRACT. Alteration of plans, 520.

BUILDING RESTRICTION. See Deed.

BURDEN OF PFOOF.

Insanity in crimininal cases, 94, 318. Note, 337.

BURGLARY. See Criminal Law.

BY-LAW. See Corporations; Insurance; Savings Banks.

CARRIERS. See Railroads; Sleeping Car Companies; Negligence; Street Railways; Electric Railways.

Accidents at crossings, 331. Coupon tickets over connected lines, 184. Delivery of ticket, 314. Ejection of passenger, 91, 314. Fare-Legal tender, 77I. Injury to passenger by third person, 381. Liability for passenger's property, 4, 256, 772. Liability on pass, 520. Limitation of liability. Note, 274, 772. Mileage books, 382. Negligence in heating cars, 314, 66o. Surrender of commutation ticket, 314.

CERTIORARI. Review of decision of political organization, 578. Trial of title of public office, I99.

CHAMPERTY. Share of unclaimed property for secret information, 578.

CHARITABLE BEQUESTS. Construction of, 773. Cy pres doctrine, 789. Gift to the poor, 92. "Orphan Asylums" to be designated by judge-Power of se-

lection, 798. Trust to maintain donor's monument. Note, 468.

CHARITABLE CORPORATIONS. See Corporations. Negligence of servants-Liability for, I85, 256. What constitutes, 256.

CHARITIES. See Charitable Bequests. Gifts to. Artzcle, 685. Limitation over after gift in deed-Perpetuities, 773. Uncertainty, 773.

CHARTER PARTY. See Shipping. CHEAT.

Retaining money given by mistake, 712.

CHECKS. See Negotiable Instruments. CHURCH PROPERTY. See Religious Societies. CITIZENSHIP. See Fourteenth Amendment.

CIVIL AND CANON LAWS IN ENGLAND, A SKETCH OF THE. Article, 141.

CLAIMS AGAINST GOVERNMENTS. Article, 2zo.

8I7

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COLLECTION AGENCY. Defamatory matter, 779. Threatening letters, 775.

COMITY. See International Law.

COMMERCIAL AGENCIES. Annotation, 31.

COMPETENCY. See Witness.

CONDITIONAL SALE. See Bailments.

CONFLICT OF LAWS. Consul of foreign nation, 642. False imprisonment. Note, 672. Federal courts and State decisions, i86. Limitation of carrier's liability, 520.

CONSPIRACY. See Injunction. CONSTITUTIONAL LAW. See Game Laws; Ground Rent.

Amendment-Submission to voters, 643. Confronted by witness-Reading former evidence, 774. Constitutional restraints upon the power and procedure of the

Legislature, Development in Pennsylvania of the. Article, 477. Due process of law-Closing barber shops on Sunday, 445. Eight Amendment, 5, 315. Exile from State, 5. Expository statutes, 25. Ex post facto law-Qualification for jurors, 388.

FIFTH AMENDMENT: Due process of law-Liberty, 173, 775. Incriminating testimony, 316, 317, 400. Note, 404, Trial for infamous crime, Io9.

Freedom of the press, 383. Freedom of speech, 775.

FOURTEENTH AMENDMENT:

Abridgment of privileges-Separate cars for colored per- sons, 445. Note, 668.

Citizenship, x86. Note, 206. Due process of law-Liberty of contract, 256.

Equal protection of the laws "-Sunday laws. Note, 401. Exclusion of colored citizens from jury service, 396.

Twice put in jeopardy, 5, 44, 522, 645.

Impairment of obligation of contract. Note, 597. Judgments-" Full faith and credit," 385, 787. Judicial power of United States, 642. Legislative apportionment, 189, 445. Reduction of public officers' salaries during term, 656. Rights of majority to govern, 642. Sixth Amendment, I 13. Special laws, 190, 445. Thirteenth Amendment, 445. Note, 668. Trial by jury, 328.

CONTEMPT. Application for another judge, 384. Effect of habeas corpus in proceeding of, 317. Imputation of misconduct against judge, 578. Newspaper publications, 446. Purgation, 578.

818 INDEX.

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INDEX. 819

CONTRACTS. See Building Contracts; Husband and Wife; Mar- ried Women.

Breach of, induced by tort-Damages, 333. Damages in for mental anguish. Note, 800.

GAMBLING:

Lottery, 257. Stockbroking, Ioo, 262, 448.

