Volume InformationSource: The American Law Register (1898-1907), Vol. 50, No. 12, Volume 41 New Series (Dec.,1902), pp. 747-762Published by: The University of Pennsylvania Law ReviewStable URL: http://www.jstor.org/stable/3306468 .

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IN DEX

OF

ARTICLES, PROGRESS OF THE LAW AND NOTES BY SUBJECTS.

(Articles and notes are indicated. Other subjects are in the Progress of the Law.)

ADMINISTRATORS. Contracts, 358. Prior acts of executors, 358.

ANIMALS. Thieving dogs, 592.

ARBITRATION. Statute of frauds; water rights, 4i6.

ASSAULT. Mental suffering, 592. What constitutes, 593.

ASSIGNMENT. Advances to assignee, 477. Equitable, attorney's fees, 290. Fraud, 283. Salary of public officers, 358.

ASSOCIATION. Law of, University of Pennsylvania Examination (note), 606.

See also Corporations, Municipal Corporations and Partnership.

ATTACHMENT. Discharge, 653.

ATTORNEYS. Compensation, contract, 539. Contingent fee, 734. Counseling disobedience of an order of court, 174. Grounds of disbarment, 227. Settlement of suit, 50.

BAILMENT. Warehouseman, 477.

BALLOTS. Double marking, 35I.

BANKRUPTCY. Amending claim, 654. Assets, estate devised, 227.

747

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748 INDEX.

BANKRUPTCY (Continued). Assignor's estate, 654. Breach of promise of marriage, I05. Corporations, subject thereto, 478. Debts not released, 50. Effect of discharge; judgment for libel, 478. Effect of federal act upon state insolvency laws (article), 211. Exemption in Pennsylvania, 5I. Exemptions, I74. False statements by bankrupt, I05. General assignment, allowance to assignee, 539. Membership in stock exchange, expulsion, 283. Partnership, I05, 735 Setting aside transfer, 653. State law, 653. Watch as implement of trade, 283.

BANKS. Drafts for collection, 4i6. Liability of directors, 478. Signature cards, 479.

BENEFIT SOCIETY. Change of by-law, 479.

BILLS AND NOTES. See Negotiable Instruments.

BOUNDARIES. Thread of river, 35I.

BROKERS. Commissions, 539. Commissions, when earned, io6.

BUILDING AND LOAN ASSOCIATIONS. Full paid stock, I75. Rights of borrowing stockholder, 540. What law governs? 480.

BUSINESS COMPETITION. Interfering with business of others, 35I.

CARRIERS. Assault on passenger, 54I.

Charges, 655. Construction train, 54I. Death of animals, 48i. Duty to carry sleeping cars (note), 430. Ejection of passenger, 542. Extra fare, 482. Insufficient accommodations, action for death, 284. Interstate commerce law, 352. Law governing contract, I75. Liability of lessor, 736. Limitation of liability, burden of proof, 48I. Limiting liability, valuation of shipment, 284. Mistake of conductor, 540. Passengers: essentials of relationship, 593.

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INDEX. 749

CARRIERS (Continued). Punitive damages, 655. Special tickets, transfer prohibited, 284. Street railways, transfers, 735. Taking up ticket, 352. Terminal company, 353. Trespasser, 482. Waiting rooms, 482.

See also Railroads.

CHAMPERTY. Contingent fee, 594.

CIVIL LAW. Jus gentium and law merchant (article), 375.

CODE PLEADING. Petition, distinct theory, 542.

CONFLICT OF LAWS. Construction of wills (article), 63I. Limitation of liability by carrier, 542. Notes; bona fide holder, 483.

CONSPIRACY. Procuring another's discharge, 285.

CONSTITUTIONAL LAW. Attachment against non-residents, 543. Bankruptcy act, 655. Carriers, long and short haul, 286. Damages to freight, 544. Delegation of legislative powers, 229. Foreign corporations, privileges of, 736. Interstate commerce, 229, 543. Intoxicating liquors, 656. Limiting charges by stockyards, 285. Obligation of contracts, 543. Suit against a state, io6.

