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QUERIES AND ANSWERS-Continued.

RAPE. Can a will be established by evidence of parol declara.

[See, also, CRIMINAL EVIDENCE ) tions of deceased? Query, 19. Answers, 19, 59. Term of office of Sheriff under Missouri Constitution.

On indictment for, evidence that prisoner visited bc ises Query VI, 479. Answers, 39, 100, 120.

of ill-fame and gambled inadmissible, 17. A says: “I will give you a dollar for your inkstand." B

On indictment for rape on female under twelve, her s Atesays: “I accept, it is yours," A goes for his satchel

mnts or belief of prisoner as to her age no defense 213. to put it in, and when he returns B refuses to let him Indictment for, on child under ten years, 437. have the inkstand. What is A's action for redress? Query, 39. Answers, 59, 99.

RECEIVERS. Construction of Kansas statute permitting adjournment' Where a receiver has been appointed since the comof trial. Query, 39. Answers, 60, 119.

mencement of a suit against corporation, he will not be Contribution by sureties. Query, VI, 499. Answers, 159, 179. made a party defendant at suggestion of the plai itir. Meaning of "adjoining township” in Missoari statute as If he desires, he can be allowed to defend upon ma king to suits before justices of the peace. Query, 140. An

application therefor. Mercantile Ins. Co. V. Jayne 67. swer, 140.

Suit can not be commenced against receiver without lave Catholic priest borrows money to improve school-house, being first obtained from court appointing him. Ha le v.

and gives note of church by himself as pastor; who Duncan, 146. must be sued? Query, 99. Answer, 140.

Statute of Mississippi, providing that receivers appoi ited What power has a court of equity to set aside a sale

by any court may be sued without leave of the cour ap. made by executor to himself on his own motion? Query, pointing or controlling them, can have no application to 80. Answer, 159.

receivers appointed by courts of the United St ites. If A, being in Illinois, shoot across state line and mor

Ibid. tally wound B in Missouri, who goes into Iowa and When appointment of receiver of insurance company audies, where is A triable? Query, 59. Answer, 160.

thorized, 192. Can parol contract between principal and agent, where. Appointment of receiver, as regards his right to proferty

by agent is to sell principal's lands, etc., be enforced in and possession, dates from entry of order appoi ting equity, and can evidence of third parties, who heard him, and not from giving of bond, 201. the parties separately ratify the contract, be admitted? Receiver's certificates; powers of receivers to issue; rights Query, 179. Answer, 199,

and duties of holders. Bank of Montreal v. 0. O. & W. Mistake in making deed; a novel case. Query, 179. An

R. R., 267. swers, 220, 380.

Liability of receivers for leaving open a dangerous exca. When two amendments of laws are passed by legislature vation. Hagan's case, 311.

at same time, which will prevail? Query, 159. Answer, 240.

RECOGNIZANCE. Liability of sureties of officer for delinquencies in former term. Query, 199. Answer, 240.

Action on, can be commenced only after adjournment of Is prospective waiver of homestead right contained in

court at which forfeiture was taken, 275.
promissory note valid? Query, 219. Answers, 219, 260,
280.

RECORDS.
Negligence in making demand and protest of note. Query, [See JUDGMENTS AND DECREES.)

199. Answers, 280, 320.
Is a promise to give a witness a share of the judgment

| REFERENCE. if he will remain in the state and give his evidence in

(See ARBITRATION AND AWARD.] the case, void? Query, 240. Answer, 240. In order to get tenant to quit landlord pays him $100; can REFORMATION. he afterwards recover it? Query, 260. Answer, 340.

Deed or mortgage may be reformed against subsequent How should dower and homestead be assigned under Illi

purchaser or mortgagee who acquires rights with notice nois statute? Query, -60. Answer, 379.

of the equities, 314. A question in the law of homesteads. Query, 280. Answer, 889.

Of contract of insurance, 497. What was the law of limitation of Missouri as regards REGISTRATION LAWS.

foreclosing mortgages in the year 1862? Query, 320. Answer, 340.

Liability of register for giving incorrect certificate, 121. A question as to an action of trover. Query, 359. An Correction by register of mistake in recording mortgage swer, 400.

can not operate to overreach a levy made before the Contract; infancy; discharge of surety. Query, 359. An

correction, 141. swer, 420.

