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INNKEEPER - Continued.
PAGE. | LANDLORD AND TENANT:

PAGE
liability of ; loss of property by guest; notice limit-

damages to cattle.......
ing liability; 26 and 27 Vict., c. 41, ss. 1 and 3; con-

defective drainage....
tributory negligence .....

...... 188

ejectment of tenant at sutterance ......
liability of, for loss of property of guests; Spice v.

lease of a furnished house; implied condition of fit-
Bacon ...........................................

ness for occupation.. ...
INSANITY; management of insane persons, in Great

liability of landlord for injury happening to stranger
Britain........

during tenancy; liability of landlord for defective
:
validity of contracts of ..........

repair of demised house; negligence
contracts by insane persons when not set aside.......

rights of tenant concerning fixtures.......
(see Juror.)

liability of landlord for injury to stranger....
INSTITUTE OF INTERNATIONAL LAW:

(see Suretyship.)

LARCENY, appropriation by finder of lost goods...
maritime law during war .........
LAW BOOKS, price of. ..........

310
INSURANCE (see Fire Insurance; Life Insurance ; LAW OF NATIONS, association for codification
Marine Insurance).

and reform of......
INTEREST, when one receiving money paid by mis-

LAW for the dog days..

........ .. 145
take, not liable for.

students' series ...
upon interest . ...

origin of.........
INTERNATIONAL EXTRADITION ......... LAWYERS:

advertising by....

.. 78, 12
IOWA courts, statutes and rules of........

as novel readers........
State University ....................

concealing facts from court ...
IRISH judicial system, transformation of ............

disbarment of .........
judiciary...

errors of western lawyers....
lawyer commences cause by throwing up brief.

excessive fees of, in New York ...
Reports, denunciation of....

excessive fees paid to counsel
statistics .............................................

female lawyers ........

generally honest ......................
JOINT OBLIGATION remedy at law against

queer will of..
survivors only; waiver by representative of deceased

taxing. ........
obligor.............................. .................... 321 warranting success in cases .......
JUDGES in New York, salaries of.. .................. 201 LEADING ARTICLES:
of Federal Supreme Court not entitled to mileage.. 290

Alterations of written instruments when presumed
JUDGMENT:

to have been made, and their effect..

... 64,

Arbitration as a Condition Precedent..
by confession : what a sufficient statement for; set-

Centennial Law .........
ting aside sale under execution; when not proper, 389 Charles Sumner.........
holder of subsequent lien on land affected by, may

Citizenship of Corporations....
show amount due on.............................. DV Contempt* - Commitment by bodies other than
lien of, under Oregon law; docket entry......

Legislative or Judicial ......
purchaser of, without notice, takes subject to t

Contracts of Incompetents...

.............
equities; neglect to record contracts affecting;

Dead-Letter Laws................
mortgage; redemption by junior mortgagee; effect

Extemporaneous Speaking. ...
of tender by holder of junior incumbrance... 333, 334

Indorsement of Non-negotiable paper by one not
when it creates no cloud on title: assignnient under

party .......... ...........
State law set aside under bankrupt law.............

Interest upon Interest....
(see Laches ; Set-off)

International Extradition ....
for torts, joint and several wrong-doers..............

Public Treasurers, Liability of.

Reminiscences of Kent and Brougham....
JUDICIAL CHARGE, as furnished by London

Rufus Choate .......
Punch. .................................................

Some Recent Decisions--19 American, 112 ; 20 Am
JUDICIAL OFFICERS, selection of higher....... 357 can, 160; 21 American, 382... ..

State Citizenship .................
JURISDICTION:

State Interference with Patent Rights.......
bonds of foreign government; property of govern-

Survivors as witnesses for themselves. .....

98
ment in hands of agent in England; pledge in

The Critics of the New Code...
favor of bond-holders: principal and agent .......

The Elective Franchise....

272
cause transferred from State court; amendment

United States Citizenship.

176
pleading after transfer .........

Voluntary Conveyances... ...

196
court of general; court of special.......
United States Court; stockholder in corporation ... LEASE:
French court refusing to exercise.....

agreements in ; when grantee of lessor not bound by;
in equity in actions for infringement; patentability

termination of .....
of process. .

notice to repair; negotiations for sale ; suspension
judgment record of domestic court not conclusive

of notice; waiver.....

