61. Menacing gestures sufficient to sustain verdict.
(Cal.) People v. Bird, 12 Rep. 743.

62. Threatening with razor while some yards off.
Kief v. State, 10 Tex. App. 286.

63. With intent to rob; how charged. Phillips
v. State, 36 Ark. 282.

64. With intent to rob; discussion of evidence.
Robertson v. State, 10 Tex. App. 602.

65. Assault with intent to ravish; physician's
testimony; exemplary damages. Fay v. Swan, 44

Mich. 544.

71. Aggravated, by "adult"; accused must be
twenty-one years of age. Schenault v. State, 10 Tex.
App. 410.
Assignment.

72. Contract founded on personal trust not
assignable. Boykin v. Campbell, 9 Mo. App. 495.
73. Creditor cannot assign part of claim. Beard-
slee v. Morgner, 24 Alb. L. J. 537.

74. Assignment of overdue note does not carry
right of action on original contract. Wetmore v.
Neuberger, 44 Mich. 362.

75. Meaning of words "assignable in law."
Palmer v. Locke, 18 Ch. D. 381.

76. Right of action for fraud not assignable.
Dickinson v. Seaver, 44 Mich. 624.

Fraudulent assignment by Agent, 20; for Credi-
tors, see below; of Legacy, 399; by Garnishee,
572; of Insurance policy, 635; of farm products,
888; under Mortgage, see that title; of Notes,
etc., 988; of calls on Stock, 1217; of Stock Sub-
scriptions, 1224.

Assignment for Creditors; see BANKRUPTCY; of
right to Redemption money, 466.
Association; CLUB; SOCIETY.

77. Expulsion for failure to pay dues; notice;
by-laws. Wachtel v. Noah Widows Society, 84 N.
Y. 28.

78. Personal liability of committee managing
business enterprise. Callam v. Barnes, 44 Mich.

593.

79. Members of the "Yonkers Dramatic Club "
not individually liable in first instance for rent.
Flagg v. Swift, 13 N. Y. Week. Dig. 285.

80. Mandamus to reinstate member of Masonic
lodge. Burt v. Grand Lodge, 44 Mich. 208.

81. Society to agitate for repeal of liquor law
cannot sue in society name. Detroit Schuetzen Bund
v. Detroit Verein, 44 Mich. 313.

82. Price agreed on for club supper; person
ordering not liable for extras furnished. Eaton v.
Gay, 44 Mich. 431.

Connected topics, CHURCH; CORPORATION; SUB-
SCRIPTION; PARTNERSHIP.
Attachment.

83. Of land; bond to dissolve; approval of

sureties; notice to adverse party; omission of clerk
to send certificate to county registry: O'Hare v.
Downing, 130 Mass. 16.

84. Of real estate under statute; officer's return.
Morse v. Aldrich, 130 Mass. 578.

85. Notice to second attaching creditor; waiver;
mode of appraisement for sale; dissolution of
attachment on
one article; selling more than
Wheeler v. Ray-
enough; charging unlawful fees.
mond, 130 Mass. 247.

86. Proof, by other evidence, of exact time of
attachment not stated in officer's return. Garity v.
Gigie, 130 Mass. 184.

87. Defective service; plaintiff not liable for
officer's misdoings. Michels v. Stork, 44 Mich. 2.
88. Service by copy; attachment of judgment;
service on debtor's attorney. Flandrow, matter of,
84 N. Y. 1.

89. Attachment avoided by non-service of sum-
mons; not revived by appearance; order vacating,
appealable. Blossom v. Estes, 84 N. Y. 614.

90. Proceeding to charge wife's separate estate
a "civil action." Frank v. Siegel, 9 Mo. App. 467.
91. Dissolution where issued on ground of fraud.
Powers v. O'Brien, 44 Mich. 317.

92. Discharge of writ by justice; attachment
not continued on writ of error. Pellewells v. Allen,
12 Rep. 746.

93. Error held not to lie on affirmance of order to
dissolve attachment. Gray v. York, 44 Mich. 415.

See, also, GARNISHMENT; other related topics;
JUDGMENT; EXECUTION; BANKRUPTCY; SHERIFF,

etc

Attorney; ATTORNEY AND CLIENT; PRIVILEGED

COMMUNICATIONS.

94. Attorneys' partnerships; contracts to give
business; rights of surviving partner. Noble v.
Bellows, 24 Alb. L. J. 497.

95. What communications of client are privi-
leged. Root v. Wright, 84 N. Y. 72.
96. Charging retainer; usage. McLellan v. Hay-
ford (Maine), 24 Alb. L. J. 536.

97. Attorney's lien on land sold on execution
and bought by client. Porter v. Hanson, 36 Ark.

591.