See also Former Jeopardy and Special Legislation.

CONTEMPT OF COURT. Conspiracy to defeat injunction, 286.

CONTRACTS. Agreement to sell land, mutuality of mistake, 50. Benefit of third parties (note), 430. Breach, failure of crop, I07. Damages for breach of contract, 229, 544. Damages given in equity in lieu of a specific performance

(article), 394. Definiteness, 656, (note), 739. Delivery of goods, recovery, 228. Discharge in bankruptcy, revival of debt, 287. Joint contract, parties, I75. Limiting liability for negligence (note), 430. Making wills, specific performance, 544.

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750 INDEX.

CONTRACTS (Continued). Misrepresentation, rescission of contract, 232. Mistake, 594. Moral obligation, 228. Option, specific performance, 545. Performance of a pre-existing contract as consideration (note),

555. Provision against assignment, 656. Public policy, 737. Public policy, restraint of competition, 227. Railroads, exclusive use of switch, 286. Railroads, validity, 656. Refusal to perform; retraction, 483. Repudiation, action for installments, 228. Specific performance (article), 25I, 523, 639.

See also Specific Performance. Transferability, 544.

See also Damages and Sales.

CONVERSION. Judicial sale, 594. Reorganization of railroad, 484.

CORPORATIONS. Certificate, taking out of state, 288. Consolidation; assumption of debts, 484. Contracts with stockholders, 545. Dissolution, I76. Insolvency, right to prefer directors, 287. Jurisdiction, appointment of receiver, 288. Personal liability of directors, 230. Preference, invalidity, 353. Preference to director, burden of proof, 545. Purchase of their own stock, I76. Relation of director to the business, I07. Rights of minority stockholders, 288. Stockholders' liability to surety, I07. Ultra vires, pledge of credit, 289. Unauthorized issuance of stock, 484.

CRIMINAL LAW. Defence, insanity (article), 264. Illustrations before jury, I76. Incompetent witness before grand jury, 595. Instructions to jury (note), 56. Juror's individual duty (note), 56. Misconduct of juror, I76. Reasonable doubt (note), 56. Recalling witness, 395.

See also Former Jeopardy, Homicide and Robbery.

DAMAGES. Connecting carriers, 657. Contract, statute of frauds, 5I. Delay in delivery, 395. Difficulty in estimating, 485. Knowledge of contracting party, I07. Seeds, implied warranty, 289.

See also Contracts, Negligence, Slander and Torts.

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INDEX. 751

DANGEROUS PREMISES. Invitation to enter, 485.

DECEDENT'S ESTATES. Illegitimate children, io8.

DEEDS. Alteration, 177. Delivery, statute of frauds, 546. Description (note), 298. Latent ambiguity (note), 298. Mistake of law, reformation (note), i8i. Parol evidence (note), 298.

DEFECTIVE BUILDING. Dispossession of tenant, 230. Liability of lessors, I77.

DIVORCE. Desertion, io8. Extreme cruelty, 657.

DONATIO MORTIS CAUSA. Effect of will, 596.

EJECTMENT. Landlord, mortgagee in possession, 289.

ELECTRIC LIGHT COMPANIES. Use of highways, 230.

EMINENT DOMAIN. Condemnation ordinance, io8. Constitutional law, legislative powers, Qgo. Persons entitled to compensation, 23I.

EQUITY. Cloud on title, 736. Damages given in lieu of a specific performance (article), 394. Jurisdiction, territorial limits, 23I.

Specific performance of contracts of infants (article), 25I. Specific performance of contracts of lunatics (article), 25I. Specific performance of contracts of married women (article),

25I. See also Injunction and Specific Performance.

ESTOPPEL. Administrator, 486. Nuncupative will, iog. Pollution of stream, iog.

EVIDENCE. Action on note, 596. Burden of proof on director dealing with cashier, io6. Complaint of child, I77. Criminal law, admissions, 546. Criminal law, evidence of other crimes, 290.

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752 INDEX.