....
Hai

........
as to ....................

396

restrictive covenant by lessee; disposition by owner
of State courts as to mortgage made by bankrupt;

of two tenements; easement; landlord and ten-
McHenry et al. v. La Société Française..

ant; continuance of tenancy after expiration of
recitals in record not conclusive as to jurisdiction

lease : assignee of reversion; covenant to repair, 120, 121
when statements as to jurisdiction in record may

underlease ; covenant by underlease not to build
be impeached ....

purchase by underlessee of immediate reversion:
State courts and receivers appointed by Federal

merger; liability in equity to building covenant.. 208
courts; St. Joe & Denver City R. R. Co. et al. v.

(see Suretyship).
Sm ith ..... .. ............. ...................... ... 4
when appeal lies from State court; Federal question, 391 LEGACIES and annuities, when chargeable upon
action (see Bankruptcy; Infancy; Practice).

land; devise to charitable uses; when void; when

subject of such devise descends upon heirs subject to
JUROR:

charges ...............
charges .....
..............................

........ 106
New Zealand juror becomes insane...

LEGAL BIBLIOGRAPHY ................ ....... 124
opinion of prisoner's guilt; when of such a charac-
ter as to disqualify juror; when competent......

LEAGAL TENDER ACT (see Constitutional Law).
remarks made by, to escape jury duty; disclosing
conduct in jury room......
(see Evidence ; Grand Juror.)

LEGISLATIVE POWER, to change from one
public use to another

er ............
JURY:
infant jurors .....

LEGISLATURE of New York, duty of, as to excise,
legal question presented to .......

civil damage, insurance and usury laws.....

law ..... .......... 46
misbehavior of..... ................
trial by in Russia....

LEX DOMICILII and marriage (see Husband and
*** (see Grand Jury)."
KENT, reminiscences of................................ LIBEL:
KENTUCKY, extensive land suit in ................. 376

ex parte charges; meetings of poor law guardians:

privilege by reason of the occasion; publication of
LACHES, what will amount to, in instituting equita

matters of public interest ...... ...
ble action to set aside judgment for fraud............ 455 newspaper publication.....

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• 416

FE INSURANCE:

PACE.
agreement in relation to; parol contract; holding

insurance policy as mortgageo; consideration;
mutuality ; contract construed as a mortgage

rather than a conditional sale...................... 55
conditions against suicide........................ 414, 416
conditions in, waiver of, by insurer and by agent, 435
effect of war on contract; tender of premium to

agent in hostile country does not prevent forfeit-

ure........................................... .......
7 insanity, what degree of, will excuse suicide so as
to make company liable......

.. 414, 416
** non-forfeiture of policies......

175
residence..........................
statements in application; construction of ; estop-

pel; liver diseases; usual medical attendant, who
is : practice; general objection to evidence; use

or intoxicating liquor; question for jury..... 117, 118
suicide.........

.......... 414, 416
waiver ........

....... ... .... . ........ t o
IQUORS, sale of; “strange devices" in.............
IS PENDENS, benefit of, lost by laches.... .......
ORIMER, Professor, on the Koran ..................
OST PROPERTY:

rights of finder to; Durfee v. Jones.. ...............
: title of finder of..

.......... ........ 3,
larceny by flnder..........
OTTERY TICKET, rights of transferee of.. ... 460

..........

58

..... 334

PAGE.
MELLISH, Lord Justice, death of .........
MESNE PROFIT, estoppel; evidence...........
METEORS, right of property in..................
MILEAGE, judges of Federal Supreme Court not

entitled to ..
MINES, taxing products of ............ ................
MISNOMER, plea of..........
MISTAKE OF FACT, rescission of contract for;

grounds of rescission; duty of party seeking it......
MONTAIGUE on judicial pedantry.................. 400
MORTGAGE:

conditional deed not; when deed not required to be

recorded as ; priority of lien .....
contracts extending payment between mortgagee

and vendee of ................
deed and defeasance; unrecorded defeasance....... 302
foreclosure in suits in which United States is a party,
of after-acquired property .........
of crop to be planted ; Wyatt v. Watkins.....
on property not in mortgagor's possession ; Williams

