$ 57. A broker held not to have complied with the terms of his employment so as to be entitled to a commission.-Turner v. Baker (Pa.) 172.

V. ACTIONS FOR COMPENSATION.

$88. In an action by a real estate broker for commissions, certain issues held required to be submitted to the jury.-Summa v. Dereskiawicz (Conn.) 906.

$88. Whether a broker suing for commissions on a sale of property was the efficient cause of the sale held for the jury.-McLaughlin v. Campbell (N. J.) 530.

BUILDING AND LOAN ASSOCIA-
TIONS.

Application of statute of limitations to recovery
of equitable interest in funds held for dis-
tribution to holders of matured stock, see
Limitation of Actions, § 102.
Repeal by constitutional amendment. of law re-
lating to taxation of, see Constitutional Law,
$24.

§ 10. An issue of a nonnegotiable certificate of indebtedness by a building association in payment of matured shares held as between the association and its stockholder an issue to one as assignee of the shareholder.-Campbell v. Perth Amboy Mut. Loan. Homestead & Building Ass'n (N. J. Ch.) 144.

§ 10. As between a building association and its members, a payment on the final distribution of assets to the shareholder of record without notice of a previous assignment is a valid payment as against a holder of the certificate by assignment who has not applied for a transfer on the books.-Campbell v. Perth Amboy Mut. Loan, Homestead & Building Ass'n (N. J. Ch.) 144.

$10. The right of a bank holding as assignee stock in a building association to a share on the distribution of the assets held to arise on the maturity of the shares, and its cause of action against the association then accrues.-Campbell v. Perth Amboy Mut. Loan, Homestead & Building Ass'n (N. J. Ch.) 144.

10. The right of an assignee of stock in a building association to recover thereon_from the association held barred by laches.-Campbell v. Perth Amboy Mut. Loan, Homestead & Building Ass'n (N. J. Ch.) 144.

§ 23. Notice to the treasurer of a building association of an assignment of shares to a bank of which he was cashier held not notice to the association of the rights of the bank.Campbell v. Perth Amboy Mut. Loan, Homestead & Building Ass'n (N. J. Ch.) 144.

23. One who was present and had the means of knowing that stock was improperly voted, but who failed to object, cannot thereafter raise the question.-In re United Towns Building & Loan Ass'n (N. J. Sup.) 310.

23. General Corporation Act 1896 (P. L. p. 291) § 42, authorizing the summary investigation of corporate elections by the Supreme Court, applies to building and loan associations.-In re United Towns Building & Loan Ass'n (N. J. Sup.) 310.

$53. A limitation in the constitution of a building and loan association of the right to vote to stock a year old held invalid.-In re United Towns Building & Loan Ass'n (N. J. Sup.) 310.

Limitation of action for injuries from fall of buildings, see Limitation of Actions, § 32.

BURDEN OF PROOF.

In criminal prosecutions, see Criminal Law, §§ 327-333.

BURNING.

BURYING GROUNDS.

BUSINESS.

Campbell v. Perth Amboy Mut. Loan, Home

stead & Building Ass'n (N. J. Ch.) 144.

1, 7.

§ 10. A bill to rescind a contract, though stating facts sufficient to support common law action for deceit, held cognizable in equity.Schoenfeld v. Winter (N. J. Ch.) 975.

CAPITA.

Taking property per stirpes or per capita, see Wills, 531.

CAPITAL.

Corporate capital in general, see Corporations, $$ 71-156.

Of trust estate, see Trusts, § 272; Wills, § 684. Taxation of corporate capital, see Taxation, § 167.

CARELESSNESS.

See Negligence.

CARNAL KNOWLEDGE.

See Prostitution; Rape.

CARRIERS.

As employers, see Master and Servant. Construction, regulation, and operation of railroad in general, see Railroads. Construction, regulation, and operation of street railroads in general, see Street Railroads. Matters peculiar to transportation of goods or passengers by water, see Ferries, § 31.