EVIDENCE (Continued). Dying declarations, 4I7, 486, 597. Entries in books, 547. Expert testimony-a discussion (article), 346. Expert testimony: its abuses and uses (article), 87. Husband and wife, 596. Illegitimate children, 547. Impeachment of witness, 547. Parol, deeds (note), 298. Release receipt, 290. Requiring production of documents, io9. Slander, 547. Statements by an ex-official, 548.

EXECUTION. Death of one plaintiff, iog.

FEDERAL COURTS. Jurisdiction, 597. Jurisdiction of the United States over seditious libel (article), I.

FOREIGN LAW. German Civil Code (article), 685.

FORMER JEOPARDY. Assault and battery, 657.

FRAUD. Concealment of value, partners, no. Expression of opinion, iio. Recovery of money paid, 658. Representations to mercantile agency, 597.

See also Statute of Frauds.

FRAUDULENT CONVEYANCES. Bona fide debt, I78. Creditor's suit, when maintainable, I178. Husband and wife, subsequent purchaser, III. Payment of debt, 737.

FIXTURES. Telephone companies, iio. Title to realty, 548.

GIFTS. Delivery, 23I. Symbolical delivery, 598.

GUARDIAN AND WARD. Physician's services, necessity, 417.

GUARANTY. Estoppel of guarantor, 417.

GUARANTY INSURANCE. See Insurance.

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INDEX. 753

HOMICIDE. Assisting suicide, 658. Assisting suicide (note), 675. Defendants jointly indicted, declarations, 5I. Degree of crime, jury, 23I. Insanity, McNaghten's case and beyond (article), 264. Justification, 658.

HOTEL KEEPER. See Innkeeper.

HUSBAND AND WIFE. Injury to wife, conflicting verdicts, 598. Joint note, 598. Separation agreement, dower, 486. Wife as surety, 354.

ILLEGITIMATES. Right to inherit, 599.

INDEMNITY BONDS. Defence, 659.

INFANTS. Compensation of attorney, 548. Liability for contract, 291. Sale of land, attorney's compensation, 29i. Specific performance of contracts, (article), 25I.

INJUNCTION. Mutuality, 548. Publication of libel, 599. Right of privacy, 599. Rights of privacy (note), 669. Trade secrets, 659.

INNKEEPER. Baggage of guest, 353. Liability, care of horses, 29I.

INSANITY. Bigamy, 659. Lunatic, bankrupt, 662. McNaghten's case and beyond (article), 264. Murder, uncontrollable impulse, 292. Specific performance of contracts of lunatics (article), 251.

INSURANCE. Accident, travelers', 734. Appraisement of loss, 599. Contract affected by misstatements of infant applicant (note),

493. Employer's indemnity, 292. Fraud, waiver by society, iii. Guaranty, warranties and representations, i78. Insurable interest, 66o. Law governing, 179. Life insurance, 292. Payment of premium, 292. Powers of agents, 660.

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754 INDEX.

INTERNATIONAL LAW. Political and legal aspects of change of sovereignty (article),

466.

JOINT TORT FEASORS. Release of one, 6oo.

JUDGMENT. Cancelling, 66i. Conclusiveness against stockholder, 487. Partial assignment, supersedeas, I79. Res judicata, 549. Satisfaction, consideration, I79.

JURISDICTION. Amount in controversy, 354. Federal courts, II2.

See also Federal Courts. Suit by assignee, II2. Suit by legatee against executor, II2.

JURY TRIAL. Discretion, 355.

LABOR UNIONS. Rival organizations, 4I9.

LANDLORD AND TENANT. Assignment of lease, assumption clause, 418. Co-tenant, ouster, 6oo. Liability to persons visiting tenant, 6oi.

LAW MERCHANT. Jus gentium and (article), 375.

LEASE. Construction, re-entry, 355. Covenants of lessor, 550. Forfeiture, tender of rent, 6oi. Rights of landlord, assignment, 66i.

LIEN. Excessive demand, 4i8. Preference, 662. Rights of intervenor, 4I9.

LIBEL. Justification; damages, 487.