Illegal purpose-Contribution between wrongdoers, Note, 804. Impairment of obligation, 257. Note, 597. Latent defect, 385. Liberty of, under Fourteenth Amendment, 256. Malicious interference with. Note, 674.

PUBLIC:

Deposit on-A penalty, 459. Lowest bidder, 657. Note, 732, 790.

CONTRIBUTION. See Contracts; Principal and Surety; Trusts.

CONTRIBUTORY NEGLIGENCE. See Master and Servant; Negli- gence; Street Railways.

CONVERSION.

Equitable. See Will.

CONVICTS. Jurisdiction over, 6.

COPYRIGHTS. Common law rights of author, 447. Cuts in trade catalogue, 318. Infringement of design, I9r. Infringement of unpublished information, 258.

CORPORATIONS. See Charitable Corporations ; Municipal Corpora- tions.

ANNUAL REPORT-LIABILITY FOR FAILURE TO FILE. Directors, 386. Stockholders, 644.

Bonds of foreign-Tax on, 398, 795. Call on shares by order of court, 385. Directors-Notice of meetings, I91, 447.

ELECTIONS: Powers of agent to vote, 644. Rejection of ballots, 386.

Insolvency-Preferred claims, 644. OFFICERS:

As witnesses in transactions with decedents, 386. Embezzlement by, 261. Misfeasance-Auditors, 579.

Service of process, 318, 387. STOCK:

By-law on alienation of-Validity, 521. Issued full paid-Rights of holder, 387. Neglect to register certificate of transfer-Rights of pur-

chasers, 258. Pooling, 386. Purchase of another corporation's-Liability for tort, 92.

Ultra vires, 645. Voting by proxy, I92, 775.

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COVENANTS. In deed-Building restrictions, 448. In lease-Against " Offensive business," 264.

CRIMINAL LAW. See Constitutional Law; Liquors. Bribing voters, 781. Carrying concealed weapons, 388, 773. Confronted by witness, 774. Excessive sentence-Effect on conviction, 6. Forfeiture of bail-Lunacy, 192. Fortune telling, 521.

HOMICIDE: Excusable, 650. Corpus delicti, 650.

Inducement to commit crime for detection, 380. In force in Italy. Article, 696. Insanity-Burden of proof, 94. Note, 337, 378. In Scotland, administration of. Article, 6I9. Jurisdiction of Circuit Court, 5.

LARCENY: Appropriation of property innocently acquired, 8. By servant-Liability of master, 455. In foreign country, 259.

Power to enter nolle prosequi, 7. Practice-Right to open and close argument, 716.

CROSSINGS. See Railroads; Street Railways.

CRUELTY TO ANIMALS. Domestic, 259. Shooting birds from trap, 777.

CY PRES. See Charitable Bequests. DAMAGES. See Trademark.

Change of grade of street, 200. In contract, for mental anguish. Note 800. Inducing breach of contract, 333. Insurance against liability for, 72. Loss of society, 259. Unliquidated-Interest on, 324.

DEATH.

Presumption from absence-Infants, 259,

DECEDENT. See Witness.

DECEIT. False representation in prospectus, 319.

DEEDS.

Building restriction, 448, 645. Construction-Punctuation, 192. Escrow-Delivery to grantee, 9. Reservation-Rights of grantor on destruction of property, 580.

DE FACTO OFFICE. Collateral attack of. Note, 272. Payment of salary of, 72I.

DEMURRER. See Pleading. To evidence-Plaintiff compelled to join, 328.

820 INDEX.

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INDEX.

DESCENT. See Inheritance.

DETECTIVE. Crime induced by, 380.

DISCOUNT. Rebate of interest, 58r.

DIVIDENDS. Title to-Life tenant and remainderman, 716.

DIVORCE. Proceedings pending in another State-Validity, 778.

DOMESTIC ANIMALS. Cruelty to, 259.

DONATIO MORTIS CAUSA.

Delivery, 646. In contemplation of suicide, 260.

DOWER. Grantee of dower interest-Rights against tenant, 326.

DRAFT. Indorsement to fictitious person. Note, 665.

EASEMENT.

Abandonment, 19. Appurtenant-Light and air, 260.

EIGHTH AMENDMENT. See Constitutional Law.