98. Taking mortgage from client; duty to make
it out properly. Cockburn v. Edwards, 18 Ch. D.
449.

99. Costs between solicitor and client; English
acts. Worth, re, 18 Ch. D. 521.

Serving attachment on, 88; women disqualified
to be, 1349; connected topic, CHAMPERTY.
Attorney-General; stipulations by, 1211.
Autrefois Convict, etc.; see CRIMINAL LAw, 278.
Average; GENERAL AVERAGE.

100. Expense of getting stranded vessel off.
Alcona, 24 Alb. L. J. 536.

See, also, SHIPPING, 1206.
Award; see ARBITRATION.

The

Bail; related topics, ARREST; SHERIFF; SURETY.
101. Contract to indemnify bail contrary to public
policy. Wilson v. Strugnell, 7 Q. B. D. 548.

102. Bond of indemnity to bail in criminal case,
not illegal. Connor v. Harlan, 130 Mass. 265.

145. Arkansas Act constitutional; stipulation of
debtor for release; when title vests in assignee.
Clayton v. Johnson, 36 Ark. 406.

146. Covenant of creditor not to sue; their rights
remain against sureties; what amounts to "security
in hands of creditor. Dickinson v. Metacomet Bank,
130 Mass. 132.

147. Assignee's right to sue not affected by neg-
lect to record assignment. Howes v. Burt, 130 Mass.
368.

148. Assignment made over two months before
bankruptcy; assignee's relation to marshal. Mathews
v. Stewart, 44 Mich. 209.

149. Assignment of property charged with trust;
proving trust by parol. Chace v. Chapin, 130 Mass.

128.

159. Induced by fraud of debtor; he may be sued
for full amount. Enneking v. Stahl, 9 Mo. App.
390.

160. Invalid promise to pay one creditor in full
before composition carried out. Barrow, ex p., 18
Ch. D. 464.

161. Setting aside composition; bankrupt's right
to deal with his assets. Shaw, re, 9 Fed. Rep. 495.
162. Necessity of debtor's presence at meetings.
Best, ex p., 18 Ch. D. 488.

163. Refusal to register sham resolutions passed
in debtor's interest. Williams, ex p., 18 Ch. D. 495.

Discharge.

164. New promise after discharge; paying debt
in work; then suing for the work. Pierce v. Mann,
130 Mass. 14.

165. New promise by bankrupt, pending pro-
ceedings. Groves v. McGuire (notes), 24 Alb. L. J.
463.

166. Certificate as evidence of discharge; annull-
ing it; no right to trial by jury. Kempton v.
Saunders, 130 Mass. 236.

167. Federal Act; application to annul discharge;
amendment under § 5110. Sims, re, 9 Fed. Rep.

440.

Related topic, PARENT AND CHILD.
Bequest; see DEVISE.

Betterment; see MUNICIPAL CORPORATION, 909.
Betting; see GAMING.
Bigamy; POLYGAMY.

Bill of Exchange; see NEGOTIABLE INSTRUMENTS.
Bill of Lading; Railway, 1101; Maritime, 1199.
Bill of Particulars.

171. Not a component of the pleading; not
demurrable. Cicotte v. Wayne County, 44 Mich. 173.
172. In case of labor debt; waiver. Peterson v.
Tilden, 44 Mich. 168.

173. Provisions of N. Y. Code; power of court
to order, and punish disobedience. Dwight v. Germ.
Ins. Co., 84 N. Y. 493.

Bill of Sale.

174. Bills of Sale Act; "Possession" defined;
Attestation. Seal v. Clavidge, 7 Q. B. 516.

175. Registry of bill of sale; priority. Connelly
v. Steer, 7 Q. B. 520; Lyons v. Tucker, id. 523.
Board; LODGING.

176. Action by aunt against nephew for board;
presumptions as to whether gift was intended.
Thurston v. Perry, 130 Mass. 240.
Bond.

177. Liability not necessarily limited to literal
penal sum. Helena v. Fitzpatrick, 36 Ark. 583.

178. Penal sum construed to apply to each of
installments. Helena v. Fitzpatrick, 36 Ark. 583.

On Appeal, 39; for jail limits, 58; in Attach-
ment, 83; of Executor, 483; of Insurance agent,
620; of Public Officer, 993; other connected
topics, BAIL; SURETY.

Books; BOOK-ENTRIES.

179. Charges first made on slate, and then posted.
Redlich v. Bauerlee, 98 Ill. 134.

180. Illinois Act construed. Stettauer v. White, 98
Ill. 72.

181. How far party calling for book is concluded
by it. Clapp v. Emery, 98 Ill. 523.
See also, 1006, 1045.

Boundary.

182. Monuments; omission of boundary line.
Woodward v. Nims, 130 Mass. 70.

183. Number of lot on recorded plat prevails over
false boundary line. Union R. Co. v. Skinner, 9
Mo. App. 189.

184. Boundary by stream; low-water-mark the
true line (Iowa, Dec. 14, 1881). Murphy v. Copeland,
10 N. West. Rep. 786.

On Street, see DEED, 362; other connected topics,
FENCE; WATER-COURSE.