I. CONTROL AND REGULATION OF COMMON CARRIERS.

(A) In General. Admissions by demurrer in action to restrain charging rates in excess of those provided by law, see Pleading, § 214. Carriers entitled to question validity of regulations, see Constitutional Law, § 43. Denial of equal protection of laws, see Constitutional Law, § 242.

Presumptions as to validity of regulations, see Constitutional Law, § 48.

$12. Laws 1883, p. 70, c. 100, and Laws 1889. p. 35. c. 5, substantially re-enacted in Pub. St. 1891. c. 156, held to fix maximum rates notwithstanding Laws 1883, p. 78, c. 101.State v. Boston & M. R. R. (N. H.) 542.

$ 18. Pub. St. 1891, c. 155, § 15, held not to preclude the Attorney General from proceeding, of his own motion, against railroads whenever he concludes the interest of the public requires it.-State v. Boston & M. R. R. (N. H.) 542. § 18. Equity held to possess jurisdiction to restrain a railroad from charging excessive rates. State v. Boston & M. R. R. (N. H.) 542.

(B) Interstate and International Transportation. Carriers entitled to question validity of regulations, see Constitutional Law, § 43.

II. CARRIAGE OF GOODS.

(A) Delivery to Carrier.

$ 41. Bill of lading or prepayment of freight held unnecessary in the absence of law or notice to the shipper that it is required by the carrier's rules. Lord v. Maine Cent. R. Co. (Me.) 117.

$ 41. Facts held to constitute an acceptance of goods by a carrier so as to render it liable for failure to ship them.-Lord v. Maine Cent. R. Co. (Me.) 117.

(B) Bills of Lading, Shipping Receipts, and Special Contracts.

$ 62. A carrier may contract to carry goods to a point beyond its own line.-Saunders v. Adams Express Co. (N. J.) 670.

§ 64. Evidence held insufficient to bring contract of carrier within provision that, if it has no agency at the point of destination, it shall carry goods to its nearest agency.-Saunders v. Adams Express Co. (N. J.) 670.

(C) Custody and Control of Goods.

$ 70. A carrier held to assume no responsibility to answer to undisclosed owner of property delivered to it in case of loss thereof.-Hill v. Adams Express Co. (N. J.) 674.

(E) Delay in Transportation or Delivery. ble for the actual injury to the goods and the $105. Carrier failing to ship goods held liarental value of the remaining goods.-Lord v. Maine Cent. R. Co. (Me.) 117.

§ 105. Exemplary damages held not recoverof freight.-Lord v. Maine Cent. R. Co. (Me.) able against carrier for delay in the shipment 117.

(F) Loss of or Injury to Goods.

having legible directions as to carriage, it is lia117. If a common carrier accepts a package ble for loss from failure to observe such directions. Colbath v. Bangor & A. R. Co. (Me.) 918.

$117. Carrier held liable for injuries to goods arising from disobedience of directions by shipper.-Colbath v. Bangor & A. R. Co. (Me.) 918.

§ 123. A railroad company held not liable to consignee of produce for deterioration from delay in delivery.-Laughlin Bros.' Co. v. Philadelphia & R. Ry. Co. (Pa.) 418.

(H) Limitation of Liability.

§ 18. Information in the nature of quo warranto against a railroad threatening to charge rates in excess of the maximum fixed by the Legislature affords no adequate remedy.-State v. Boston & M. R. R. (N. H.) 542.

containing a limitation of the carrier's liability, to which the carrier assents, the shipper is bound by its terms.-Perrin v. United States Express Co. (N. J.) 462.

ing the carrier's liability for loss held binding § 155. A provision in a bill of lading limiton the shipper knowing of such provision and accepting the bill without objection.-Hill v. Adams Express Co. (N. J.) 674.

$ 163. Where a declaration against a carrier for loss of goods by fire alleged only its common-law liability, and plaintiff introduced the bill of lading exempting the carrier from loss by fire, held, that it was incumbent upon him to show a loss by fire, by the carrier's negligence.-Johnson v. West Jersey & S. R. Co. (N. J.) 496.

§ 163. The law presumes that a shipper receiving a bill of lading containing a limited liability clause read the bill, or was otherwise informed of its contents.-Hill v. Adams Express Co. (N. J.) 674.

