LIMITATION.

ADVERSE POSSESSION

Will not affect the holder of a certificate of purchase of land from the
United States until his patent is issued . .

. . . 135

DEMAND NOTE

Is subject to the running of the statute from its date, though no actual
demand has been made.

NUISANCE.

... 206
Culvert under a railroad embankment, which injures adjoining land
by discharging water on it, is a continuing nuisance, and an action of
damages for maintaining such nuisance is not subject to the bar of the
. . 271

statute.

LIQUOR DEALERS. See LEGAL HOLIDAYS.

LIQUOR LAWS.
DRUGGIST

See INTERstate Commerce.

Authorized to sell intoxicating liquors upon a proper application, has
a discretion to refuse to sell, and is not liable in an action of damages
for such refusal. . .

... 206

LICENSE

To sell liquors for a year is not a contract, but a police regulation, and
the license fee may be raised before the expiration of the year. . 206
MINORS.

Purchase of intoxicating liquor for a minor by a bystander with the
minor's own money, at the liquor seller's suggestion, is in effect a
sale to the minor
. . 271

LOUISIANA.

At the cession of the territory to the United States, the laws of Spain
were in force . .

The civil law still retained

Jurisdiction and procedure of the Courts

Insolvent laws of the State are of Roman origin

Court practice

I

2

2

2

3

7

MARSHAL. See CONSTITUTIONAL LAW.

MASTER AND SERVANT. See DEPOT COMPANY.

ASSAULT AND BATTERY.

9

12

14

Peculiarities of the State laws in contrast with those of other
States.

19

Committed by a servant while endeavoring to take his master's per-
sonal property from the possession of a person who claims to own it,
renders the master liable in damages. ..

. 408

BOARD OF COMMISSIONERS.

Incorporated to furnish a city with water, is not liable for injuries re-
ceived from the negligence of its servants

271

CATTLE.

Statutory lien upon, cannot be acquired by a servant who is em-
ployed to tend and feed the cattle of his master.

...623

CHILD OF TENDER YEARS

May recover from his master for injuries received from machinery
which the master negligently ordered him to oil . . . ... 623
DANGEROUS BUSINESS

Requires the employer to know the character and extent of the dan-
ger and to warn his servant specially and unequivocally. . . . . 206
ELEVATOR HAND

Must be provided by his employer for a reasonable length of time with
a competent instructor, and the master will be liable to his servant

MASTER AND SERVANT—(continued.)

for any injury resulting from the negligence or incompetency of such

instructor

. 271

FELLOW-SERVANT.

Bridge watchman is not a fellow-servant with the engineer and con-
ductor of a train
206

Train dispatcher is not a fellow-servant with train hands.
- 335
Yard switchman is not a fellow-servant with a locomotive en-
gineer

335

Foreman, who is ordered to remove a barge from the water, is not a
fellow-servant with a laborer employed in such work
Carpenter, porter and stewardess of a steamship are fellow-ser-

271

- 334

206

vants

LATENT DEFECTS

Servant is not bound to know

MECHANIC'S LIENS.

REPLACING DEFECTIVE HEARTHS

In a house previously completed does not extend the time for filing a
lien

623

SUB-CONTRACTOR

Is bound by an agreement of the principal contract-that the property
shall be built and delivered to the owner, free of all liens. ... 408
MERCANTILE AGENCY. See LIBEL.

Liable for a loss occasioned by an errror in its published book, when
such error arises in printing the book, and not in collecting informa-
tion for it, notwithstanding a contract exempting it from liability for
the negligence of its officers and agents..

408

MINERALS.

109

Oil is a mineral under the Pennsylvania Act of 1850.
Reservation of all minerals in a deed does not include petroleum. 109
See LEGISLATURE.

MONTANA.

CANVASS.

Act of Congress, and Constitution and Ordinances of the Constitu-
tional Convention of Montana, declare who shall canvass for votes
at the election for the approval of the Constitution and choice of the
first State officials . .
. 223

MORTGAGES.

DECLARATION

Of grantee when insufficient to convert a deed, absolute on its face,
into a mortgage
..623

HOMESTEAD.