LIMITATIONS. Actions for fraud, 356. Collateral security notes, 550. Pleading statute, 55I. Renewal of debt, 66i. Trusts, contracts, II2.

LUNATIC. See Insanity.

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INDEX. 755

MALICIOUS PROSECUTION. Malice, 232.

MARKET QUOTATIONS. Property right, publication, II3.

MARRIAGE. Extraterritorial effect, 662. Foreign, validity (note), 238. Validity of marriage promise, 356. Validity of foreign, io.

MARRIED WOMEN. Specific performance of contracts (article), 25I.

MARSHALLING OF ASSETS. Successive mortgages, 6oi.

MASTER AND SERVANT. Assumption of risk, 602. Liability for torts, 5I. Master's duty of inspection, i8o.

MECHANIC'S LIEN. Liability of landlord, 550.

MINES AND MINING. Subjacent support (note), 243.

MISREPRESENTATIONS. See Contracts and Insurance.

MORTGAGES. Assumption by grantee, principal surety, 293. Lien, discharge, 232. Purchase of equity of redemption, 602. Release, reinstatement, 663. Validity, estoppel, 233.

MUNICIPAL CORPORATIONS. Bonds, estoppel by rentals, 663. Drains, recovery, 487. Limitation of indebtedness, 293. Negligence in enforcing ordinance, 52. Police powers, 663. Tax sales, prior assessments, 294.

NATIONAL BANKS. Embezzlement, intent as element, 294.

NAVIGABLE RIVERS. Riparian owners, 602.

NEGLIGENCE. Alighting from moving train, 488. Contracts limiting liability (note), 430. Contributory, 55I. Contributory (note), 424.

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756 INDEX.

NEGLIGENCE (Continued). Contributory, identification, 488. Discharge of water on sidewalk, 602. Overdriving horse, hiring on Sunday, 664. Proximate cause, 664. Proximate cause, nervous prostration, 55I. Recovery for injury without impact (article), I41. Walls of a burned building, 356.

NEGOTIABLE INSTRUMENTS. Accommodation paper, usurious discount, 294. Certification of checks (article), I27. Estoppel, 539. Fraud upon creditors, 480. Indorsement without recourse, 654. Negotiable instruments law (article), 437, 499, 56i. Negotiability, 480. Preference, 654. Usurious extension, effect, 480. Usury, 735.

NUISANCE. Abatement, 233. Powder magazine, 603.

OBSTRUCTING OFFICER. Attachment, 52. What amounts to, II3.

PARENT AND CHILD. Assault on child, 603.

PARTIES. Obstruction of highway, 665. Real party in interest, 488.

PARTITION. Church property, 52. Validity when by parol, 234.

PARTNERSHIP. Death of partners, firm name, 604. Dissolution, assumption of debts, 357. Firm creditors' priority (article), i89. Priority, 665. Usury, share of profits, 603.

PHYSICIANS. Specialists, 489.

PRINCIPAL AND AGENT. Trustee de son tort, II3.

PROXIMATE CAUSE. See Negligence.

PUBLIC OFFICERS. Bonds, sureties, 665. Unauthorized acts, 234.

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INDEX. 757

QUIETING TITLE. Limitations, 294. Title of plaintiff, 295.

RAILROADS. Assumption of risk, contributory negligence, statutory provi-

sions (note), 424. Effect of sale under foreclosure, 357. Electric, travelers along tracks, 485. Employe of third party, injury, 295. Excavations, damages, limitations, II4. Liability of lessor for negligence of lessee, 234. Limitation of liability, i89. Riding on freight trains, 234. Street, abutting owners, injunction, 490. Street, taxation, 490. Taking passenger beyond destination, 604. Taxation, 604. Use of footpath, license, 295.

REFORMATION OF INSTRUMENTS. Evidence to vary contract, 605.

RELIGIOUS SOCIETIES. Mortgages, ultra vires, i8o.

REMAINDERS. Contingent, executory devise (article), 3I3.

RENT. Action by executor, 55I.

REPLEVIN. Affidavit of defence in Pennsylvania, 357. Goods in custody of law, 53.

