SETTING ASIDE.

Judgment, see Judgment, § 370.

Report or award of commissioners, appraisers, or viewers in condemnation proceedings, see Eminent Domain, § 237.

Presentation of false claim for board of prisoners, see False Pretenses, § 18.

SHIPPING.

See Ferries; Navigable Waters.

SICKNESS.

Deductions from wages for time lost by, see Master and Servant, § 73.

SIDEWALKS.

Injuries from defects or obstructions, see Municipal Corporations, §§ 762-821.

SIGNALS.

At railroad crossings, see Railroads, § 307.

SIGNATURES.

Alteration of signatures to instrument, see Alteration of Instruments, § 8. Forgery, see Forgery.

To indictment, see Indictment and Information. § 33.

To stipulation to not file mechanic's lien, necessity of signature by owner as against rights of subcontractor, see Mechanics' Liens, § 103.

SILENCE.

Admissions by silence, see Criminal Law. § 661. As admission, see Criminal Law, § 407.

SIMULATION.

Conveyances and transactions in fraud of creditors, see Fraudulent Conveyances.

SLANDER.

Verdict, see New Trial.

SOLICITORS.

See Attorney and Client.

SPECIAL FINDINGS.

See Trial, §§ 350, 352.

SPECIAL INTERROGATORIES.

See Trial, §§ 350, 352.

SPECIAL LAWS.

See Statutes, §§ 85-95.

SPECIAL PROCEEDINGS.

See Certiorari; Habeas Corpus; Mandamus; Quo Warranto.

Application for liquor license, see Intoxicating Liquors, § 65.

Bastardy proceedings, see Bastards, §§ 35, 36. Condemnation proceedings, see Eminent DoEstablishment of boundaries, see Boundaries, main. §§ 1782-258. §§ 33-36.

Writ of review, see Review.

SPECIAL TRAINS.

Duty of carrier of live stock as to running of, see Carriers, § 209.

SPECIAL VERDICT.

See Trial, §§ 350, 352.

SPECIFICATION OF ERRORS.

In assignment of errors, see Appeal and Error, $$ 724-734.

SPECIFIC LEGACIES.

Construction of will, see Wills, § 754.

SPECIFIC PERFORMANCE.

I. NATURE AND GROUNDS OF REMEDY IN GENERAL.

§ 5. In a suit to enforce performance of a contract for the sale of a mill, held that it will not be decreed, nor a check for the price be held to constitute an equitable assignment of the fund, but that complainants would be left to their remedy at law.-Mensch v. Gail (Del. Ch.) 832.

§ 8. Specific performance of a contract of sale rests in the discretion of the court.Mensch v. Gail (Del. Ch.) 832.

II. CONTRACTS ENFORCEABLE.

§ 50. Specific performance will be denied, and complainant left to his remedy at law, if there is reason to suspect fraud.-Worth v. Watts (N. J.) 434.

III. GOOD FAITH AND DILIGENCE. $95. A title should not be forced on an unwilling vendee in a suit for specific performance, where its validity depends on facts not susceptible of proof at any and all times.-Deseumeur v. Rondel (N. J. Ch.) 703.

IV. PROCEEDINGS AND RELIEF. $121. In an action for specific performance of a contract, evidence held to warrant a decree for complainant.-Collins v. Leary (N. J. Ch.) 42.

§ 126. In a suit for specific performance, the court should settle doubtful questions of law affecting the title.-Deseumeur v. Rondel (N. J. Ch.) 703.

SPEED.

Of street cars, see Street Railroads, § 74.

SPIRITUOUS LIQUORS.

STATEMENT.

Admissions, see Evidence, §§ 213, 236. By accused or other persons as part of res gestæ, see Criminal Law, § 364.

By parties or other persons as part of res gestæ, see Evidence, § 123.

By witness inconsistent with testimony, see Witnesses, §§ 379-392.

Declarations, see Evidence, § 271.

Of case or facts for purpose of review, see Appeal and Error, § 576; Justices of the Peace, $164.

Of claim of lien for materials furnished in making public improvements, see Municipal Corporations, § 373.

of grounds for new trial, necessity for purpose of review, see Appeal and Error, § 301. Of loss under insurance policy, see Insurance, of mechanic's lien, see Mechanics' Liens. § 132. $$ 550, 560. Of plaintiff's demand, see Pleading, §§ 40, 48.

Of

STATES.

Concurrent and conflicting exercise of police powers by state and municipality, see Municipal Corporations, § 592.

Constitutional guaranties as to privileges and immunities of citizens of the several states, see Constitutional Law, § 207. Courts, see Courts.

Legislative power, see Constitutional Law, § 63.

Power to control traffic in intoxicating liquors, see Intoxicating Liquors, § 6.

I. POLITICAL STATUS AND RELATIONS. Effect of treaties between states on right to fix rates of ferriage, see Ferries, § 31.

II. GOVERNMENT AND OFFICERS. Mandamus to state boards or officers, see Mandamus, & 102.

Railroad commissioners, see Railroads, § 9.