V. Briggs......
orthography of word “niortgagor"...
relations of purchaser of land assuming payment of,
and mortgagor; land primary fund for payment;

foreclosure .......:::::::::: :
referee's report should state reasons as to why prem-

ises should be sold as a whole or in parcels....... 151
right of mortgagee to timber cut from mortgaged

premises after default; expense of keeping prop-
erty ....... ................ .. .............. .... ... 007
right of holder to contract with reference to; when

mortgage not enforceable....
to secure coupon bond; sheriff's sale ; distribution
of proceeds; holder of bond informally trans-

ferred to him.......................
upon property to be acquired .....

349
when deed absolute in form treated as mortgage ;

rule to determine character of instrument: posi-
tion, rights and liabilities of parties to instrument, 21

(see Bankruptcy ; Judgment ; Life Insurance.)
MUNICIPAL BONDS, assignment of....

188
transfer of stock held in pledge; presumption ; ex-

ecutor..
MUNICIPAL CORPORATION:

abutting property, what is street improvement...... 105
by-laws, effect of, on stranger.....

399
garnishment.....
invalid ordinance by ; what is such ordinance...

.... 104
liability for damages from frightful object allowed
on streets...............................

..... 438
notice to, of defective sidewalk; not liable for

change of grade of street; liability for unauthor-
ized acts...

......... .. 354
over-issue of bonds......

311
restraint of appropriation by tax payer........ 135
sewers in streets of city ...
subscriptions in aid of railroads; County of Cass v.
Johnson ........
*** (see Taxation).

iiin..
MURDER (see Criminal Law).

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........ 391

IALICIOUS PROSECUTION what necessary
to sustain action; malice; probable cause.........
IANDAMUS:

to compel secretary of treasury to draw warrant.... 358
when peremptory not allowed; discretion of court

as to allowing peremptory or alternative man-

damus ............... ............................ 390
TARINE COURT of New York, the, as an ex- ...
pounder of the new Code ............................... 214
IARINE INSURANCE:
partial loss; cost of repairs; allowance of one-third

new for old; suing and laboring clause; salvage
expenses.......................
sub-agent of broker; lien on policies for premiums
paid by him; notice......

.... 303
wagering policy; open policy on profits and commis-

sion; without benefit of salvage, “but to pay loss
on such part as shall not arrivo; " illegality; 19 Geo.

2, c. 37; return of premiums.........................
MARITIME CONTRACT contract for use of
what is; a barge having no motive power of its own

held liable for wharfage.....
MARRIAGE:
civil contract merely, and no formal solemnization

required; presumption as to .....
validity of, between slaves, before emancipation....
within forbidden degrees ...........................
how to get married...

............ 217
(see Married Woman.)
MARRIED WOMAN:

contract by, what does not amount to ...
contract for benefit of separate estate; misappro-
priation for benefit of estate......

........... 223
contracts in behalf of, by agent; limitation of

authority; what is not carrying on a separate busi.
ness; the disabilities and liabilities of married
w omen.. ................ ........... .... ........... 131
conveyance by stranger to married woman; pre-

sumption as to consideration......
status of, in divorce suit.....

(see Husband and Wife.)***
MARTINDALE, Gen., attacked by a client.
MARYLAND judiciary (see Grand Jury).
MASTER AND SERVANT:

bailor and bailee; cab proprietor; employment of
driver; liability for negligence; 32 and 33 Vict., C.

115 .... ...... .................. ....
employments of servants by joint masters......
liability of master for causing death of servant;
dence bearing on question of negligence; char

to jury; contributory negligence ......
master not liable to servant for negligence of fellow
servant .............

....... 20
negligence; scope of employment ............... 265,
sub-contractor under railway company; common

employment..........
obligations of masters for injuring servants while
in service......

...........
(see Contract ; Negligence; Shipping.)
MECHANIC'S LIEN, attaches to building only;

subordinate to prior mortgage. ......