Mortgagee of homestead and other real estate must exhaust all the
other property before resorting to the homestead to satisfy his mort-
gage
PARTNERSHIP.

71

Mortgage made to, in the firm name, is valid.

624

STATE.

Mortgage by, cannot be enforced, as a State cannot be sued

MUNICIPAL CORPORATIONS.

BONDS.

271

Interest on municipal bonds ceases when they fall due and the means
are provided for their payment
206
When issued pursuant to Act of the Legislature authorizing certain
commissioners to borrow money on the faith and credit of the town,
and execute bonds thereof, after a majority of the tax-payers have as-
sented thereto, which fact is to be proved by affidavit, prevent de-
fenses arising out of these facts
. . 376
VOL. XXIX-60

MUNICIPAL CORPORATIONS—(continued.)

BOOKS AND RECORDS

Not private

50

The doings of, and of their officers, and the records and files of, are
open to public inspection.

No special interest need be shown

Public officer has no exclusive right to examine

Inspection not to be charged for, unless made by officer, or his subor-
dinates
50

CONTRACTS OF.

Exclusive contract for lighting the streets with coal gas, is not in-
fringed by permitting electric lights on the streets and in stores. 115
Exclusive contracts with gas companies are valid, but subject to the
State's police power
HOLDERS OF BONDS OF.

... 117
Purchasers in open market, without notice, are bona fide holders. 380
Irregularities or defects not apparent, do not prejudice the right of
bona fide holders
. 381
Excess of issue over constitutional limitation of indebtedness does not
invalidate

381
Irregularities in calling the election required by law does not in-
validate
. 381
Notice of defects is not to be imputed to holder from pendency of
litigation over the issue of the bonds.
Estopped by recitals ..

.382

.382
In aid of railways, valid in the hands of a bona fide purchaser.. 382
Latent defects in execution are not a defense against bona fide
holders

382

Want of power to issue the bonds affects the right of bona fide
.383

holders

383-384

50

50

50

The municipality is not estopped by recitals

Excess of constitutional limitation of indebtedness affects a bona fide
holder

383

384

Unconstitutionality affects a bona fide holder

MUTUAL BENEFIT INSURANCE.

Insanity considered as within the phrase "sickness or other dis-
ability," so as to entitle the member to benefit

- 334

NATURAL GAS.

An article of commerce whose transportation cannot be
State laws.

Belongs to the owner of the ground, until it escapes
Pennsylvania Act of 1885

NATURALIZATION.

CANCELLATION.

Certificate obtained by fraud in a State Court, will be cancelled in a
Federal Court . .

. . . 795

restricted by
.. 117

93
102

NATURAL GAS CORPORATIONS.

In Pennsylvania, are incorporated under General Laws.
Use of public street or country highway by a natural gas corporation
is an additional burden and must be compensated for
The owner of land may lay a pipe under the easement of a railroad
company

105

105

Ejectment will lie against the lessee as his interest is considered cor-
porial in Pennsylvania

105

The usual rules of negligence apply to natural gas.

107

In Pennsylvania such corporations are subject to municipal regula-
tion...
. 107

109

Must make reasonable rates.
In the absence of expert evidence, a court will not decide that natural

104

NATURAL GAS CORPORATIONS—(continued.)

gas is included in lease to mine for petroleum, rock or carbon oil, or
other valuable substances

114

EMINENT DOMAIN.

The right of, granted to natural gas corporations in Pennsylvania,
is within the constitutional power of the Legislature.
LEASES.

NATIONAL BANKS.
JURISDICTION OF FEDERAL COURTS.

Construction of various .

STREETS, USe of.

Municipal contracts may be avoided by City Council if not warranted
by charter

116

WAY, EXCLUSIVE RIght of,

May be void as contrary to public policy, and imposing an unreason-
able restraint upon trade

117

NEGLIGENCE.

CONTRIBUTORY NEGLIGENCE.

. 102

May be sued, or bring suit, in the Federal Courts by or against a citi-
zen of another State from that in which the bank is located, when the
amount involved reaches the statutory limit
206

Suit by stockholder of, against its officers and directors, all of whom
are residents of the same State with such stockholder, to compel the
collection of a note due the bank and the payment by the directors of
sums lost by reason of their alleged illegal conduct, is not within the
jurisdiction of the Federal Courts.
. . 407

See RAILROADS.