ELECTIONS. See Corporations. Contemporaneous in several districts-Failure to hold one, 779. Contest-Ballots as evidence, 320. Illiterate voter-Ballot marked by election officer, 97. Marking ballots, 9, Io, II, 97, 192, 26r, 523, 781. Minority representation, 642.

NOMINATIONS.

By petition-Rights of political parties, 779. In districts of several counties, 779. Powers of Secretary of State in certifying, 523. Note, 66I.

Officers of political organization-Certiorari, 578. Presidential electors-State officers, 646. Printing of ballots, 9, 96. Qualification of voters, 647. Record of election board-Inspection of, 792. Regularity of-Absence of officers, 448. Special ballot laws, 781. Validity of ballots, 97, Viva voce vote-Change on mistake, 780. Voting machines, 781,

ELECTRIC RAILWAYS. Liability where wires cross, 99, 389, 647. Snow on track-Vis. major, 524.

ELECTRIC WIRES. See Negligence. EMBEZZLEMENT.

Insurance against-Liability on bond, 263. Note of corporation by officer, 261. Railroad tickets, 389.

821

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ENDORSEMENT. See Negotiable Instruments.

EQUITY. Pleading, where failure to number paragraphs of bill, I93.

ESTATES. See Mortgages. EVICTION.

By landlord, 788.

EVIDENCE. Advertisements, 2, 52I. Ballots as in election contests, 320. Confronted by witness-Evidence at another hearing, 774. Intention in case of assault, 89. Pedigree-General reputation in family, 582. Photographs, 782. Possession of burglar tools-Intention, 7. Presumption of death from absence, 389. Res gestae, 88. Similar accidents-Notice, 389.

EXECUTION. Exemption, I93. Writ of fieri facias-Breaking door, Ii.

EXECUTIVE OFFICERS.

Right to disobey unconstitutional statute, II5.

EXECUTOR. Assignment of compensation, 647.

EXEMPTION. See Execution.

Liability to employe riding on free ticket, 125.

EX POST FACTO LAW. See Constitutional Law.

EXTRADITION. Article, 749. Judgment and power of committing magistrate, 262, 320. Warrants procured by false affidavits, 782.

FALSE DEMONSTRATIO. See Wills.

FALSE IMPRISONMENT. See National Guard. What constitutes. Note, 672.

FALSE REPRESENTATION. See Deceit. Survival of the action, 770.

FARE Legal tender, 77I.

FEDERAL COURTS. Follow State decisions, I86. Jurisdiction of parties-Injunction, 380, 382.

FELLOW-SERVANTS. See Master and Servant.

Engineer and porter, II4. Engineer and switchmen, 394. Gang boss, 393. Person in charge of engine or train, 267. Section foreman, 393, 457. Telegraph operator and train hands, 654. Track repairer and motorman, 591.

FEES. See Witness.

822 INDEX.

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FIERI FACIAS. See Execution.

FIFTH AMENDMENT. See Constitutional Law.

FINDER. See Lost Property. FINES.

Building Associations-Liquidated damages, 770. Cumulative, 315, 770. Waiver of, 77I.

FIRE PATROL. Ordinance against fast driving, 457.

FIXTURES.

Tapestry, 648. FOOD

Sale of unwholesome. Implied warranty, 459. FOREIGN JUDGMENT. See International Law.

FORGERY- Of telegram, 320.

FOURTEENTH AMENDMENT. See Constitutional Law.

FREEDOM OF THE PRESS. See Constitutional Law.

FREEDOM OF SPEECH.

Threatening letters by collection agency, 775. GAMBLING CONTRACTS. See Contracts.

GAME LAWS. Transportation of game-Interstate commerce, 325. Prohibition of possession or sale, 649.

GAS WORKS. Breach of statutory duty-Remedy, 449.

GIFTS TO CHARITIES. Article, 685. GOODWILL.

Sale of-Soliciting old customers, 262. Note, 730. GOVERNMENT, CLAIMS AGAINST. Article, 290.

GROUND RENT. Biddle v. Hooven. Article, 557.

GUARANTY OF CREDIT-See Insurance.

HABEAS CORPUS. Arrest of retired officer, 112. Effect in contempt proceedings, 317.

HIGHWAYS. Law of the road, 449. Trolley poles along-Validity of ordinance authorizing. Note, 536.

HOMICIDE. See Criminal Law.

HORSE RACING. Evasion of statute against, 650.