169

NATIONAL BANKS, reduction of stock by....... 140

(see Bank).
NAVIGABLE WATERS, rights of owners of

land adjoining as to landings; obstructions........... 189
NEGLIGENCE:

act of God; overflow of river by reason of neglect to

comply with statute; measure of damages......... 396
amount of damages limited to compensation for ac-

tual loss: husband and wife; next of kin; who

entitled to recover for death from, under statute. 7
building works; reinoval of hoarding; injury to per-

son passing in street; sub-contractor; liability;

evidence of negligence .........................
crossing railway track; contributory negligence.... 225

(see Contributory Negligence.)
duty of owner of wharf as to vessels mooring there;

municipal corporations... ..
duty of telegraph companies as to construction of

line in streets of city...
duties of contractor and sub-contractor : question

of fact; unforeseen accident .
duties of railroad and traveler at level crossing;

judge's charge.... .................................
Ares set by railroad locomotive; contributory negli-

gence; when question for jury ..........
injury done to trespasser; fire escape; child ten

years old trespassing...........
killing a cow..
licensee; invitation ; concealed danger
of fellow servant (see Master and Servant).....

........

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NEGLIGENCE-Continued.
PAGE.

PAG
of third person not chargeable on defendant; rail-

NEW YORK STATE BAR ASSOCIATION:
way train ; omission to give usual signals ; contrib-
utory negligence; duty of traveler approaching

acceptance of incorporation of...
railroad. .....................

constitution, by-laws and rules of....

................ 2026
piling material on its own land by railroad company

endeavors to increase membership of ........
so as to obstruct view of approaching train, not... 36

meeting of executive committee of....
traveler crossing railroad track; contributory negli-

poet graduate, prize of....
gence .....

(see Bar Association.)
violation of rules of railroad company by employees, 102

NEW YORK system of procedure, its theory, his-
when question for jury; what does not constitute

tory and progress...............
negligence in law ................

. .......... 8, 98,
(see Bailment; Carrier; Damages; Gas Company; NORTH CAROLINA, Supreme Court of.......... 41

Master and Servant; Shipping; Water-course).
contributory negligence:

NOVEL LAW SUIT............................... 24
aged person on streets ....
erroneous charge; when question of fact for

OBITER DICTA......... ..
explosion of gas; going with lighted candle into OBSCENE LITERATURE:
closet room.......

law of.....
party acting under direction of company's serv-

publication of "The Fruits of Philosophy
ant not guilty of.....
........

absence of corrupt motive; indictment; omission
leaving passenger car....

to set out words charged as obscene............
when necessary to authorize nonsuit...
(see Railroad).

OPTION of purchaser; a personal privilege only
NEGOTIABLE INSTRUMENT :

not transmissible
accommodation indorser ; fraud ...

ORDINANCE (see Municipal Corporation).
accommodation indorser; where fraud all

ORDRONAUX'S Commentary on Lunacy Laws.... 35
holder of accommodation paper taken as collate

security not a purchaser for value...... .....
accommodation indorsement by bank; West St. PARDON; effect of pardon and amnesty by presi-
Louis Savings Bank v. Parmlee and Shawnee Co.

dent's proclamation, December 25, 1868; do not restore
Bank ............

property previously confiscated... .....
agreement expressed in to pay costs of collecting... 22
bona Ade holder for value........................

PARTIES:
for patent rights ....

action to restrain formation of village corporation ;
fraud used to obtain signature to negotiable ........

when injunction denied for defect of....
indorsement of, by stranger before delivery ; Good

in action for fraud in sale of real estate ; when per-
v. Martin .....

........... 316 · son not named in contract inay maintain action.. 30
indorsement of non-negotiable note by one not a

in action in nature of creditor's bill; judgment
party ..

debtor necessary...............
purchase of, by national banks; First National Bank

tax payers of a municipality may invoke equity to
of Rochester v. Pierson.

restrain municipal authorities acting ultra vires... 415
non-negotiable : Woods v. North et al ................
relation of certificates of deposit to ...

PARTITION judgment and sale in, bars future
stipulations allowing costs of collectie

on

contingent interest; who entitled to maintain action, 13
v. Scoville et al........ .. .
(see Negotiable Instrument : Negotiable

PARTNERSHIP:
conditional note; condition precedent.......... 13, 225 agent; dissolution of; notice to those dealing with
alteration of .....

