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BILLS AND NOTES.

PAGE.

note takes effect at delivery-when note by married woman
must be regarded as made and delivered in Florida.... 230
a note made and delivered by a married woman in Florida
is void if she was not competent under the Florida law
to make a contract....

BILLS OF EXCEPTION.

231

burden of preserving the evidence in a condemnation pro-
ceeding is upon party complaining of error......
party need not wait until after final judgment before pre-
senting bill of exceptions in municipal court.
what is a proper method of bringing rules of municipal
court to attention of Supreme Court.....

257

425

425

BONDS.

what not such a violation of water-tunnel contract as re-
leases surety on contractor's bond.......

288

when city's payment of reserve to other persons than the
contractor does not release surety......

what is necessary in order to release surety company on
the bond of a public contractor...

... 288

288

BUILDING CONTRACTS.

Mechanic's Lien law not intended to abridge right of con-
tract-foundation of mechanic's lien is a valid contract. 619
clear language waiving all claim to lien controls the other
provisions of the contract.....

... 619

what provisions do not forfeit owner's right to have build-
ing delivered free from all claims for liens.....
section 21 of Mechanic's Lien law is unconstitutional in
so far as it attempts to give sub-contractors a lien in
disregard of the original contract.

BURGLARY.

619

..... 619

intent is part of charge of burglary-what essential where
charge is burglary with intent to commit larceny...... 453
what are separate and distinct burglaries-what not ad-
missible to sustain plea of former acquittal...

453

CARRIERS.

fact that carriage of livery company was let for hire need
not be proved by direct evidence..........
what raises presumption that carriage of livery company
was let for hire...

459

... 459

livery company is liable for injury to passenger due to the
negligence of its driver..

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CASES CONTROLLED BY OTHERS.-See FORMER CASES.
Irmegar v. Tazewell County, (ante, p. 172,) controls the PAGE
decision in Hilgers v. Tazewell County..

399

People v. Miller, (ante, p. 148,) controls People v. Hill.. 638

CASUALTY INSURANCE.-See INSURANCE.

CERTIORARI.

effect of amendment of Practice act in 1909 with refer-
ence to writ of certiorari to Appellate Court.......
Supreme Court can issue writ of certiorari only in aid of
its appellate jurisdiction....

488

provision of act of 1913 for review of decision of indus-
trial board by the Supreme Court by writ of certiorari
is unconstitutional.....
industrial board's decision may be reviewed by the circuit
court by writ of certiorari..

488

488

488

CHARITIES.

power of religious society is determined from the entire
articles of association-powers of the Woman's Home
Missionary Society of the Methodist Episcopal Church. 88.
fact that the amount of a devise is not sufficient to carry
out testator's plan does not defeat the gift....

CHURCHES.-See RELIGIOUS CORPORATIONS.

CITIES.-See MUNICIPAL CORPORATIONS.

CIVIL SERVICE.

stenographer in classified service of city does not hold his
position by contract.....

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612

the Civil Service Pension Fund act applies only to those
holding permanent positions..

612

the Civil Service Pension Fund act does not deprive the
employees of property nor make any unreasonable dis-
crimination ...

the Civil Service Pension Fund act is not invalid..

CLOUD ON TITLE.

.. 612

... 613

statute requiring notice to an occupant of premises before
taking out tax deed must be strictly followed......... 261
when affidavit that owner of premises could not be found
on diligent inquiry is overcome.....

261

what is meant by words "diligent inquiry," as used in sec-
tion 216 of Revenue act...

261

CLOUD ON TITLE.-Continued.

what amounts to such tender as justifies charging subse-
quent costs to holder of tax title.....

PAGE.

261

when objection that bill contains no averment as to occu-
pancy of premises is waived..............

272

CONDEMNATION.-See EMINENT DOMAIN.

CONFIDENCE GAME.

corpus delicti may be proved by circumstantial evidence-
fact that accused has taken part in a similar confidence
game may be proved...

435

CONFLICT OF LAWS.

validity of contract is determined by law of place where
made-note takes effect from time of delivery..
when note by married woman must be regarded as made
and delivered in Florida-if she was not competent to
contract there the note is void....

230

230

validity of instrument affecting the title to land depends
upon law of State where the land lies....

230

CONSIDERATION.

what is not a failure of consideration for fire insurance
contract-when contract cannot be rescinded...... 380
recital of consideration in a deed is prima facie evidence
that the grantor received the amount..

CONSOLIDATION.-See CORPORATIONS.

CONSTITUTIONAL LAW.