HUSBAND AND WIFE. See Married Women. Contracts between-Enforcement in equity, 321. Death by negligence-Recovery for loss of society before death, 259. Money given by wife to husband-Resulting trust, 725. Separate estate-Power to devise free from curtesy, 784.

823 INDEX.

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INCRIMINATING TESTIMONY. See Witness.

INDICTMENT.

Sufficiency of, I6, 389.

INDEPENDENT CONTRACTOR. See Principal and Agent.

INDORSEMENT. Of draft to a fictitious person. Note, 665.

INFANTS. Parental authority, 449. Presumption of death from absence, 259.

INFRINGEMENT. Copyright design, 19r. Trademark-Damages, 398.

INHERITANCE. Murder of ancestor-Effect of. Note, 123, 338, 448. Rights of adopted child, 577.

INHERITANCE TAX. See Tax.

INJUNCTION. See Commercial Agencies. Against boycott, I96, 380. Against conspiracy, 382. Against disclosing trade secret, 399, Against enforcing invalid ordinance, I5. Against erecting statue of deceased person, I . Against infringing right in unpublished information, 258. Against location of shunpike, 726. Against nuisance which is a statutory crime, 198. Against prize-fighting, Ioo. Against sale of liquors by social club, 784. Against submitting constitutional amendment to voters, 643. Against trespass on church property by a faction, 331. Against trespass on game preserve, 796. Against unlawful means to cause a strike, 22.

Against use of trade name, 461. INSANITY. See Insurance.

Burden of proof in criminal cases, 94, 318. Note, 337. INSURANCE.

ACCIDENT: Caused by fright, 583. Construction of policy, 263, 583. Contract of indemnity, 653. Inhaling gas, 263. Notice of death-Sufficiency, 785.

Against liability for damages, 721. Casualty-Validity, 450.

FIDELITY: Acts of service, 323. Certificate of good character-Knowledge of officers, 323. Construction of policy, 718, 719. Liability on bond, 263. Notice of loss-Reasonable time, 322. Proofs of loss, 323, 324. Remedy of insurer against employe, IO5.

824 INDEX.

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INDEX.

Construction of policy-Parol evidence, 587. Ignition of soot in chimney, 451. Insurable interest, 526. Notice of change of title, 720. Rights of insurer to subrogation, 785.

GUARANTY OF CREDIT:

Interpetration, 451. Power of agents, 321. Insolvency of insurer-Recovery of unearned premiums, 586. Proof of loss, 586.

LIIFE: Death by poison, 389. Insurable interest in. Article, 65 ; Article, i6I. Mutual-By-law against suicide, 587. Murder by insane beneficiary, 390. Vitiated by suicide, Io3. Note, 339.

MARINE :

Freight-Commencement of risk, 653. Total loss, 196.

Stipulation for separate suits against underwriters, 526. Total loss, 582.

INTERSTATE COMMERCE. Agents, o16. Competitive rates, 451. License tax-Peddlers, 393. Occupation tax, 393. Penalty for failure to deliver telegraph message, 383. Powers of commission, 451. Prohibition of Sunday trains, 390, 531. Prohibition against consolidation of competing roads, 396. Stoppage of trains by State law, 453. Transportation of game, 325.

INTOXICATING LIQUORS. See Liquors.

ITALY, CRIMINAL LAW IN FORCE IN, THE. Article, 696.

JOINT OWNERS.

Voting Corporation stock by proxy. 192.

JUDGES. Disqualification by interest, 107. Imputation of misconduct against, 578.

JUDGMENTS. Against one joint obligor-Merger of debt, 588. Call on shares of corporation-Effect, 385. " Full faith and credit," 385, 787. Scire facias to revive-Effect, 325, 787.

JURISDICTION. Circuit Court of Appeals in criminal cases, 5. Federal Courts in injunction-Parties, 380, 383. Indictment, as to sufficiency of, 6. State Court over foreign counsel resident in State, 642. To set aside quotient verdict in criminal case, II6.

JURISPRUDENCE, AMERICAN PROGRESS IN. Article, 541.

825

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JURORS. Change in qualification-Ex post facto law, 388. Competency, 264. Disqualification by affinity, Io9. Misconduct, 654.

JURY. Failure to agree-Remarks of judge on, ground for reversal, 533.

JUSTICE, DELAY AND UNCERTAINTY IN ADMINISTRATION OF. Article, 349.

KIDNAPPING.

Taking a child by father, 325.