........ ........ 72, 167

firm; who is a dealer; notice by mail, when insuf-
attorney's fees; effect of including them in note, 89-116

fcient; question of fact: presumption as to let-
bill of exchange ; advance secured by bills and by

ters sent by post.................................
assignment of debts due to borrower; bills nego-

agreement to indemnify retiring partner against
tiated ; bankruptcy of acceptor; application of

existing contracts of the firm ; presumption as to
proceeds of assigned debts.....

........... .. ..

knowledge of liquidating partner with regard to

.. 208
note obtained by fraud; misrepresentation as to na-

such contracts; evidence; proof of contents of
ture of instrument; negligence; estoppel; leav-

letters; what not admissible; parol proof corrobo-
ing blank ; signing note without reading ; title to

rative and explanatory of matters of record....... 3

bankrupt partner; rights of creditor of firm.........
presumption of ownership from possession; bona

contract rendering parties partners; for what part-
fide holder without notice not affected by agree-

ners not liable......
ments between maker and indorser and former

liability of partner for contracts of copartner; facts
holder; prior knowle lge necessary to impeach

constituting copartnership........
title of bona fide holder; unperformed agreements

notes made by....................
no defense.......

import, joint obligation only....
promissory note; signing as maker and indorser;

remedy against survivor only..
signing as executor.

partner cannot make assignment for benefit of
indorsement in blank before delivery; presumption

creditors without consent of copartner; subse-
of guaranty ; right to fill up indorsement .. .....

quent ratification; what constitutes............... 153
promissory notes; transfer of part due notes; notes

what will constitute....
for purchase-price of land ...

(see Bankruptcy; Trade Mark.)
(see Indorsement.)

PATENT:
NEILSON, Judge, articles by, on Rufus Choate......

abandonment of....
NEW LAW COURTS......... ... ..................

not sustainable when claim is for result only.......
NEW TRIAL when refusal to submit to jury not

construction of; claim not to be enlarged by courts, 32

infringement of... ..........
ground for ...........

patentability of process. .......

********.....
NEW YORK CITY:

licensee under, may not question validity ........
amount of litigation in....

patentability of process ....
assessment for local improvements; valid and void

State interference with.........
assessment......

State legislation affecting; Cranson v. Smith.......
assessments for paving street previously paid; vaca-

rights, fraudulent notes given for...
tion of; evidence........

(see Contract.)
assessment of property for local improvement: rule PATENT LAWS, amendment of.

amendment of...................
governing; statutory construction; implied re-
peal of statute; rule as to.................

PAYMENT:
consolidation of county and city; rights of holders

appropriation to contract ultra vires.........
of claim against county to sue city; estoppel;

secured notes given to fall due at different dates :
what does not constitute.......

distribution of collateral security..
contracts made with; condition precedent to pay-
ment; construction of contract; effect of statute

PERSONAL CHATTEL:
upon terms of; estoppel....

........ 103

bills of sale act (17 and 18 Vict., C. 36), ss. 1, 7; grows
salaries of Marine Court officers; power of super-

crops pot; not goods or other articles capable of
visors to regulate... .....

............. 414

transfer by delivery.........
(see Constitutional Law.)

secret liens on; sale or return of, under form of
Bar Association, privileged communications of

lease ....... ...................................
members ol........................ .... .... 2 | PERSONAL PROPERTY (seo Personal Chattel).

(see Bar Association.)
daily newspapers, reporting of old cases by.......... 21 PEW CASE, case Johnson v. The Minister and Trus-
Herald and the Federal Supreme Court.......

tees of St. Andrew's Church........................... 20

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PAGE.
PEW OWNER, interest of, in building........ . 271
PHILADELPHIA church bell case, affirmance of.. 21
PITTSBURG courts, Court of Quarter Sessions in.. 76
PLEADING:

justification of trespass, when admission of owner-

ship in plaintiff
nature of cause of action, whether ex delicto or ex

novel punishment for verbose pleading..............
PLEDGE, rights of pledgee of commercial paper....
POISONING by striped stockings ... ....... ........
POLICE COMMISSIONERS of New York, at-
tempt of, to put down "shystering"......