Breach of Promise; see MARRIAGE, 791; SEDUC-
TION, 1182.

Bribery; by candidate, see 421, 992.
Bridge; county, 255.

Broker.

185. When commission earned; not bound to
advise. 24 Alb. L. J. 536.

See, also, 1157, 1218; and the connected topics,
FACTOR; AGENCY; STOCKS; SALE; VENDOR AND
PURCHASER.

Buildings; BUILDING CONTRACTS.

186. Action by builder for labor and materials,
where contract was abandoned by owner.
Ford v.
Burchard, 130 Mass. 424.

187. Extra work done by architect's order;
owner not liable. Starkweather v. Goodman (Conn.),
12 Rep. 775.

Burglary; BREAKING AND ENTERING.

188. Description of store entered. People v.
Edwards, 12 Rep. 743.

189. With intent to steal A.'s goods; charge of
intent to steal B.'s. Comm. v. Moore, 130 Mass. 45.

190. Joint offense; alleging one defendant to
have been armed; knife inserted between sashes.
Harris v. People, 44 Mich. 305.

191. Indictment; allegations, People v. Stewart,
44 Mich. 484.

Burial; PLACES OF BURIAL; CEMETERIES.

192. Bill in equity by husband against wife's
relatives for permission to remove her body to his
own cemetery lot. Weld v. Walker, 130 Mass. 422.
By-laws; ofC orporations, 426.

Challenge; of Jurymen, 286.

Champerty;.... no cases.
Chancery; See EQUITY.

Charity; related topics, TRUST; CHURCH; DE-
VISE; CORPORATION, etc.

196. Mandamus against trust-body; Charitable
Trusts Act. Attorney-General v. Dean, 18 Ch. D.
596.

197. Gift to executors to distribute to such per-
sons or institutions as they might consider most
deserving, too indefinite. (Cases reviewed.) Nich-
ols v. Allen, 130 Mass. 211.

198. Cy-pres; enormous increase of ancient trust-
fund. Campden Charities, re, 18 Ch. D. 310.

Void for

199. Residue to executor to distribute according
to wishes expressed to him by testator.
indefiniteness. Extrinsic evidence of charitable
purpose refused. Olliffe v. Wells, 130 Mass. 221.

200. Conditions of gift to town erecting school
building; keeping tomb in repair. Piper v.
Moulton, 24 Alb. L. J. 456.

Charitable Legacy, 382; State institution, 1208.
Charter-party; see SHIPPING.

Cheating; see FALSE PRETENSES; FRAUD.
Checks; see BANKING, 126.

Children; see INFANCY; PARENT AND CHILD;
DEVISE; DESCENT; as Witnesses, 401.

Chose in Action; Assignment of, 540; Seques-
tration of, 1184.

Church; CLERGYMAN; ECCLESIASTICAL LAW; RE-
LIGIOUS SOCIETY.

201. Use of Methodist church by non-Evangeli-
cal ministers; duty of trustees under charter. 24
Alb. L. J. 523.

202. Public Worship Act; contumacious clerk.
Green v. Penzance, 6 App. Cas. 657.

Defamation of clergyman, 743.

Cities; see MUNICIPAL CORPORATIONS.
Citizenship; pleading of, 659; of Railroad, 1077.
Civil Damage Laws; see 770.

Club; see ASSOCIATION.
Collateral Security; see PLEDGE.
Collision; see SHIPPING.

Comity; see 346, 750, 1325.

Commerce; COMMERCIAL REGULATIONS.

204. Invalidity of Massachusetts Act regulating
inspection and sale of Maine lime. Higgins v.
Lime, 130 Mass. 1.

As to Pilots, see that title; regulation of rail-
roads, 1075.

Committee; Signature by, 974; see also, 78.
Common; COMMON LANDS; Town LANDS.

205. Power of burgh magistrates over public
grounds. Patterson v. Provost, 6 App. Cas. 833.
Composition; see AccORD; with Creditors, 159.
Concealed Weapons; carrying of, see ARMS.
Condition; in Assignment for Creditors, 142;
pleading conditional Contract, 210; in Deed,
366; in Charitable Gift, 382, 1210; in Insurance
policy, 623; in Notes, 5, 972; in Bills of Lad-
ing, 1104.

Confessions; see CRIMINAL LAW; 297; see also,
351.

Conflict of Laws; LEX Locr; as to foreign Bank
shares, 134; in Bankruptcy, 139; as to Death
by negligence, 346; of Federal and State
authority as to Elections, 420; as to Executors,
etc., 471; Forged deed, 533; in Garnishment,
560; foreign Judgments, 663; Shipping and Ad-
miralty, 1192, 1203; corporate Taxation, 1236;
Usury, 1307; Warehouse laws, 1325; see also,
540, 630, 750.

Consideration; of Deed, 355; of Notes, 971;
see also, 504.

Consignment; see FACTOR.