§ 163. That a shipper must be presumed, at least prima facie, to have read a receipt. limiting the express company's liability as to the value of the goods, and to have assented to it. -Florman v. Dodd & Childs Express Co. (N. J. Sup.) 446.

(I) Connecting Carriers.

§ 247. A passenger on a street car ceases to be such, when at the end of his trip he steps from the car upon the street.-Powers v. Connecticut Co. (Conn.) 931.

over the railroad property to a public highway $247. Traveler alighting from train passing held no longer a passenger.-Garrett v. Atlantic City & S. R. Co. (N. J. Sup.) 273.

has safely alighted, the relation of passenger $ 247. Where a street railway passenger held to cease.-Robertson v. West Jersey & S. R. Co. (N. J. Sup.) 300.

(D) Personal Injuries.

Notice as condition precedent to action by husband for injuries to wife, see Negligence, § 104.

§ 177. Carrier accepting goods for delivery in another state held by Interstate Commerce Act Feb. 4, 1887, c. 104, § 20, 24 Stat. 386 (U. S. Comp. St. 1901, p. 3169), as amended by Act June 29, 1906, c. 3591, § 7, 34 Stat. 593 (U. S. Comp. St. Supp. 1909, p. 1163). liable for a loss occasioned by a connecting carrier.-Florman v. Dodd & Childs Express Co. (N. J. Sup.) 446.

§ 180. A shipper in a shipping contract held only required to give notice of his claim for damages to the connecting carrier, to make it liable therefor.-Needham v. Boston & M. R. Co. (Vt.) 226.

§ 185. Where goods are delivered to a carrier, the presumption arises that injury to them occurred on the line of the last carrier, though they were in a sealed car.-Colbath v. Bangor & A. R. Co. (Me.) 918.

III. CARRIAGE OF LIVE STOCK. Release after accrual of liability for delay, see Release, § 8.

§ 209. A carrier of live stock need not run a special train with a car of stock of a shipper.-Needham v. Boston & M. R. Co. (Vt.)

226.

IV. CARRIAGE OF PASSENGERS. (A) Relation Between Carrier and Passenger.

$244. In the absence of authority either actual or implied from custom, a freight conductor has no authority to carry passengers.-Bergan v. Central Vermont Ry. Co. (Conn.) 937.

$303. Stopping a street car is an implied invitation to passengers to alight, and an implied assurance that the place is safe, unless notice is given to the contrary.-Powers v. Connecticut Co. (Conn.) 931.

§ 305. Failure to stop a street car at the corner requested held not the proximate cause of injury, where a passenger voluntarily alighted at the next corner, and then walked "a good piece" and slipped and fell.-Robertson v. West Jersey&S. R. Co. (N. J. Sup.) 300.

(E) Contributory Negligence of Person Injured.

§ 347. A nonsuit in an action against a railroad company for injuries to a person leaving a car held properly refused.-Kramer v. Delaware, L. & W. R. Co. (N. J. Sup.) 256.

(G) Passengers' Effects.

$405. Act 1903. § 48 (P. L. p. 670), provides for grading the value of lost baggage according to the weight, if less than 100 pounds, and where lost baggage weighs less than 100 pounds the liability is limited to $1 for each pound. Westhall v. Central R. Co. of New Jersey (N. J. Sup.) 297.

CARS.

In general, see Carriers; Railroads.

CASE ON APPEAL.

Contents, making, and settlement, see Appeal and Error, § 576.

CASH BAIL.

CAUSE OF ACTION.

$246. Evidence held not to show relation of carrier and passenger.-Bergan v. Central Vermont Ry. Co. (Conn.) 937.

12.

CEMETERIES.

Operation of statute of perpetuities on trust for purpose of keeping graves in good condition, see Perpetuities, § 8.

§ 247. Evidence in a suit for injuries to a passenger after alighting held to justify the direction of a verdict for the defendant; no want of ordinary care being shown.-Powers v. Connecticut Co. (Conn.) 931.