............ 114
POPULAR GATHERINGS, right of authorities
to suppress ..........

............ 7
POTTER, JUDGE, Aling of petition in bankruptcy

by ........................................................
POWERS. trust: power of distribution ; does not
include power of limitation as to character of estate

given; trust created under such power void........... 1
PRACTICE:

in Court of Appeals ; when motion denied on ground

of laches in inaking it; motion to reinstate appeal

after dismissal and remittitur sent down ......... 456
jurisdiction of United States Supreme Court; when

judgment will be affirmed ; when Supreme Court
will not examine; errors not appearing on the
summary petition by assignee

(see Appeal , Jurisdiction.)
PRE-EMPTION, of lands claimed under Mexican

titles ......... .. ................................... ... 4
PRESCRIPTION:
line fence...........:

.. 69
sea wall; liability of frontager to maintain; sea flow-

ing over frontager's land on to that of adjoining

owners......
PRESIDENT, message, Federal courts, pressure of
business in ...

401
relations to the army.....
Dominations.....

310
PRESUMPTIONS, presumption of ownership of

crops from possession of agricultural land (Ct. App.).. 370
PRINCIPAL and agent, liability of principal for acts

of agent after revocation of agency ................ 3
liability of, on sealed contract..

(see Attorney and Client; Insurance.)
PRIVATE CORPORATIONS, law of.............
PRIVILEGED COMMUNICATION :

in divorce suit....
words spoken from the pulpit ; McGrath v. Finn.... 186

(see Bar Association.)
PRIVILEGED DEBT, what does not consti-
tute; construction of contract... .....

... ..................... 417
PROBATE OF WILL, when formal notice not

necessary to conclude legatee....
PROMISSORY NOTE (see Negotiable Instruments;

Indorsements).
PROXIMATE CAUSE, fire communicated from

adjoining lands: liability for results of negligent act;
when question of caution is for jury....

38
PUBLIC LANDS:

grant by Congress to State for school purposes; con-

struction of act authorizing formation of State
government in Wisconsin ; grant of lands occu-
pied by Indians under treaty ..........

455
settler under homestead act no right to cut timber.. 457
PUBLIC TREASURERS, liability of .........
PUBLIC OFFICER, government not responsible
for laches of .....

......... ... .................... .. 43
PUBLIC POLICY, contract of school trustees void
by....................

.......... 153
PUBLIC ROADS:

application for.....

thoroughfares.....
PUBLICATIONS ......

.................... .......... 399, 400
PURPRESTURE, erection of stairway into street, 443

198

RAILROADS:

PAGE.
aid bonds, defects in; effect of notice to trustee for

bondholder ...
statutory construction; Laws 1867, chap. 953 ; 1868,

chap. 315.....
void in hands of innocent holders for value......... 70

(see Negligence).
damages for ejection from car for refusal to pay ille-

gal fare ........................................ ...... 105
duty of adjoining owner and railroad company as to
combustibles on lands; company liable for setting
fire upon adjoining lands without reference to
manner of acquiring right of way..................
duty of company to fence; damage to cattle froni

defective fence ; contributory negligence; burden

of proof in actious for injury for failure to fence.. 336
effect of consolidation of, upon municipal subscrip-

tions to stock.............
ejecting passenger from train.....................
fencing against cattle; contributory negligence. ... 354
municipal subscription in aid of; County of Cass

V. Johnson........ ............... ........... .......
obstruction of.....
rolling stock on, when real estate; mortgage of

rolling stock......
the judiciary and passes..........
when limitation upon issue imposed by town valid;
unauthorized agreements by town officers; con-

stitutional law.....
(see Carrier of Passengers ; Constitutional Law; Negli-

gence; Strikes.)
RAPE (see Criminal Law).
REAL ESTATE:

hedge, how far a partition fence; tenancy in com-

m o n....... .. ... ...............
life interest and remainder; construction of deed.: 153

when covenant runs with land......
RECEIVER, when court of equity will not appoint, 15
RECENT DECISIONS:
19th American.....

............. ............... 112
20th American...