Mortgage; registration laws; notice, 237. What is the meaning of the term “shyster?" Query, 400.

Effect of record of plat; alteration of registry, 234. Answer, 420.

Defective record of mortgage does not constitute notice, A executes his note to a feme sole, whom he afterwards

316. marries without paying the note. How does this affect In suit by mortgagee against mortgagor, or against subthe note? Query, 419. Answer, 480.

Bequent grantee with notice, no averment that mortgage Must personal property be reduced to possession in order was recorded necessary, 418.

to entitle the owner to exemption under the statute? Query, 460. Answer, 500.

REMOVAL OF CAUSES. A stakeholder is summoned as garnishee in a suit against

Approval of sureties on bond, 136. the owner. Can he be held liable to the extent of the

Application for removal of cause can not be made to an funds in his hands? Query, 400. Answer, 500.

appellate court. Re Fraser, 227. A question as to foreclosure of mortgages in Michigan.

Word "party" in the act of 1875 is collective, and means Query, 139. Answer, 199.

all the plaintif's and all the defendants: all on each side

must be "citizens of different states" from those on the RAILROADS.

other side. Ibid. [See, also, NEGLIGENCE.]

A federal court has no jurisdiction in proceedings to es

tablish a will, Ibid. Bill of lading; exemption from loss by fire; insurance, 15.

In an application for removal of a cause from a state to Not liable to action for consequential damages occasion

a federal court, the petition and bond must be filed ed by the construction and operation of their worke. 213.

“before or at the term at which the cause could be first Corporation operating railroad under deed of trust a

tried, and before the trial thereof." Taylor y, Rocke. "railroad corporation" within Kansas statute, 219.

feller, 349. Massachusetts statute regulating rates of freight does Federal court and not state court has the power to ad.

not apply to goods transported by one railroad over judge whether the case is a proper one for removal. line of another, 235.

Ibid. Illinois statate as to sale of railroad tickets, commonly

Under act of 1875, although some of the formal or nom. called the "scalpers act," constitutional, 261.

inal plaintiffs and defendants may be citizens of the Construction of Ohio act giving penalty for overcharges, Bame state, still if it be shown that it is a controversy 500.

wholly between citizens of different states, and can be What constitutes an appropriation of land by a railroad fully determined as between them, it may be removed company, 341.

Ibid.

Section 634, Revised Statutes, as to removal to the Unit. RAILWAY AID BONDS.

ed States Circuit Court of prosecutions against federal

revenue officers in the state courts, constitutional, 1 See MUNICIPAL BONDS.)

Findley v, Satterfield, 365,

REMOVAL OF CAUSES-Continued. The provisions of said section apply to every case of a federal revenue officer indicted in a state court for an act done under color of the United States revenue laws, but charged to be in violation of the criminal law of the state, and are not restricted to cases where an attempt is made by a state legislature to nullify a law of the

United States. Ibid. When application must be made; construction of act of

March 3, 1875, 398. RELEVANCY.

(See EVIDENCE. REPLEVIN, After sale by him of property wrongfully levied, sheriff not proper party to action of replevin for its restora

tion, 75. RES ADJUDICATA.

[See JUDGMENTS AND DECREES.] REWARD. Authorities of county no power to offer a reward for the

apprehension of a criminal. Hawk v. Marion Co., 204. But board of supervisors may offer and pay reward for

recovery of money stolen from county treasurer. Ibid. A person who recovers part only of the money stolen, is

entitled to a pro rata portion of reward. Ibid. RIPARIAN RIGHTS. Right to perpetual use of water need not be dependent

on lands to which it is appartenant, 78. Private individual can not acquire a private right in nav.

igable waters, 459. SALES. Change of possession, under Missouri statute, as to sales

of personal proyerty, must be open and notorious; retention of old sign held to make the transfer fraudulent.