LANDLORD AND TENANT.

Apartment house-Liability to visitors, 454. Eviction, 788. Mortgagee taking possession of goods, 527. Purchase by tenant at tax sale, 326. Sub-lease, 17. Tenant of dower interest-Death of dowress, 326.

LAND GRANTS. Forfeiture of-Rights of creditors, 387.

LATENT DEFECT. See Contract.

LATERAL SUPPORT.

Injury to land by loss of, 525. Note, 663. LAW OF THE ROAD. See Highways. LAW SCHOOL, THE. Note, 727.

LEASE. Covenant in against "offensive business," 264. Unauthorized railway. Note, 201.

LEGAL EDUCATION. Article, 361. Methods of. Note, 121.

LEGAL TENDER. For car fare, 77I.

LEGISLATIVE APPOINTMENT. See Constitutional Law.

LEGISLATURE, THE DEVELOPEMENT IN PENNSYLVANIA OF CONSTITUTIONAL RESTRAINTS UPON THE POWER AND PROCEDURE OF THE. Article, 477.

LIBEL. Comment on suit in court, 454. Criticism in book review, 265. Degree of care required of newspapers, 326. Liability of editor of newspaper, 1I97. Libelous words-" Slippery," 527. Per se, 455, 654.

PRIVILEGED COMMUNICATIONS: Candidate for office, i8, 588. Mercantile reports, 34, 588. Public officer, 454.

Statements in judicial proceedings, 326. LICENSES,

Vendors-Constitutionality, 788.

826 INDEX.

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LIENS. Vendors for purchase money. Note, 670.

LIFE ESTATE. Payment of charge by tenant, I97.

LIMITATION. See Statute of Limitations.

LIQUORS. Illegal sale by servant-Liability of master, 453.

"LOAN " of, not a sale, 653. Sale and appropriation-Effect, 39I. Sale in social clubs, 17, 392, 784.

LOAN. See Public Funds.

LOST PROPERTY. Rights of finder and owner of land where found, 588.

LOTTERIES. Insurance policies, 590. Gifts with sales, Io9.

MAGAZINE, THE. Note, 66i.

MAGISTRATE. Hearing before-Twice put in jeopardy, 94. Judgment of in extradition proceeding, 262, 320.

MAILS.

IMPROPER USE.

Defamatory matter, 789. Scheme to defraud, 266.

MALICIOUS PROSECUTION. Probable cause, 455. Note, 672.

MALPRACTICE. Compensation for service, 395.

MANDAMUS. Against Board of Health for property destroyed, 578. By lowest bidder in public contract, 656. To allow inspection of public records, 721, 792.

MARRIAGE AND DIVORCE LAWS, UNIFORMITY OF. Article, 221.

MARRIED WOMEN. Contracts of. Note, 727. Property acts-Tenancy by entireties, 195.

SEPARATE ESTATE: Power to devise free of curtesy, 784. Restraint on anticipation, 455.

MARTIAL LAW. Arrest of retired officer, IIo. Due process of law, II3. Habeas corpus, II2. Persons subject to, IO9

MASTER AND SERVANT, See Fellow-Servant. Contributory negligence, 393, Illegal sale of liquor by servant, 455. Larceny by servant, 455. Liability for acts of fellow-servant, 267. Uninsulated electric wire, 647.

827 INDEX.

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828 INDEX.

MECHANICS' LIEN.

Liability of land where building destroyed, 205. MENTAL ANGUISH. See Damages. MERCANTILE REPORTS. See Libel.

MERGER. See Judgments. MORTGAGES.

Bonds secured by-Equal in priority, 655. Consolidation and redemption, 456. Insurable interest-Mortgagor after conveyance of equity, 526. Life estates, present and expectant-Apportionment of interest, 58i. Possession of goods by mortgagee, 527. Right of mortgagee against grantee of premises, Note, 802.

SUBROGATION.

Claim to-Assignable, 708. Notice of change of title in fire insurances, 720. On payment of first mortgage, 397.

MUNICIPAL CORPORATIONS. Defective waterworks-Liability for loss by fire, 394. Letting of municipal contracts. Note, 732. Liability for negligence of independent contractor, 328. Liability to indemnify officer, 394.

ORDINANCES.

Creating office, I97. Prohibiting lawful trade, 268. Reasonableness of, 327, 457.

MUTUAL BENEFIT SOCIETY. Transfer of membership, 264.