160
21st American

.... .... ............... 382, 404
RECORD; unauthorized cancellation of mortgage

by clerk or register.. ......
RECORDER OF DEEDS liable for false certif-

cate of search only to one employing him; knowl-

edge ... ................ ......................... ....... 189
RECORDING ACT· vendor's lien; rights of credi-
tor of grantee; homestead....

........ 166
REFEREES. fees of ...

rt, comments of Judge Handley on exceptions
to ...........

.......... 268
** (see Mortgage.)
REMOVAL OF CAUSE:

by corporation....
from State to Federal court............
jurisdiction........
reference of cause before application for removal..
notice to opposing party not required.... ........
what right to, depends on..
who may remove; acts of March 3, 1875, and July 27,

1876 .... ... . . ... .... .
whole suit must be removed; grounds of removal..

sufficiency of affidavit for.
RENT; crops reserved in a lease; tenant's ownership

in crop' undivided; when rent due.....
REPLEVIN; defense of title in a stranger; when not

available.......... ......................... .... .......... 71
REPORTING; criticism of modern reports... ... 41, 93
RESPONDEAT SUPERIOR; when rule does

not apply; independent agent; New York city; act
by servant of public instruction...

............ 223
RESTRAINT OF TRADE, covenant not to ad-

vertise former trade connection"; breach; injunction. 304
REVENUE, collection of .

on of ............. ................
REVENUE LAWS, unstamped spirits and forfeit-

ures; United States v. Two hundred barrels of whis-
ky ..........

......................... ............. 452
RIPARIAN RIGHTS:

owner of both banks of a stream owns stream

easement of public to float logs: streams that may
float logs periodically navigable; trespass by the
public, excuses for; boundary lines in patents to
stream: claim to land by reliction; sudden disap-
pearance of water gives no clairn to riparian
owner; right of owner of meandering stream to
accretions; riparian right subject to right of navi.
gation; boundaries .....

........ 337
riparian proprietor does not acquire title to break-
water ........

........... 395

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RUFUS CHOATE:
PAGE.

PAGE
Judge Neilson on ............

309 STATE, attaching money in State treasurer's hands;
letter from

163

suit against State ..
recollections o

4, 312 as a creditor, communication on...

citizenship .....
RULES of Supreme Court of New York, revision of. 268

governments, suing......
RUSSIA, jury trials in ...............

legislation, impairing obligation of contracts .......

(see Contracts.)
bar, standard of.......

municipalities, relations between ...

secrets, State officers not compelled to reveal.......
SALE:

STATUTE OF FRAUDS:
condition precedent; of personal property at fixed

agency of one signing contract may be shown by
price, to be paid in other property at fixed price.. 56

parol .......
of personal property ; sale to agent.................. 120

agreement concerving land ; party to be charged
appropriation under.................................. 110

only need sign memorandum ; adverse possession;
caveat emptor ; sale of cattle in open market .......

statute of limitations..
fraud; rescission of contract .....

170

contract with agent for agent's beneft; when not
of real estate, vendor and purchaser; contract by

applicable......... .. ............ ..................
letters; desuription of vendors; " proprietors,"

guaranty......
stipulation for formal contract; condition preced-

lease ; option of holding after three years (29 Car. 2,
ent; statute of frauds ............................... 304

c. 3), ss. 1, 2; 8 and 9 Vict., c. 106, S. 3...............
SALMON FISHINGS (see Trust).

parol promise to give house ; agreement in consider-

ation of marriage; possession ; part performance;
SAVINGS BANKS, deposits in ................... 423

incumbrances; statute of frauds.....
gift of bank book..

parol promise to pay debt of anothe

indorser ...
SEALED CONTRACT (see Contract ; Principal).

sale of interest in land ; license; estoppel ultra
vires.....