Wright v. McCormick, 169. Construction of Wisconsin statute as to conditional sales

of personalty, 236. Conditional sales ; vendor of personal property can not

assert condition against bona fide purchaser, when he

has been guilty of laches, or has waived condition, 479. SCHOOLS AND SCHOOL LAW. Teachers' certificate, under Illinois law, not void for in

formality, 37. Certiorari proper proceeding, in Illinois, to review pro

ceedings of trustees of schools, 195. Power of school directors to contract with teachers, 297. Teachers' contract is for personal service, which can not

be fulfilled by hiring a substitute, 436. Powers of teacher, 437. Authority of rulings of educational department (Wis.,,

437. County superintendant can not recover from county for

services in holding irregular examination (Iowa), 456. SEDUCTION. Defendant can not be convicted of seduction where

woman makes resistance, 77. Action maintainable by mother of minor, though seduc

tion took place in lifetime of father, and loss of service

happened after his death, 203. Loss of service; effect of parol contract as to service, 231. SELF DEFENSE.

(See CRIMINAL EVIDENCE.] SENTENCE.

(See CRIMINAL LAW AND PROCEDURE.) SET OFF AND COUNTERCLAIM.

[See PLEADING AND PRACTICE.] SHERIFF.

[See OFFICES AND OFFICERS.) SLANDER AND LIBEL.

Declaration for slander; descriptive allegation; vari. ·ance. 98. Averment in libel that defendant “ uttered " certain

words suficiently avers their publication, 153. Special damage not being the immediate consequence of

publication, no action lies, 154. In action for slander, evidence of pecuniary circum

stances of defendant admissible, 197. Words "I have every reason to believe” plaintiff burned

a barn, held actionable, 203. Words "he would venture anything plaintiff had stolen om, the book," aotionable, 843.

SLANDER AND LIBEL-Continued.
Saying “that is false" to a party on witness-stand, ac-

tionable, 343.
Libel on member of Congress, 313.
Distinction between written and printed slander. 361.
Proprietor of newspaper liable for libel published therein

without his knowledge, 344. Actionable to utter such falsehoods of a candidate for a

blic office as will cause persons not to vote for him, 844. Admissibility in action for libel, of other libelous publi

cations, 345. A newspaper is never exempt from liability where other publications of libel would not be. Foster v. Scripps,

485. Attacks on public officers, 485. Where'an officer is not elected by the public, but appoint.

ed by the municipal government, e. g., a city or district physician, no libel against him is privileged except & bona fide representation made without malice to the proper authority complaining on reasonable grounde,

485. A newspaper article, charging a city physician with caug.

ing the death of a patient by introducing scarlet fever into his system during vaccination, is libelous and not

privileged, 485. SNOW. Liability of owner of property to remove snow from side

walk, 426. SPECIFIC PERFORMANCE. On ground that party complaining has contributed to

purchase-money, 315. Can parol contract between principal and agent, where agent is to sell principal's lands, &c., be enforced in

equity? Query, 179; answer, 199. STAKEHOLDER.

[See GARNISHMENT.] STATUTE OF FRAUDS. A verbal promise, by a judgment-creditor, to indemnity an officer holding an execution, against loss or damage from the seizure and sale of property claimed by the debtor to be exempt from execution, is not within the

statute of frauds, 74, STATUTE OF LIMITATIONS.

[See LIMITATION.) STATUTES.

[See INTERPRETATION.) STOCKHOLDERS.

(See CORPORATIONS.) STOCK, KILLING BY RAILROAD.

[See NEGLIGENCE.) SUBROGATION, When allowed in equity; one voluntarily assuming a

debt not entitled to; rights of intervening creditors,

152. Creditor seeking subrogation to right of securities

given by debtor to indemnify debtor's sureties, takes securities as he finds them when he applies to be

subrogated, 198. SUNDAY. In action to recover damages for injuries received while

traveling, that plaintiff was at the time engaged in

labor on the Sabbath contrary to law, no defense, 181. SURETIES.

[See, also, OFFICIAL BONDS.] Bond with sureties was given to plaintiff company by a

freight agent for the faithful discharge of his duties. Principal having made default, suretles defended on ground that when they executed the bond, there was a rule of the company prohibiting credit to be given for freights, which rule was afterwards changed, and their principal was thereby allowed to give such credits, and also that though default had occurred, company did not notify sureties thereof, and retained the agent in office. Held that these facts did not discharge the sureties, 142. Provision inserted in note without consent of surety for

payment of exchange or express charges does not dis

charge him, Bullock v. Taylor, 247. Surety's liability continues where provision which would

add to it is void, 247. Effect of omission of liability clause in bond upon, 399.