RIGHTS OF PRIVACY. Injunction (note), 669. Likenesses, use for advertising, I14.

ROBBERY. What constitutes, 489.

ROMAN LAW. Prior to the twelve tables (article), 97.

SALES. Conditional, payment by installments, io6. Conditional, validity of lien, 285. Growing trees, interest in land, II5. Intoxicating liquors, delivery by express company, 549. Knowledge of unlawful intent, 53. Land, marketable title, 54. Validity, "I5.

SEDITIOUS LIBEL United States jurisdiction, (article), I.

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758 INDEX.

SEDUCTION. Betrothal, special promise, 53. Definition, 665. Subsequent conduct of prosecuting witness, 235.

SLANDER. Damages, mental suffering, 235. Privileged communications, 4I9.

SLANDER OF TITLE. Joint wrong, 666.

SPECIAL LEGISLATION. Constitutional prohibition of, in Pennsylvania (article), 27.

SPECIFIC PERFORMANCE. Contract for sale of realty and personalty, 54. Contracts, element of time (article), 639. Damages given in equity in lieu of (article), 394. Defect in title, 666. Defence of lack of mutuality (article), 251, 336. Indefinite terms, 490. Perfecting title after suit begun (article), 523. Vendor's right (article), 65.

STATUTE OF FRAUDS. Lease with option of renewal, 42o. Part performance, 236. Promise to indemnify surety, 295. Promise to pay debt of another (note), II& Sale of land, part performance, 6oi.

STATUTE OF LIMITATIONS. See Limitations.

STREET RAILROADS. See Railroads.

STREETS. Discontinuance, special damage, 49i.

SUBMERGENCE OF LAND. Reappearance, ownership, 552.

SURETY. Claim against bankrupt principal} 666. Notice (note), i84.

SURFACE WATER. Diversion, artificial erection, 492. Obstruction, overflowing land, 49X.

TAX TITLE. Rights in land, 296.

TAXES. Corporation franchise, 666.

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INDEX. 759

TELEGRAMS. Right of action, survival, 552. Sendee's rights, conditions, ii6.

TELEGRAPH COMPANIES. Error in telegram, 420. Forged dispatch, 42o.

TELEPHONES. Rights under conflicting grants, 236.

TENANTS IN COMMON. Sale by cotenant, effect, 237.

TORTS. Damages from threats, 42i.

TRESPASS. Injury to trespassers, 667.

TRUSTS. Application of income, creditors, 55. Apportionment of contributions of trustees, I17. Definiteness of trustees, 54. Evidence, bank book, 738. Following fund, 667. Identification of funds, 296. Investments, 296. Spendthrift, agreement between trustees and cestui, II6. Trustee, 42i. Trustee ex maleficio, 42i.

TRIAL. Continuance, absent witness, i i6. Jury, negligence, 237.

TOLL ROADS. Personal injuries, 667.

USURY. Extension of mortgage debt, 422. Time of loan, 738. Parties, 668. Payment by surety, 552.

See also Negotiable Instruments.

VERDICT. Undue influence, 55.

WATER COURSES. Change in flow, i8o. Interference, 423. Municipality, 492. Riparian owners, 553. Riparian rights, 668. Underground channels, evidence, 553.

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760 INDEX.

WAYS. Way of necessity, 423, 553.

WILLS. Construction (article), 631, 7I8. Construction, next of kin, 668. Conversion of real into personal estate, 296. Designation of charitable use, 297. Execution (note), 358. Income, stock earnings, 554. Republication, 738. Restraints on Alienation, 553. Revocation by adoption of child, 297.

WOMEN. Right to admission to the bar, refused (note), 121.

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INDEX OF BOOK REVIEWS BY TITLE.

PAGE

BAILMENTS: A COMMENTARY ON THE LAW OF CUSTODY AND POS- SESSION AS DISTINGUISHED FROM PROPERTY, IN CHATTELS.