$57. Where a state official is authorized to use a team in the performance of his duties, he may obtain a reasonable allowance for the use of his own team.-State v. Howard (Vt.) 392.

$ 64. Allowance of a railroad commissioner's hotel bill, incurred in a town other than that where the hearing was had at no greater expense to the state, was not void for want of

SPLITTING CAUSES OF ACTION.

In justice's court, effect on jurisdiction, see Justices of the Peace, § 44.

SPOLIATION.

(Vt.) 392.

$ 64. A claim of a railroad commissioner for expenses held to contain a fraudulent concealment, and hence the auditor's allowance thereof was not conclusive against the state.-State v. Howard (Vt.) 392.

$ 64. A State Auditor's determination of facts bearing on the allowance of a railroad commissioner's traveling expense account held

$177. Improper presentation of a claim against a state did not prevent an auditor from allowing it on facts known to him.-State v. Howard (Vt.) 392.

tions.

I. ENACTMENT, REQUISITES, AND VALIDITY IN GENERAL. $63. The declaration of the unconstitutionthorizing the appointment by a Governor of a special attorney to have charge of liquor prosecutions, held not to render the office of special attorney void ab initio, but it is to be regarded as de jure until such declaration of unconstitutionality.-State v. Poulin (Me.) 119.

392.

§ 185. Allowance of claims by a State Auditor, in good faith, on information fairly tending to establish it, held conclusive.-State v. Howard (Vt.) 392.

$ 185. An auditor's allowance of a claim against the state is not binding on it if not made in good faith or with a corrupt motive.State v. Howard (Vt.) 392.

§ 185. An auditor's allowance of a claim against the state cannot be corrected, in a collateral proceeding, for mere errors of accounting.-State v. Howard (Vt.) 392.

$ 185. Where a State Auditor's jurisdiction to determine a question depends on the existence of certain facts, his findings of fact on evidence tending to sustain them will render such jurisdiction complete.-State v. Howard (Vt.) 392.

§ 185. A state will not be bound by the allowance of a claim by an auditor procured by fraud or a misapprehension of State Auditor, resulting from a misleading statement.-State v. Howard (Vt.) 392.

§ 185. A State Auditor may err in the construction of a statute without invalidating his decision if the matter requires a consideration of statute in connection with an inquiry of fact. -State v. Howard (Vt.) 392.

$ 185. In general, the discretionary acts of a State Auditor, if within his jurisdiction, are not subject to collateral attack.-State v. Howard (Vt.) 392.

$187. Allowance of a claim against a state which might have been collaterally impeached may be made conclusive by payment.-State v. Howard (Vt.) 392.

VI. ACTIONS.

§ 209. In an action to recover money paid for services and expenses of an officer, the State Auditor was properly required to state if he undertook to ascertain whether defendant had performed the services and the extent of the effort.-State v. Howard (Vt.) 392.

§ 211. In an action to recover for salary and fees alleged to have been wrongfully paid to a railroad commissioner, whether certain charges were for services never rendered and for expenses not incurred held for the jury.— State v. Howard (Vt.) 392.

STATUTE OF FRAUDS.

See Frauds, Statute of.

STATUTE OF LIMITATIONS.

See Limitation of Actions.

STATUTES.

For statutes relating to particular subjects, see the various specific topics. Constitutionality in general, see Constitutional

Laws impairing obligation of contracts, see Constitutional Law, § 145.

Municipal ordinances, see Municipal Corporations, §§ 106, 111.

Statute of frauds, see Frauds, Statute of.

$63. Every act of the Legislature, however repugnant to the Constitution, must be received as law until set aside by a court.-State v. Poulin (Me.) 119.

does not necessarily render it void ab initio.$ 63. Declaring a statute unconstitutional State v. Poulin (Me.) 119.

II. GENERAL AND SPECIAL OR LOCAL LAWS.

Repeal by constitutional amendment, see Con

stitutional Law, § 24.

§ 85. Act June 4, 1901 (P. L. 448) § 38, allowing a mechanic's lien against a building without regard to the land, held in violation of Const. art. 3, § 7, prohibiting special legislation providing or changing methods for the collection of debts.-Henry Taylor Lumber Co. v. Carnegie Institute (Pa.) 357.

§ 93. P. L. 1907, pp. 79, 89, 114, cc. 45, 46, 62. applicable to cities of a certain population, held not to violate Const. art. 4, § 7, par. 11, prohibiting any local or special law regulating the internal affairs of cities.-McCarter v. MeKelvey (N. J. Sup.) 316; Same v. Hopson, Id.; Same v. Berdan, Id.

§ 95. Act March 28, 1904 (P. L. p. 201), purporting to repeal so much of the tax act of April 8, 1903 (P. L. p. 394), as purports to repeal Act March 20, 1874 (P. L. p. 388), relating to the taxation of the capital stock of building and loan associations in Monmouth county is violative of the constitutional amendment of September 28, 1875 (P. L. 1876, p. 436), requiring property to be assessed under general laws and by uniform rules.-Hartshorne v. Borough of Avon-by-the-Sea (N. J.) 151. III. SUBJECTS AND TITLES OF ACTS.

