QUERIES AND ANSWERS-Continued. Can a will be established by evidence of parol declara- A says: "I will give you a dollar for your inkstand." B Catholic priest borrows money to improve school-house, and gives note of church by himself as pastor; who must be sued? Query, 99. Answer, 140. What power has a court of equity to set aside a sale made by executor to himself on his own motion? Query, 80. Answer, 159. If A, being in Illinois, shoot across state line and mortally wound B in Missouri, who goes into Iowa and dies, where is A triable? Query, 59. Answer, 160. Can parol contract between principal and agent, whereby agent is to sell principal's lands, etc., be enforced in equity, and can evidence of third parties, who heard the parties separately ratify the contract, be admitted? Query, 179. Answer, 199, Mistake in making deed; a novel case. Query, 179. Answers, 220, 380. When two amendments of laws are passed by legislature at same time, which will prevail? Query, 159. Answer, 240. Liability of sureties of officer for delinquencies in former term. Query, 199. Answer, 240. Is prospective waiver of homestead right contained in promissory note valid? Query, 219. Answers, 219, 260, 280. Negligence in making demand and protest of note. Query, 199. Answers, 280, 320. Is a promise to give a witness a share of the judgment if he will remain in the state and give his evidence in the case, void? Query, 240. Answer, 240. In order to get tenant to quit landlord pays him $100; can he afterwards recover it? Query, 260. Answer, 340. How should dower and homestead be assigned under Illinois statute? Query, -60. Answer, 379. A question in the law of homesteads. Query, 280. Answer, 380. What was the law of limitation of Missouri as regards foreclosing mortgages in the year 1862? Query, 320. Answer, 340. A question as to an action of trover. Query, 359. Answer, 400. Contract; infancy; discharge of surety. Query, 359. Answer, 420. What is the meaning of the term "shyster?" Query, 400. Answer, 420. A executes his note to a feme sole, whom he afterwards marries without paying the note. How does this affect the note? Query, 419. Answer, 480. Must personal property be reduced to possession in order to entitle the owner to exemption under the statute? Query, 460. Answer, 500. A stakeholder is summoned as garnishee in a suit against the owner. Can he be held liable to the extent of the funds in his hands? Query, 400. Answer, 500. A question as to foreclosure of mortgages in Michigan. Query, 139. Answer, 199. RAILROADS. [See, also, NEGLIGENCE.] Bill of lading; exemption from loss by fire; insurance, 15. Not liable to action for consequential damages occasioned by the construction and operation of their works. 213. Corporation operating railroad under deed of trust a railroad corporation" within Kansas statute, 219. Massachusetts statute regulating rates of freight does not apply to goods transported by one railroad over line of another, 235. Illinois statute as to sale of railroad tickets, commonly called the " scalpers act," constitutional, 261. Construction of Ohio act giving penalty for overcharges, 500. What constitutes an appropriation of land by a railroad company, 341. RAILWAY AID BONDS. See MUNICIPAL BONDS.] RAPE. [See, also, CRIMINAL EVIDENCE ] On indictment for, evidence that prisoner visited houses of ill-fame and gambled inadmissible, 17. On indictment for rape on female under twelve, her statements or belief of prisoner as to her age no defense, 213. Indictment for, on child under ten years, 437. RECEIVERS. Where a receiver has been appointed since the commencement of a suit against corporation, he will not be made a party defendant at suggestion of the plaintiff. If he desires, he can be allowed to defend upon making application therefor. Mercantile Ins. Co. v. Jayne, 67. Suit can not be commenced against receiver without leave being first obtained from court appointing him. Hale v. Duncan, 146. Statute of Mississippi, providing that receivers appointed by any court may be sued without leave of the court ap. pointing or controlling them, can have no application to receivers appointed by courts of the United States. Ibid. When appointment of receiver of insurance company authorized, 192. Appointment of receiver, as regards his right to property and possession, dates from entry of order appointing him, and not from giving of bond, 201. Receiver's certificates; powers of receivers to issue; rights and duties of holders. Bank of Montreal v. C. C. & W. R. R., 267. Liability of receivers for leaving open a dangerous excsvation. Hagan's case, 311. RECOGNIZANCE. Action on, can be commenced only after adjournment of court at which forfeiture was taken, 275. RECORDS. [See JUDGMENTS AND DECREES.] REFERENCE. [See ARBITRATION AND AWARD.] REFORMATION. Deed or mortgage may be reformed against subsequent purchaser or mortgagee who acquires rights with notice of the equities, 314. Of contract of insurance, 497. REGISTRATION LAWS. Liability of register for giving incorrect certificate, 121. Correction by register of mistake in recording mortgage can not operate to overreach a levy made before the correction, 141. Mortgage; registration laws; notice, 237. Effect of record of plat; alteration of registry, 234. Defective record of mortgage does not constitute notice, 316. In suit by mortgagee against mortgagor, or against subsequent grantee with notice, no averment that mortgage was recorded necessary, 418. REMOVAL OF CAUSES. Approval of sureties on bond, 136. Application for removal of cause can not be made to an appellate court. Re Fraser, 227. Word "party" in the act of 1875 is collective, and means all the plaintiffs and all the defendants: all on each side must be "citizens of different states" from those on the other side. Ibid. A federal court has no jurisdiction in proceedings to establish a will. Ibid. In an application for removal of a cause from a state to a federal court, the petition and bond must be filed "before or at the term at which the cause could be first tried, and before the trial thereof." Taylor v, Rocke. feller, 349. Federal court and not state court has the power to adjudge whether the case is a proper one for removal. Ibid. Under act of 1875, although some of the formal or nominal plaintiffs and defendants may be citizens of the same state, still if it be shown that it is a controversy wholly between citizens of different states, and can be fully determined as between them, it may be removed. Ibid. Section 634, Revised Statutes, as to removal to the United States Circuit Court of prosecutions against federal revenue officers in the state courts, constitutional. Findley v. Satterfield, 365. 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 informality, 37. Certiorari proper proceeding, in Illinois, to review proceedings 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 seduction 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. SLANDER AND LIBEL-Continued. Saying "that is false" to a party on witness-stand, actionable, 343. Libel on member of Congress, 343. 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 publications, 345. A newspaper is never exempt from liability where other nublications 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 a bona fide representation made without malice to the proper authority complaining on reasonable grounds, 485. A newspaper article, charging a city physician with causing 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 sidewalk, 426. SPECIFIC PERFORMANCE. On ground that party complaining has contributed to purchase-money, 315. Can parol contract between principal and agent, whereby 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 indemnify 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, sureties 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 discharge 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. SURETIES-Continued. Delay by creditor in issuing execution against principal does not discharge surety, 457. Agreement 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 sum stipulated be actually paid within the time of delay 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 discharges them, 498. Contract; infancy; discharge of sureties. Query 359; answer, 420. SURGEONS. [See PHYSICIANS AND SURGEONS.] 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 deposits at office in Pennsylvania, not thereby subject to be taxed in latter state, 21. The liability of counties, cities and towns to pay back illegal taxes, 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 from 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 Illinois 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, unconstitutional, 401. TAX SALES. Sale of land for taxes, under Tennessee act, invalid, unless 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 (1enn.). Ibid. Failure to recite date of execution, renders tax-deed void, 176. TENDER. Agreement to pay in "good notes," tender of note suffic. lent, though some of the indorsers had restricted their liability, 334. TRADE-MARKS. "Henry's 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, irrespective of citizenship of parties, 81. Jurisdiction of Federal Courts in trade-mark cases. Articles 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. islate upon the subject of trade-marks. Chapter 2, title 60, United States Revised Statutes, relating to trade-marks, is therefore unconstitutional. Leidersdorf v. Flint, 405. The Federal Courts have no jurisdiction 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 Sovereignty of a State; article by Hon. Wm. Archer Cocke, 423. TRESPASS. Sufficient justification that officer was acting under pro. cess issued from court having jurisdiction, 116. Where an agent permits subordinate employee to trespass, he is 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, 400. 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 intervened, 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 so en tered, and a pass-book delivered to B. B thereafter drew for her own use one year's interest on the depos it. 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. WILLS-Continued. Parol evidence of test ator declarations, 38. Devise to trustees providing for annual payment to Clause in will, "I order that $500 per year, for ten years, When a probate judge is named legatee in an instrument WILLS-Continued. A conveyance of property previously devised works a revocation of such devise; and this, where the conveyance 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 questioning 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 declarations of deceased. Query, 19; answers, 19, 59. WITNESSES. [See EVIDENCE.] WOMEN, [See LAW AND LAWYERS.] [As to how for written instruments are subject to parol Volumes of the CENTRAL LAW JOURNAL, in half sheep, cloth sides, at the following rates: Vol. 1, 1874, $5.00; Vol. 2, 1875, $5.00; Vol. 3, 1876, $5.00; Vol. 4, Jan. to June, 1877, $4.00; Vol. 5, July to December, 1877, $4.00; Vol. 6, January to June, 1878, $4.00; Vol. 7, July to December, 1878, $4.00. Total, $31.00. Parties wishing the entire set will be furnished them for $28.00, purchaser to pay freight. These volumes contain more recent case-law than can be obtained by investing four times their cost in ordinary reports. 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