NATIONAL GUARD.

Authority of officer to imprison members, 591. NEGLIGENCE. See Charitable Corporations, Electric Railways, Mas-

ter and Servant, Railroads.

Agent, who is, I8. Attorney, go. Bathing resort-Duty towards patrons, 457. Note, 465. Dangerous premises, 395. Death from-Recovery for loss of society before, 259. Electric wires, 524, 647, 717. Employe riding on free ticket, 725- Imputed-Parent and child, 527.

LIABILITY FOR. Extension of. Note, 208. Limitation of by contract, 772.

Passenger alighting from street car-Contributory negligence, 794. Persons engaged in common enterprise, 528. Proximate cause, 790.

RAILROAD CROSSINGS. Electric bell, 657. Safety gates, 268.

STREET RAILWAY CROSSING.

Degree of care, 33I. Stop, look and listen rule, 53I.

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NEGOTIABLE INSTRUMENTS.

CHECKS. Dishonor of-Right of action by depositor with funds.

Article, 246. Endorsement. Note, 464.

Drafts-Endorsement to fictitious person. Note, 665. Promissory note-Negotiability, 592. Note, 595; Note, 734.

NEGROES. See Constitutional Law.

NEUTRALITY LAW. Violation of, 457.

NEWSPAPER. See Contempt. Degree of care to avoid libel, 326. Liability of editor for libel, 197.

NISI PRIUS COURTS IN THE WESTERN STATES, OBSERVA- TIONS ON THE ADMINISTRATION OF LAW IN. Article, 509.

NOLLE PROSEQUI. Po xver to enter after conviction, 7.

NOMINATIONS. See Elections. Certification by Secretary of State under the "Australian Ballot

Laws." Note, 66i. NOTARY PUBLIC.

Woman as, 446. NUISANCE.

Injunction, where a statutory crime, 198. Public-Special damage, 529. Sewage, 790.

OFFICES. De facto. Note, 272. Disqualification by incompatibility, I8.

ORDINANCES.

Invalid-Injunction against enforcing, I5. Prohibiting lawful trade, 268. Reasonableness of, 327, 457.

ORIGINAL PACKAGE. Under Interstate Commerce, Io6.

ORPHANS' COURT IN PENNSYLVANIA. Article, 438. PARDON.

On condition of leaving State, 5. PARLIAMENTARY LAW.

Quorum, 19. Refusal of chairman to put motion, 327.

PARRICIDE. Right to inherit. Note, 123.

PARTNERSHIP. Action for account-Illegal business, 327.

PASSES. See Railroads. PATENTS.

Taken out by employe-Rights of employer, 529.

829 INDEX.

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PEDDLERS. See Interstate Commerce.

PEDIGREE. See Evidence.

PENSIONS. Rules of Soldiers' Home, 792.

PERCOLATING WATERS. See Water Courses.

PERPETUITIES. See Charities..

PHYSICIANS. See Malpractice. Privileged communications-Waiver, 117.

PLEADING. Demurrer-Agreed statement of facts, 328. Equitable set-off, 659. Scandalous matter, I.

POISON. See Insurance.

POLICE POWERS. See Sunday Laws.

POSTAGE STAMPS. Die for making fictitious, 655.

POWERS. Construction of devise of, 334. Exercise of, 334.

PRISSIDENTIAL ELECTORS. See Elections.

PRESUMPTIONS. Death from absence-Infants, 259.

PRINCIPAL AND AGENT. Independent contractor, 328. Powers of agent, 530, 644.

PRINCIPAL AND SURETY. Contribution among sureties, 329. Release of surety, 531. Several bond-Actions on, 329.

PRIVILEDGED COMMUNICATIONS. See Libel; Physicians. PRIZE FIGHT. See Injunctions. PROMISSORY NOTE. See Negotiable Instruments.

PROMOTERS. See Corporations. PROSPECTUS.

False representations in-Liability to purchaser of shares, 319. PROXIMATE CAUSE. See Negligence. PUBLIC CONTRACTS. See Contracts.

PUBLIC FUNDS. Deposit of not a loan, 646.

PUBLIC OFFICERS. See Offices. Appointment and removal where no term fixed, 269. Assignment of unearned salary-Public policy, 516. Defacto-Payment of salary, 721. Disqualified by interest in public contracts, 79I. Liability for official acts, 329. Liability of public treasurer for moneys lost without negligence.