§ 114. The title of Act May 2, 1905 (P. L. 352), held a distinct notice of section 2, forbidding employment of children under 14.-Stehle v. Jaeger Automatic Mach. Co. (Pa.) 215. V. REPEAL, SUSPENSION, EXPIRATION, AND REVIVAL. Repeal of statutes relating to particular subjects.

See Divorce, § 76; Rape, § 2.

Distinguishing marks on ballots, see Elections, $161.

Sales of city tax certificates, see Municipal Corporations, § 958.

$159. A subsequent legislative act repeals a former one by implication if they are so repugnant that both cannot stand together.-Title Guarantee Land Co. v. City of Paterson (N. J. Ch.) 794.

subject are inconsistent, the later act governs. $159. Where two acts relating to the same Vroom v. Board of Education of Bayonne (N. J. Sup.) 262.

VI. CONSTRUCTION AND OPERA

TION.

Construction to avoid unconstitutionality, see Constitutional Law, § 48.

(A) General Rules of Construction. Statute relating to appointment of town auditors, see Municipal Corporations, § 124.

§§ 174, 175. A statute must be construed reasonably according to its language, having regard for its purpose.-Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105.

§§ 174, 175. Where there is no valid reason for a particular construction of a statute susceptible of another construction, the former ought not to be given it.-Bond v. City of Baltimore (Md.) 14.

§ 182. When a statute may be interpreted in two ways, one of which works manifest inequitable results, and the other just and reasonable results, the latter will prevail.-Peirce v. City of Bangor (Me.) 1039.

§ 183. That which is within the intention of a statute is within the statute, as though it were within its letter.-Inhabitants of Orono v. Bangor Ry. & Electric Co. (Me.) 1022.

§ 188. Words in a statute are to be construed according to the common usage of the language, unless they have acquired a peculiar meaning in the law, or from the manifest purpose of the Legislature it is apparent a different meaning was intended.-Lisbon School Dist. No. 1 v. Landaff Town School Dist. (N. H.) 186.

§ 189. The real meaning of a statute is to be declared, though it seems to conflict with its literal import.-Inhabitants of Orono v. Bangor Ry. & Electric Co. (Me.) 1022.

$195. Where a statute deals with a genus, and something afterwards comes into existence which is a species of it, the language of the statute will be extended to the new matter.Hurley v. Inhabitants of South Thomaston (Me.) 734.

$197. Held, that "and" in a statute will be construed "or" only where necessary to give effect to the legislative intent.-In re Steinruck's Insolvency (Pa.) 360.

§ 215. A court in construing a statute must ascertain its meaning from the language used, in the light of the circumstances under which the act was passed.-State v. Boston & M. R. R. (N. H.) 542.

§ 222. The rules of the common law are not to be changed by doubtful implication in statutes nor overturned except by clear and unambiguous language in the statute.-State v. Hildreth (Vt.) 71.

matter will be deemed in pari materia and con§ 225. Statutes relating to the same subjectstrued together, though enacted at different times.-Hurley v. Inhabitants of South Thomaston (Me.) 734.

$ 225. Where a statute, in granting powers of removal of city officers to a city, used the same language used by an existing statute in conferring a similar power upon another city, it is presumed that the Legislature intended to confer a like power on both cities.-Hagerty v. Shedd (N. H.) 1055.

$227. The presumption is that the word "shall" in a statute is used in an imperative sense.-Haythorn v. Van Keuren & Son (N. J. Sup.) 502.

$231. Changes in the original law made in a subsequent revision of the statutes, which do not clearly show that an alteration in the law is intended, held not to be regarded as changing the law.-Stearns v. Graham (Vt.) 486.

(B) Particular Classes of Statutes. Ordinances regulating street cars, see Street Railroads, § 74.

§ 241. Penal statutes are to be construed strictly, according to the legislative intent as discovered by the import of the words used.Guild v. Prentis (Vt.) 1115.

(D) Retroactive Operation. Statutes relating to sale of land belonging to religious society, see Religious Societies, § 3.

§ 270. An amendatory act, like other legislative enactments, held without application to prior transactions, unless a contrary intent is expressed or clearly implied. In re St. Michael's Church of Atlantic City (N. J. Ch.) 491.

VII. PLEADING AND EVIDENCE. § 279. The charter of a village is a public act, of which the court will take notice in considering pleadings.-Atherton v. Village of Essex Junction (Vt.) 1118.

626

§ 4042

894

§ 4043

682

9544257

781

444 84840 152

880

CITY CHARTERS.

STATUTES

Waterbury. 12 Sp. Laws,

p. 434.....

....

759

444

Waterbury, § 21. 12 Sp.

Laws, p. 438...

759

890

Vol. 12, p. 438, § 21..... 759 Vol. 14, p. 619.. 759

762 888

LAWS.