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(CRIMINAL LAW AND PRACTICE.)

An indictment for conspiracy to commit a crime should describe that crime although it is necessary to set out facts which constitute the separate crime. (U. S. C. C. S. D. Ga.) 317. Parties indicted for felony in a federal court are restricted to twenty peremptory challenges, and all indicted for a joint felony are deemed a single party for that purpose. Id.

The concurrence of nine grand jurors cannot be made sufficient for an indictment under the North Carolina Constitution. (N. C.) 50.

A copy of an information can be allowed to be filed when the original is lost. (Ill.) 48. Arraignment and plea after a trial for felony has begun will not be sufficient to make the trial valid. (II.) 91.

It is the duty of a trial judge in a court of the United States to sum up the evidence for the assistance of the jury. (U. S. C. C. S. D. Ga.) 317.

Evidence.

The sufficiency of one witness corroborated by circumstances to prove perjury is not affected by a Statute saying that the "direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact except perjury and treason." (Mont.) 749.

10 L. R. A.

The amount of evidence necessary to convict of perjury must be more than sufficient to counterbalance the oath of the prisoner, and the legal presumption of his innocence to a a single credible witness strongly corroborated is sufficient. (U. S. C. C. S. Ď. Ga.) 324.

False testimony of a witness on a former trial under duress of bodily harm will not necessarily destroy his testimony. Id.

A variance between indictment and proof as to ownership of stolen property, if not prejudicial, will not be fatal under Missouri Statutes. (Mo.) 39.

A witness who has testified to facts tending to show that another is guilty of murder may be discredited by evidence that he was silent, although knowing the facts, when third parties were accused of the crime. (N. C.) 527.

An accomplice is not incompetent as a witness, but the jury are not obliged to believe him. (U. S. C. C. S. D. Ga.) 317.

Appeal.

The right to appeal from one court to another can exist only by virtue of a statute, and appellate jurisdiction given by a State Constitution extends only to such cases as the Legislature shall designate. (Mich.) 263.

INDEX TO NOTES.

(The General Index follows this.;

387

Adverse possession; title under; under
ancient deeds; ouster by co-tenant; as to
remaindermen and reversioners; what op-
erates as a disseisin
Assignment; what operates as an assign-
ment for creditors; form of; by bill of
sale; by mortgage; by chattel mortgage;
creditor taking mortgage security not
protected as bona fide purchaser 707-709
Attachment; of property of nonresident 504
Bail; admission to on arrest for crime a con-
stitutional right; form of recognizance;
in capital offenses; in cases of homicide;
proof insufficient to justify denial of; dis-
cretion of court conclusive on appeal 847-849
Bailment; liability of gratuitous bailee 481
Bills and notes; protection of bona fide

holder; presumption in his favor; note
fraudulently procured; false representa-
tions as to consideration; knowledge of
facts and circumstances; sufficiency of
notice

Bona fide purchaser; creditor taking bill
of sale not protected as
Boundaries; of grant bordering on stream
Bounties; to soldiers; decisions under va-
rious state statutes
Brokers; real estate; employment of: ex-
clusive agency; right to commissions on
exchange of property
Carriers; common, who are; bill of lading;

clause and stipulation in; contract to de-
liver at a designated point; measure of
care required; liability for negligent loss
of goods; liability as carrier, when ceases;
exemption from liability clause; connect-
ing carrier; liability of
Limitation of liability by contract; restric-
tion on power to limit; restriction of lia-
bility by statute

676

709

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207

109

Criminal procedure; continuance; when

202

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103

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415

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419

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616

135

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Drains and sewers; jurisdiction of com-
missioners; formation of districts; notice
of classification of lands; assessment for
benefits; of highways and railroads; col-
lection of assessment; lien and foreclos-
ure; classification of highways and rail-
roads; collection of assessments or their
enforcement

285

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405 Elections. See VOTERS AND ELECTIONS.

ages against; pleading in action against,
proofs; defenses
737-743
Homestead; conveyance subject to; sepa-

rate deeds; conveyance by husband and
wife

Husband and wife; liability for enticing

away wife

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220

468

568

132

Marriage: essentials to validity of
Obligation under promise of marriage;
breach of; action and defense for breach 584
Indians; purchase of real property from
Indictment, etc. See also GRAND JURY.
Form of, under Liquor Laws: duplicity; al-
legation of time; with continuando; of
place: of person; names of buyers and
frequenters; allegation of scienter; nega-
tive averments; averments as to quantity;
as to quality; necessary averments
For false pretenses; sufficiency of; descrip-
tion of pretenses and property; ownership
and names of parties and particulars of
the offense

Insane persons. See EVIDENCE.
Insolvency; defined

Assignment by partnership; by limited part-
nership; by one partner; validity; gener-
al assignment; preferences

Insurance; accident; recovery at law out of
fund; increase of risk by change of occu-
pation

Re-insurance defined: contract construed;
effect of re-insurance; insolvency of orig-
inal insurer

Cancellation of policy; authority of agent to
cancel

Submission to arbitration as condition pre-
cedent; request of party, validity of condi-
tion; action on award or policy; revoca-
tion of submission; submission as a waiv-
er of notice of loss

Employment of clerks by agent

Life; representations in application; state-
ments as to health and attendance of phy-
sician; conditions as to truth of represen-
tations; warranty

242

302

707

521

383

423

144

558

609

722-725

779

Gas; natural, transportation of; supplying
natural gas a public business; municipal
control of; charter of companies; fur-
nishing a municipal corporation

193

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Health; protection of; within police power 135
Highways; contributory negligence in use
of sidewalk; patent or latent defects
Damages for obstruction by street railway
Rights of abutting lotowners
Keeping sidewalk free from snow and ice;
duties of citizens; negligence of city: no-
tice of defect; reasonable time to remove
cause of danger

Liability of municipality for permitting ob-
struction; temporary use for building pur-
poses; occupation for railroad purposes;
damages by frightened horses; notice of
defect or of injury; proximate cause
Electric wires in; legislative control; erec-
tion of poles; additional servitude; negli-
gent placing of wires
Traveler has right to presume street to be
safe: statutory remedy for injuries suf-
fered; knowledge and notice of defect in
streets; same in sidewalk; notice of injury
a condition precedent to rght of action
against; presentation of claims for dam-

178

Lien; on land of married woman; consent of
owner; creation by acts of husband as
wife's agent

Insurable interest of wife in husband's life;
wife's capacity to make contract of insur-
ance; assignability of policy on husband's
life, or endowment policy

259

Provision against increase of risk; change
in machinery; use of property; in struc-
ture of premises

359

Intoxicating liquors. See also CIDER.

Late decisions under Michigan Liquor Law 80
Sale to minors; decisions in various States 542
Joint tenants and tenants in common:
purchase of adverse title by one

101

Judgments. See EVIDENCE.

Laches; defined; application of doctrine of 125
Landlord and tenant; landlord's duty as
to repairs; lessee's rights and remedies
Liability of lessor of railroad for acts of les-
see's servants

147

794

Larceny; from the person; distinguished
from robbery

109

License; executed; effect of

484

83

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