$9. A board of health and a township comthe right to locate a cemetery, held to exercise a quasi judicial function, and a consent induced by a contract on behalf of the cemetery association to build a trolley line was void.-Long v. Union Tp. (N. J. Sup.) 294; Same v. Board of Health of Union Tp., Id.

CERTAINTY.

CHARACTER.

I. NATURE AND GROUNDS.

Remedy by motion as ground for denying certiorari to review proceedings for removal of municipal officers, see Municipal Corporations, 159.

§ 4. Certiorari will lie to set aside proceedings of an inferior judicial tribunal, though they are void and subject to attack in a collateral proceeding. Hagerty v. Shedd (N. H.) 1055.

§ 21. Certiorari held not to lie to review certain acts of a commission appointed to erect a bridge between two cities.-Newell v. Franklin (R. I.) 1009.

Of accused or other persons, evidence in criminal prosecutions, see Criminal Law, § 381. Of female, evidence in criminal prosecutions, see Rape, § 40.

Of witness, see Witnesses, §§ 340-358.

mation.

CHARGE.

By carrier, see Carriers, § 12.
Criminal accusation, see Indictment and Infor-
Instructions to jury, see Criminal Law, §§
7552-764, 778, 823; Trial, §§ 184-296.

Of legacies on property by will, see Wills, §§ 820-825.

Regulation of charges as denial of equal protection of laws, see Constitutional Law, § 242.

CHARITIES.

Exemption from mechanic's lien of building erected by charitable trust, see Mechanics' Liens, § 13.

I. CREATION, EXISTENCE, AND VALIDITY.

4. Under Gen. St. 1902, § 4257, a note payable at a bank held to authorize the bank to pay the same.-Organized Charities v. Mansfield (Conn.) 781.

§ 4. While gifts to charities are to be highly favored that trusts for such purposes may be of a charitable nature, they could not be supestablished and carried into effect, where, if not ported, yet there must be a gift or trust before questions can arise as to the validity of its provisions.-Organized Charities v. Mansfield (Conn.) 781.

4. Evidence held not to show a gift.-Organized Charities v. Mansfield (Conn.) 781.

II. PROCEEDINGS AND DETER

MINATION.

Admissions by demurrer to petition, see Pleading, $214. Necessity of determination of constitutional questions, see Constitutional Law, § 46. Questions considered on demurrer to petition, see Pleading, § 216.

$57. Unless the record shows that all the evidence is before the court, it cannot on certiorari decide that a finding of the judge sitting without a jury was unsupported.-New Jersey Produce Co. v. Gluck (N. J. Sup.) 443.

§ 58. Review on certiorari is limited to errors of law apparent on the record.-Hagerty v. Shedd (N. H.) 1055.

§ 65. On certiorari, no proof of admitted facts is required.-Vroom v. Board of Education of Bayonne (N. J. Sup.) 262.

§ 66. In reviewing by certiorari a judgment of the district court, all intendments will be taken in favor of the judgment.-New Jersey Produce Co. v. Gluck (N. J. Sup.) 443.

CESTUI QUE TRUST.

§ 21. A trust to use the income of a fund to purchase fuel for needy women of a specified class held not void for uncertainty.-Hilliard v. Parker (N. J. Ch.) 447.

II. CONSTRUCTION, ADMINISTRATION, AND ENFORCEMENT.

$ 46. The fact that one receiving a note payable to his order for the benefit of a charitable corporation was a director of the corporation in the transaction.-Organized Charities v. Mansheld not to show his agency for the corporation field (Conn.) 781.

terest in a devise and bequest for charitable § 49. Residuary legatee held to have no inuses, save as one of the public, and can question the proceedings of the trustee only in conjunction with the Attorney General by bill and information, or by class bill making the Attorney General a defendant. In re St. Michael's Church of Atlantic City (N. J. Ch.) 491.

CHATTEL MORTGAGES.

See Pledges.

I. REQUISITES AND VALIDITY. (B) Form and Contents of Instruments. $47. A most important element in the description of mortgaged property is a statement of its location, which should never be omitted.-Joslyn v. Moose River Lumber Co. (Vt.) 385.

$47. Where a mortgage did not locate property otherwise than by giving mortgagor's resi