.....153-154
SEDUCTION (see Criminal Law).

verbal lease for a year to commence in futuro; hold-

ing over....
SERVICE:

want of consideration ; promise to answer for debt

of another ...
defective service upon non-resident defendants in

(see Sale of Real Estate.)
action affecting real estate; effect of; small inter-
est of defendants not served, no answer to appli-

STATUTE OF LIMITATION:
cation to relieve purchaser....:

...... 14 acknowledgment of debt; implied promise to pay
of summons on foreign corporation; cause of action

case of People v. Lord ; as to indictments.........
arising in this State: constitutional law; statutes

revival of debt.....
regulating service of process.

trustee and cestui que trust..
SET-OFF, common to all systems of jurisprudence: STATUTORY CONSTRUCTION:
wholly within legislative control; judgment; statute
passed after judgment obtained for bank allowing

repeal of special statute
notes to be set off against it ........................... 455

repeal of statutes .......
SEWING MACHINE. CONTRACT (see Con-

STATUTORY REMEDIES......
tracts).

ST. LOUIS lawyers and tho strikes. ..................
SHAKER SEED CASE.

....... ....... 343

STOCK, right to recover balance due on subscription
SHIPS AND SHIPPING:

of

exchange boards, seats in.. ....
bill of lading; liability of ship owner; “not ac-

........... 403
countable for risk, leakage or breakage;" con STOPPAGE IN TRANSIT:
struction of charter party; liability of ship owner

right ol........................... ......... 151,
to charterers for negligence of master and crew,
carriage of inerchandise; warranty of seaworthi. STRIKES:
ness ; ship seaworthy while lying in port of load-

aiding ..........

340
ing, but becoming unseaworthy at time of sailing

by railroad employees....

110
on voyage with cargo on board ...

legislation to prevent......

158
charter-party; delivery short of destination; freight

committing persons for Interfering with train
pro rata itineris .....
delivery to charterer; when general owner not lia- *

liability of corporations for

miners ...............
ble .... .......................... ........ ........... 103

profltable to lawyers....
duty of boat towed to exhibit lights ; negligence ;

St. Louis lawyers and the strikes.....
relations between master aud servant ; respondeat

(see Poprilar Gatherings ; Railroads.)
superior; rights of owner of cargo in case of col-

lision: steam tug and canal boat towed by it..... SUBPENA, obeying of, by governors ....
duty of owner in fitting up ship; sea-worthiness:
master and crew ; compasses....................... 302

SUBROGATION (see Suretyship).
material men; equipment; British ship ; lien ; pur-

SUMNER, CHARLES.
chaser with notice; salvage of life: liability of

.... 380
cargo; merchant shipping act, 1854 (17 and 18 Vict., SUNDAY:

c. 104) ss. 458, 459......
tug towing vessel ; duty and liability of tug......... 167

:::....... 121

contract by railroad to be performed op; general

duty as carrier ...
(see Contract.)

damages dependent upon illegal contract not recov-
SLANDER:

erable.....
damages; evidence; malice; mental anxiety; ru-

destruction of property ........

dramatic performance on.....
mnor; words imputing crime; how understood

note made on .....
interpretation of language; quo animo; remote in-

objection of, laws regulating ....
jury ; rumor...

....... .....
of title; special damage.............................

traveling on Sunday...........
SOCIAL SCIENCE CONGRESS, discussions

SUPREME COURT of the United States, bus
ness of.......

..... 491
SOCIETY, right of, to money deposited by its debt-

SURETYSHIP:
ors ....

liability of surety on promissory note ; remedy of
.......... 378

surety ; statute of limitations .....
SOTHERN AND COUNT JOHANNES....... 250 misappropriation of money by public officer; when

principal need not be proceeded against...........
SPECIFIC PERFORMANCE:

rigbt of joint surety against co-surety ; release of co-

surety by creditor ; effect of delays by creditor
certainty in contract essential in action for enforce-

with co-surety ; surety on lease ; assignment of
ment; waiver by party seeking enforcement; what

lease with landlord's consent; when surety not re-
constitutes laches .............

leased by agreement between creditor and prin-
competency of parties to contract; Doyle v. Harris.

cipal....
vendee in possession under parol contract for sale

rights of surety paying debt to subrogatlon; trust:
of real estate......

keeping security for debt alive..
(see Contract.)

surety on official bond of tax collector; defalcation
STALE CLAIMS, when equitable actions main-

made up by extra tax .........
tainable on.............................................

waiver of defense o.fraud by surety ....
15

what will discharge **ety......
STAR CHAMBER, court of ......... ........... 2501

(see Attorney; Bankruptcy.)

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