Note, 662. Lieutenant-Governor acting as Governor-Salary, 529. Reduction of salary during term, 636. Trial of title to, 199.

830 INDEX.

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PUBLIC POLICY.

ASSIGNMENTS.

Compensation of executor, 647. Salary of public officer, 519.

Casualty insurance, 450. Contract of lottery, 257. Pooling coporation stock, 386. Stipulation for separate actions against underwriters, 526. Voting coporation stock by proxy, 192.

PUBLIC RECORDS. Right of inspection, 721, 792.

PURCHASE MONEY. Vendors lien for. Note, 670.

QUIET ENJOYMENT. Under sub-lease, I7.

QUORUM. As determined by roll-call, I9.

QUO WARRANTO. Trial of title of public officer, I97.

RAILROADS. See Carriers; Corporations; Interstate Commerce; Negligence.

Control of competing roads, 395. Coupon tickets of connected, 184, 657, 771. Crossings-Electric bell, 657. Ejection of passenger, 91, 314. Heating cars-Negligence in, 314. Land grant to-Forfeiture, 387. Liability to employe riding on free ticket. 725. Mail car-Person posting letter in a licensee, 330. Passes-Cancellation of, I5.

REGULATIONS: Delivery of ticket, 314. Surrender of commutation ticket, 314.

Relief fund-Fourteenth Amendment, 256. Reorganization-Validity of voting trusts. Article, 413. Right of way, 19. Torts-Priority of claims for over mortgage, 658. Unauthorized lease. Note, 201.

REAL ESTATE. Sufficiency of title in suit for specific performance, 794.

REGISTRATION OF TITLE TO LAND. Article, 605. RELIGIOUS SOCIETIES.

Property rights, 33I. REMOVAL OF CAUSES.

Equal protection of law, 396. RESTRAINT ON ANTICIPATION. See Married Women.

Accrued income, 455. REVERSAL.

Remarks of trial judge-Ground for, 533. REVERTER.

Land granted for special purpose. Note, 402.

83I INDEX.

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RUSSELL, LORD. Note, 534. SAFETY GATES. See Railroads.

SALES. Auction-Advertisement, 2. Conditional-Bailment. Note, 335. Goodwill-Soliciting old customers, 262. Note, 730.

SAVINGS BANKS. By-laws-Liability for payment of deposits, 658.

SCIRE FACIAS. See Judgments.

SEAL OF OFFICE. Essentials to validity, 79I.

SENTENCE. Excessive-Effect on conviction, 6.

SEPARATE ESTATE. See Married Women.

SET-OFF. See Pleading. SEWAGE. See Nuisance.

SHIPPING. Bill of lading-Excepted perils, 659. Charter party-" Safe port," 459, Discharge of cargo at intermediate point, 659.

SKETCH OF THE CIVIL AND CANON LAWS IN ENGLAND, A. Article, I41.

SLEEPING-CAR COMPANIES. See Carriers.

Duty to provide warm cars, 660. Liability for passengers' property, 4, 256.

SOCIAL CLUBS. Sale of liquor, I7, 392, 784. Sunday laws, 332.

SOLDIERS' HOME. Rules as to pensions of inmates, 792.

SPECIAL LAWS. See Statutes.

SPECIFIC PERFORMANCE. See Coutract; Real Estate.

STAMPS. See Postage Stamps.

STATUTES.

AMENDMENTS: Adoption in passage, I 5. Constitutionality, 794.

Enactment-Journals as evidence, 397. Expository, not unconstitutional. Article, 25. Passage of, 20.

Special laws, 190. Strict construction-Derogation of common law, 644. Unconstitutional-Executive officers to enforce, II5.

STATUTE OF FRAUDS. Repayment of value of worthless stock, 650.

STATUTE OF LIMITATIONS. Waiver of. Note, 593. When begins to run, 326.

832 INDEX.

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INDEX.

STOCKS. Dividends-Title to, 716.

STOCK BROKING. Gambling contract, 262. Recovery of margin, Ioo.

STOP, LOOK AND LISTEN RULE. See Street Railways. STREETS.

Damages on change of grade, 200.

STRIKES. See Injunctions. STREET RAILWAYS. See Carriers.

CONTRIBUTORY NEGLIGENCc. Passenger alighting from car, 794. Riding on rear bumper, 33I.