Not chargeable to a pedestrian who, being aware of defects in a side-
walk, abandons it for the roadway
71

Is chargeable to one who rides with another in his wagon, by the lat-
ter's invitation and not for hire, and fails to warn the driver of their
approach to a dangerous railroad crossing, which he knows well and
might have seen, if he had exercised ordinary care

71
Is chargeable to one who stands between two tracks of a cable com-
pany and attempts to board a car on one track without watching for
cars coming in the opposite direction on the other track. .. 272
Going upon a railroad track with knowledge that a fast train is due,
is

795

Is not chargeable to a shipper of stock who uses the only platform
provided by a railroad company for that purpose, although he knows
it to be unsafe, but who exercises reasonable care in its use. 272
Is not chargeable to one who, having been placed, through the negli-
gence of another, in a position of danger, does not exercise coolness
and presence of mind in trying to escape from such danger. .
DEFECTIVE BRIDGE.

334

Opened by a municipality for public travel, renders it liable for dam-
ages, although one side of the bridge may have been perfectly
272

safe

NOTARY PUBLIC.

WOMAN

Cannot be a notary public under the Massachusetts law.

FIREWORKS.

Negligent discharge of, will render the persons in charge of the dis-
play ira le for the injuries thereby inflicted
272

NOTICE

Of the dangerous condition of a building is not necessary to charge
the owner with liability for injuries sustained through its falling. 272

334

NUISANCE.

None per se, when thedondants are making a lawful use of their
franchise

- 551

OIL. See DAMAGES, MINERALS.

DEFINITION.

Oil not synonymous with gas

PROPERTY IN

A well sunk by the owner is his exclusively

II

Not analogous to the surface owner's right in running streams c

water.

II.

Taken out by wrong-doer, remains the property of the wel

II

owner.

Severance of,

From the freehold, does not divest the owner of his title.

OYSTERS.

PARTIES TO ACTION.

CONFLICT OF Laws.

II

Natural oyster-bed as distinguished from artificial is not one plante
and constituting a mass or stratum.

-33-

Administrator appointed in Maryland cannot sue in Maryland under
a West Virginia statute for the death of his intestate caused by negli
gence in West Virginia . .

408

PARTNERSHIP.

CONVERSION. See SURVIVING PARTNER.

DISSOLUTION.

Decreed in equity where party has been induced to enter into
through fraud or deceit, or business cannot be worked at a profit. 551
EXECUTOR

PEDDLING.

Carrying on, with the surviving partner with testator's assets as di-
rected by the will, not liable personally for the old firm's debts. . 551
INTEREST ON CAPITAL.

Charge of, does not convert an agreement, otherwise constituting a
partnership, into a relation of debtor and creditor. .
...624
REAL ESTATE.

Purchase of, by a surviving partner under an attachment in a suit
brought by him for a partnership debt, at the sheriff's sale, does not
make such property real estate descendible to the heirs.
.795

PASSENGER. See COMMON Carriers.

PATENTS AND INVENTIONS.

EXPIRATION

Between the service of the bill for infringement and the return day
bars relief in equity. . .
..551

LICENSE.

To use cannot be revoked, when it does not contain a revocation
clause, and licensor must resort to action at law

-795

REVOCATION. See LICENse.

Statute prohibiting, is valid . .

405

But peddling without a license cannot be forbidden to citizens of
another State.

.621

POLICE POWER OF THE STATES.

See INTERSTATE COMMERCE, STATE Power.

Must yield to the commercial power of the United States

425

Not delegated to the United States, and not prohibited to the States,
and consequently reserved to the States.

426

Congress cannot exercise police powers within a State; though a
State cannot by its police power, prevent interstate commerce. 741
The Supreme Court of the United States will uphold State police
regulations, when enacted in good faith and appropriate to the pro-
tection of life, liberty and property
741

A provision in an internal revenue act, fixing the flashing point of il-
luminating oil, is of no effect in a State

741