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SURETIES–Continued.
Delay by creditor in issuing execution against principal

does not discharge surety, 457.
greement for further delay made between the creditor
and principal debtor after the maturity of the note, in
consideration of an additional sum to be paid by the
debtor over and above the lawful debt and interest, is
not binding upon either party, although the additional
eum stipulated be actually paid within the time of de-

lay agreed upon, and will not discharge surety, 475. Where sureties engage for faithful discharge of person

as book-keeper of bank, his employment as teller dis

charges them, 498. Contract; infancy; discharge of sureties. Query 359;

answer, 420. BURGEONS.

[See PHYSICIANS AND SURGBONS.) TAXATION.

See also, CONSTITUTIONAL LAW; MUNICIPAL BONDS.) Parties having no interest, can not contest levy of tax, 17. National bank located in New Jersey, but receiving de.

posits at office in Pennsylvania, not thereby subject to be taxed in latter state, 21. The liability of counties, cities and towns to pay back il.

legal taxés, voluntarily paid. Editoral articles, 23, 43. Taxes collected for payment of bonds illegally issued.

can not be recovered back. Ranney v. Bader, 188. Tangible property of corporation and shares of stock

are distinct kinds of property, and both are subject to taxation, 195. State may tax insurance company on all its business froni

all sources, 241. Private banker taxable on average amount of deposits

used by him in his business, 259. The “ Western Seamans' Society” not an “institution of purely public charity," and not exempt from taxation under Nlinois law, 319. Such law applies only to domestic corporations. Ibid. Valuation of lands by board of equalization can not be

reviewed or changed by court, 337. State taxation of auction sales of foreign goods, uncon.

stitutional, 401. TAX SALES. Sale of land for taxes, under Tennessee act, invalid, un

less collector's report shows that it was struck off to

bidder who would pay taxes, penalties, &c., 158. Where tax sale is declared void, purchaser is entitled to

six per cent. on his investment (1 enn.). Ibid. Failure to recite date of execution, renders tax-decd

void, 176. TENDER. Agreement to pay in “ good notes," tender of note suflic.

ient, though some of the indorsers had restricted their

Jiability, 334. TRADE-MARKS. “Henry', New and Revised Edition of Jousse's Royal

Standard Piano Forte Tutor, held a fraudulent imitation of .. Henry's Royal Modern Tutor for the Piano,"

on account of similarity of title, 16. United States Federal Court has jurisdiction of suit in

equity to restrain infringement of trade-mark, irrespec.

tive of citizenship of parties, 81. Jurisdiction of Federal Courts in trade mark cases. Ar

ticles by Wm. Ritchie, Esq., I. 143; II. 163. Letter from R. McP. Smith, on same subject, 198. Clause 8, of section 8, article 1, Constitution of the United

States, does not confer upon Congress the power to leg. iblate upon the subject of trade marks. Chapter 2, title 60, United States Revised Statutes, relaling to trade-marks, is therefore unconstitutional. Leiders

dorf v, Flint, 405. The Federal Courts have no furisdiction of a bill in

equity to restrain an infringement of a trade-mark, where both parties to the suit are citizens of the same

state, 405. Constitutionality of Federal legislation as to trade-marks.

Article by Wm. Henry Browne, 495. TREATY. The Supremacy of a Treaty and the Soveroignty of a

State; article by Hon. Wm. Archer Cocke, 423. TRESPASS. Suficient justification that officer was acting under pro.

cess issued from court having jurisdiction, 116. Where an agent permits subordinate employee to tres.

pass, he 18 liable for negligence rather than for the trespass itself, 419.

TRIAL BY JURY,

[See CONSTITUTIONAL LAW; PLEADING AND PRACTICE. TROVER, Constable may maintain, for property levied upon by

him, 155. ·
By co-tenant or mortgagee of chattels, 197.