Crossings-Degree of care required at, 331. Stop, look and listen rule, 53I.

SUB-LEASE. Quiet enjoyment under, 17.

SUB-PARTNER. Sharing profits. Note, 534.

SUBPCENA. See Attorney. SUBROGATION. See Mortgages.

Lender of money used to satisfy lien, 726. Rights of insurer to, 785.

SUICIDE. See Donatio Mortis Causa; Insurance. SUNDAY LAWS. See Interstate Commerce; Social Clubs.

Police power. Note, 40I. SUNDAY NEWSPAPER.

Tax on sale-Interstate Commerce, 393. SURETY. See Principal and Surety. TAX.

INHERITANCE:

Legacy to United States, 450. Stocks and bonds of foreign corporation, 795.

License-Interstate Commerce, 393. Occupation-Interstate Commerce, 395. Succession-Bonds of foreign corporation, 398.

TELEGRAM. Forgery of, 320.

TELEGRAPH COMPANIES. See Interstate Commerce.

TELEPHONE COMPANIES. Negligence of messengers, 270.

TENANCY BY ENTIRETIES. Abrogated by Married Women's Property Acts, I95.

TESTAMENTARY CAPACITY. See Wills.

TESTIMONY. See Constitutional Law.

THEATRE. Proprietor of not bailee, 577.

833

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TICKETS. COUPON:

Construction of, 657. Of connected railroads, 184, 77I.

Free to employe-Liability on, 725. Lost, 3I4.

RAILROAD.

Subject of embezzlement, 389. Surrender of, 314.

TITLE TO LAND, REGISTRATION OF. Article, 605.

TORTS. Claims for-Priority, 658. Inducing breach of contract, 333. Note, 674. Liability of corporation purchasing stock of another, 92. Procuring discharge of servant, 591.

TOTAL LOSS. See Insurance.

TRADEMARK.

Infringement of damages, 398. TRADE NAME.

Use of same descriptive words, 46I. Use of similar-Equitable relief, 398.

TRADE SECRET. Use or disclosure of by employes, 399.

TRESPASS. See Injunction. TRIAL.

Remarks of judge-Ground for reversal, 533.

TROLLEY POLES. See Highways. TRUSTS AND MONOPOLIES.

Standing of members of in equity, 796. TRUSTS AND TRUSTEES.

Breach of-Contribution by co-trustee, 462. Resulting-Husband Wife, 725. To maintain donor's monument-Charitable bequest. Note, 268.

TURNPIKES.

Injunction against shunpike, 726. ULTRA VIRES. See Corporations. UNCHASTITY.

Ground for impeaching veracity. Note, 273.

UNITED STATES. Suits against, 399.

UNLIQUIDATED DAMAGES. Interest on, 324.

USURY. Instalment debt-Voluntary payment before due, 797.

VERDICT. Absence of defendant, 522. Quotient, in criminal prosecution, II6.

834 INDEX.

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INDEX.

VESTED RIGHTS. Limitation by legislature of a previous general grant of power, 396.

VICE-PRINCIPAL IN PENNSYLVANIA, THE. Article, 763.

VIS MAJOR. See Electric Railways.

VOLUNTARY ASSOCIATIONS. Membership in-Resignation, 333.

VOTERS. See Elections.

VOTING TRUSTS, IN RECENT RAILROAD REORGANIZATIONS, VALIDITY OF THE. Article, 413.

WAGERS. Recovery of, Ioo.

WAIVER.

Of fines-Building Associations, 770. Of privileges, II7.

WARRANTY.

Implied, 459.

WATER COURSES, Percolating waters, 399, 797.

WILLS. See Charitable Bequests. Attestation-Name of witness signed by another, 334. Construction of, 334. False demonstration, 660. Equitable conversion, 718. Interpretation. Note, 467. Limitation of amount one may take by. Article, 232. Testamentary capacity-Belief in spiritualism, 399. Validity of devise-Murder of testator by devisee, 116.

WILSON, JAMES. The works of. Article, 633.

WITNESS. See Incriminating Testimony. Competency, where a party deceased, 24, 200, 386. Consulting physicians-Competency, I 7. Fees, 463. Impeachment of veracity-Unchastity. Note, 273.

WRITS.

Exemption from service, 533. Service on corporation, 378, 387.

YOUNG MEN'S CHRISTIAN ASSOCIATION. Not a charitable corporation, 256.

835

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