Wyatt Paine .124

BARRISTER; BEING ANECDOTES OF THE LATE TOM NOLAN, OF THE

NEW YORK BAR. Charles Frederick Stansbury .62i

BRIEF FOR TRIAL OF CRIMINAL CASES. Austin Abbott .679

CASES ON CRIMES: A COLLECTION OF CASES ON THE CRIMINAL LAW. William E. Mikel .743

COMMERCIAL TRUSTS, THE GROWTH AND RIGHTS OF AGGREGATED CAPITAL. Being an Argument Delivered before the Indus- trial Commission at Washington, D C., December I2, I899. John R. Dos Passos. 311

CONDITIONAL SALES AND BAILMENTS WITH FORMS. William W.

Morrill, of the Troy (N. Y.) Bar .i86 CONCISE TREATISE ON THE LAW OF WILLS. William Herbert Page. 309

CONSTITUTION OF THE UNITED STATES-Annotated. Edwin E. Bryant .621

CURIOUS CASES. B. A. Melburn 683

INSULAR CASES. Carman J. Randolph, Esq. 126

LAW OF CONTRACTS. Edward Avery Harriman .498

LAW OF STREET SURFACE RAILROADS. Andrew J. Nellis .497

LESSONS IN LAW FOR WOMEN. Walter S. Cox i87

LIABILITY OF MUNICIPAL CORPORATIONS FOR TORT, TREATING FULLY MUNICIPAL LIABILITY FOR NEGLIGENCE. Waterman L. Wil- liams .186

MORPHINISM AND NARCOMANIAS FROM OTHER DRUGS. T. D. Crothers 6I9

NECESSITY FOR CRIMINAL APPEAL AS ILLUSTRATED BY THE MAYBRICK

CASE AND THE JURISPRUDENCE OF VARIOUS COUNTRIES. J. H.

Levy 621

NEGOTIABLE INSTRUMENTS LAW. The full text of the Law as enacted, with Annotations. John J. Crawford .60

OUTLINE OF THE LAW OF REAL PROPERTY. L. W. McCandless .... 373

76i

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762 INDEX.

PAGE

PRACTICAL DIRECTIONS AND FORMS FOR THE JURY ROOM, TRIAL

COURT AND COURT OF APPEAL IN CRIMINAL CAUSES. Joel Prentiss Bishop, LL. D. 6i

PROBATE LAW. M. B. Chatterton. 3IO

REPORT OF THE THIRTEENTH ANNUAL MEETING OF THE VIRGINIA

STATE BAR ASSOCIATION. I26

RIGHT TO AND THE CAUSE FOR ACTION. Hiram L. Sibley, LL. D. .. 435

SELECTION OF CASES ILLUSTRATING EQUITY PLEADING AND PRAC-

TICE WITH DEFINITIONS AND RULES OF THE UNITED STATES

SUPREME COURT RELATING THERETO. E. Richard Shipp and John B. Daish. 3II

SELECTION OF CASES ON CONFLICT OF LAWS. Joseph Henry Beale, Jr.680

SOCIOLOGICAL STUDIES OF A MEDICO-LEGAL NATURE. Rosenberg and Aronstam. 682

STATE: THE OBJECTIVE LAW AND THE POSITIVE LAW. (L'ETAT:

LE DROIT OBJECTIF ET LA Loi POSITIF.) Leon Duguit . 558

TABULATED DIGEST OF THE DIVORCE LAWS OF THE UNITED STATES.

New Revised Edition. Hugo Hirsh .125

TREATISE ON THE LAW OF ATTACHMENTS, GARNISHMENTS, JUDG-

MENTS AND EXECUTIONS. John R. Rood .435

TREATISE ON THE LAW OF MASTER AND SERVANT, INCLUDING

THEREIN MASTERS AND WORKMEN IN EVERY DESCRIPTION

OF TRADE AND OCCUPATION: WITH AN APPENDIX OF STATUTES.

Charles Manley Smith .......... ........................ 745

UNIVERSITY OF PENNSYLVANIA. THE PROCEEDINGS AT THE DEDICA-

TION OF THE NEW BUILDING OF THE DEPARTMENT OF LAW,

FEBRUARY 2i and 22, I9oo. Compiled by George Erasmus Nitzsche .62i

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