A question as to an action of, Query, 359; answer, 100. TRUSTS AND TRUSTEES. Where a person as an agent has money of another in his hands and deposits it in a bank in his own name, bene. ficial owner may recover the money or its value from the bank, when no rights of innocent owners have in.

tervened, 117.
Power of cestui que trust to alien ti ust estate, 231.
Contract to collect or pay over money; trust, 257.
Trust for charitable use; conveyance by trustee; action

to recover fund, 318.
Money stolen and invested in land with knowledge of

party to whom it is deeded; trust will arise in favor of

owner, 460. B, who afterwards died intestate, some time before her death deposited in a savings bank $500, declaring, at the same time, that she wanted the account to be in trust for L, a distant relative. The account was 80 en. tered, and a pass-book delivered to B. B thereafter drew for her own use one year's interest on the deposit. L was not informed, and knew nothing of the de posit. This was held to constitute a trust in favor of L which could be enforced against the administrator of

B, 463. Trusts from purchase of lands, when not created, 475. Executions against trust funds and annuities, 483. ULTRA VIRES. Where part of a contract is ultra vires, whole contract not

void, 287. Purchase of promissory note by national bank not, 33.

Taking of special deposits by national bank 16, 342. | UNITED STATES COURTS.

(see JURISDICTION; PLEADING AND PRACTICE.) USAGE.

(See CUSTOM.] i USURY. i annot be set up in suit by bona fide holder of promis.

sory note, 299.
VENDOR AND PURCHASER.

[See also DEEDS.)
Implied warranty in contracts of sale of real estate; ex.

ecuted convoyance without covenants, 59.
Effect of adverse possession at time of conveyance, 78.
License to enter land not an incumbrance, 315.
Vendors lien not discharged by accepting check which

afterwards proves worthless, 437.
Action for installments of purchase money will lie be-

fore all are due when, 437. VENUE.

[See PLEADING AND PRACTICE.J VERDICT.

[See PLEADING AND PRACTICE.] WAGERS.

[See CONTRACT8.) WAIVER.

Of lien on goods sent to be manufactured, 62.
WARRANTY.

Implied warranty on sale of goods, 76.
Auctioneer selling without disclosing name of owner

liable on implied warranty of title, 192. WATERS AND WATERCOURSES.

[See RIPARIAN RIGHTS.] WILLS. Bequest to the “poorest of my kindred " construed

for benefit of those who are really poor and not of

those who are the least wealthy, 16. Construction of clause in will bequeathing a specific sun

of money to a married woman, and providing that if she shall die leaving no child, then ihe money should be divided between testators children, 138. Construction of word “heirs." in will, 74. "Survivors,"

172.
Evidence as to nuncupative will, 74.

WILLS-Continued.

Parol evidence of test ator declarations, 38.
Proof of signing and attestation of will, 154.
Devise to trustees providing for annual payment to
widow, remainder of net income to be divided between
two daughters with benefit of survivorship, and after
their lives estate to be divided between "surviving"
descendants of testators mothers and sisters. Both
the daughters died and widow elected to take ber
sbare under the statute. Held that the period of distri.
bution did not arrive until death of widow (2) that gilt
to "survivors" meant to those who survived the period
of distribution. The doctrine of acceleration of re.
mainders discussed. Blatchford v. Newberry, 472.
Construction of will; rule in Shelley's case, 236.
Devise to United States government, valid. Dickson v.

WILLS-Continued.
A conveyance of property previously devised works a re-

vocation of such devise; and this, where the convey-
ance is to the devi.ee accompanied by a trust in favor
of the devisor. Coulson v. Holmes, 446.
A will does not take effect upon an after-acquired estate,
and any alteration of the estate of the testator in the
premises after the devise works a revocation of the
will. Ibid.
A court may determine that certain premises are not
within the operation of a certain will without ques-
tioning the validity of such will, or the legality of the

judgment admitting it to probate. Ibid. Can a will be established by evidence of parol declara

tions of deceased. Query, 19; answers, 19, 59. WITNESSES.

[See EVIDENCE.] WOMEN,

[See LAW AND LAWYERS.) WORDS AND PHRASES.

(See INTERPRETATION.] WRITTEN INSTRUMENTS. [As to how for written instruments are subject to parol evidence, see EVIDENCE. As to construction of particular words in a written instruments, Bee INTERPRETA. TION.]

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Clause in will, "I order that $500 per year, for ten years,

be paid over to my niece A," gives her an annuity and

not a legacy of $300, payable in installments, 336. Action will not lie to contest the validity of a will exe

cuted in another state, when a copy of such will and of the probate thereof, duly certified, are offered for filing and record in a court of Indiana. Harris v. Harris,

845. When a probate judge is named legatee in an instrument

purporting to be a will, bis orders for hearing and for notice of publication are good, 438.

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