389

section 21 of Mechanic's Lien act of 1903 unconstitutional. 40
provisions of statute limiting roads which may be State
aid roads are not invalid-what is not required to make
a law a general one.....

State Aid Roads law is not invalid as a special law relat-
ing to roads or regulating township affairs......
proviso to section 15a of act relating to State aid roads
not invalid-sections 15a and 156 do not attempt to ap-
propriate money out of State treasury.......
"building and maintaining" State aid roads may be pro-
vided for in one item of appropriation bill....
act relating to State aid roads does not violate section 20
of article 4 of constitution.....

when classification is not invalid because it applies to only
one county

178

178

178

178

179

179

CONSTITUTIONAL LAW.-Continued.

PAGE.

272

primary purpose of constitutional amendment contemplat-
ing the creation of municipal court of Chicago..............
provision of section 63 of Municipal Court act as to liens
of judgments in fourth-class cases is valid............ 273
purpose of section 13 of article 4 of constitution, requir-
ing amendatory act to insert section amended......... 305
rule where act is complete in itself and does not purport
to be amendatory....
Woman's Suffrage act of 1913 does not violate section 13
of article 4 of the constitution-the constitution is not a
grant but a limitation of power....

....

305

305

if constitution has prescribed qualifications of electors the
legislature cannot change them......

305

section I of article 7 of constitution, concerning qualifi-
cations of electors, construed................

305

Woman's Suffrage act of 1913 does not violate section 1
of article 7 of the constitution....

306

school directors, school trustees and boards of education
are political officers.....

306

legislature had no power to authorize women to vote at
referendum elections provided for in the constitution.. 306
Supreme Court should not overrule long established deci-
sion on a constitutional question.....
legislature has power to fix salary of State's attorneys-
the State's Attorney Salary act not in violation of sec-
tion 12 of article 10 of constitution.....
provision of act of 1913 for review of decision of indus-
trial board by the Supreme Court by a writ of error is
unconstitutional...

306

467

word "fees," used in the original State's Attorney Salary
act in force in 1912, includes "forfeitures".
the title of the Surety act of 1899 is broad enough to cover
guaranty insurance..

a provision of an act tending to promote the purpose of
the act is within the title...

when salary of a county officer need not be fixed by the
county board-the State's Attorney Salary act of 1912
is constitutional....

488

498

506

505

523

Civil Service Pension Fund act does, not deprive employ-
ees of property nor make unreasonable discrimination. 612
what is not ground for holding the Civil Service Pension
Fund act invalid....

...... 613
section 21 of Mechanic's Lien law is unconstitutional in so
far as it attempts to give sub-contractors a lien in dis-
regard of the original contract....

619

CONSTRUCTION.

statute authorizing special tax is construed most strongly
against the State..

of section 21 of the Mechanic's Lien act of 1903, as be-
ing invalid.....

of section 7 of the Statute of Frauds, as not applying to
money in hands of agent for investment or to choses in
action in which such money is invested...............

of section I of Township High School act of 1911..........
of ordinance, as to provision for interest on water exten-
sion certificates....

of act of 1873, as contemplating that a city may borrow
money to construct water-works and pay for same by
taxation or water rates...

of State Aid Roads law of 1913, as being valid.....
of words "diligent inquiry," as used in section 216 of the
Revenue act.....

PAGE.

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... 268

of contract, as not being an agreement to pay money.
of section 63 of Municipal Court act, relating to liens of
judgments in fourth-class cases, as being valid........ 273
purpose of section 13 of article 4 of the constitution, re-
quiring amendatory act to insert section amended...
rule where act is complete in itself and does not purport
to be amendatory..

.....

305

305

of section I of article 7 of the constitution, concerning the
qualification of electors.....

305

of Woman's Suffrage act, as being constitutional.
Supreme Court should not overrule a long established de-
cision on a constitutional question....

306

306

rule of construction where the statute to be construed has
been adopted from another State....

400

of Inheritance Tax act, as to meaning of words "in con-
templation of death”.........

400

of Inheritance Tax act, as to what transfers made before
the passage of act are taxable-what interests are and
are not subject to inheritance tax......

400

the State's Attorney Salary act is not in violation of sec-
tion 12 of article 10 of constitution....

467

chief purpose of State's Attorney Salary act...
courts will regard existing circumstances in construing a
law-rule where statutes were enacted at same session 468
a construction leading to great inconvenience or absurd
consequences should be avoided......

467

468

of provision of act of 1913 for review of decision of in-
dustrial board by Supreme Court by writ of certiorari,
as being unconstitutional...

488

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