indictment as shows that the defendant has committed a substantive crime therein specified; per Lord Ellenborough, 2 Campb. 583; 4 B. & C. 329; 21 Pick. 525; 4 Gray, 18; 7 id. 49, 331; 1 Taylor, Ev. § 215. Thus, on an indictment for murder the prisoner may be | convicted of manslaughter, for the averment of malice aforethought is merely matter of aggravation; Coke, Litt. 282 a. In Pleading. The introduction of matter into the declaration which tends to increase the amount of damages, but does not affect the right of action itself; Stephen, Pl. 257; 12 Mod. 597. See 3 Am. Jur. 287-313. An example of this is found in the case where a plaintiff declares in trespass for entering his house, and breaking his close, and tossing his goods about; the entry of the house is the principal ground and foundation of the action, and the rest is only stated by way of aggravation; 3 Wils. 294; and this matter need not be proved by the plaintiff or answered by the defendant. AGGREGATE. Consisting of particular persons or items, formed into one body. See CORPORATION. AGGRESSOR. He who begins a quarrel or dispute, either by threatening or striking another. No man may strike another because he has been threatened, or in consequence of the use of any words. AGIO. A term used in commercial transactions to denote the difference of price between the value of bank-notes or other nominal money and the coin of the country. AGISTMENT. The taking of another person's cattle into one's own ground to be fed, for a consideration to be paid by the owner. See AGISTOR. AGISTOR. One who takes in horses or other animals to pasture at certain rates; Story, Bailm. § 443. AGREEMENT and the agnatio spreads and is perpetuated not AGNATIO (Lat.). In Civil Law. A relationship through males; the male children. Especially spoken of the children of a free father and slave mother; the rule in such cases was agnatio sequitur ventrem; Du Cange. AGNOMEN (Lat.). A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Africanus the African), from his African victories; Ainsworth, Lex.; Calvinus, Lex. NOMEN. See AGRARIAN LAWS. In Roman Law, Those laws by which the commonwealth disposed of its public land, or regulated the possession thereof by individuals, were termed Agrarian Laws. The greater part of the public lands acquired by conquest were laid open to the possession of any citizen, but the state reserved the title and the right to resume possession. The object of many of the agrarian laws was to limit the area of public land of which any one person might take possession. The law of Cassius, B. c. 486, is the most noted of these laws. Until a comparatively recent period, it has been assumed that these laws were framed to reach private property as well as to restrict possession of the public domain, and hence the term agrarian is, in legal and political literature, to a great degree fixed with the meaning of a confiscatory law, intended to reduce large estates and increase the number of landholders. HarringHe is not, like an innkeeper, bound to take ton, in his "Oceana," and the philosophers of the all horses offered to him, nor is he liable for French Revolution, have advocated agrarian laws The researches of Heyne, Op. 4. any injury done to such animals in his care, in this sense. unless he has been guilty of negligence, or 351; Niehbuhr, Hist. vol. ii., trans.; and Safrom his ignorance, negligence may be in-vigny, Das Recht des Besitzes, have redeemed the Roman word from the burden of this meaning. ferred; Holt, 547. AGREAMENTUM. Agreement. Spelman says that it is equivalent in meaning AGNATES. In Scotch Law. Rela- to aggregatio mentium, though not derived theretions on the father's side. As to whether he is entitled to a lien, see 3 Hill, 485, and LIEN. AGNATI. In Civil Law. The members of a Roman family who traced their origin and name to a common deceased ancestor through the male line, under whose paternal power they would be if he were living. 66 They were called adgnati-adgnati, from the words ad eum nati. Ulpianus says: Adgnati autem sunt cognati virilis sexus ab eodem orti: nam post suos et consanguineos statim mihi proximus est consanguinei mei filius, et ego ei; patris quoque frater qui patruus appellatur; deincepsque ceteri, si qui sunt, hinc orti in infinitum;" Dig. 38, 16, De suis, 2, § 1. Thus, although, the grandfather and father being dead, the children become sui juris, and the males may become the founders of new families, still they all continue to be agnates; from. AGREEMENT. A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; a mutual assent to do a thing; Comyn, Dig. Agreement, A 1; Plowd. 5 a, 6 a. Aggregatio mentium.-When two or more minds are united in a thing done or to be done. It ought to be so certain and complete that either party may have an action on it, and there must be a quid pro quo; Dane, Abr. c. 11. The consent of two or more persons concurring, the one in parting with, the other in receiving, some property, right, or benefit; Bacon, Abr. A mutual contract in consideration between AGREEMENT two or more parties; 5 East, 10; 4 Gill & J. 1; 12 How. 126. employment, or duty impliedly contracts to do it with integrity, diligence, and skill; and he "The expression by two or more persons of impliedly contracts to do whatever is fairly within a common intention to affect the legal rela-plied promises, or promises in law, only exist the scope of his employment; 6 Scott, 761. Imtions of those persons;" Anson, Contr. 3. An agreement "consists of two persons being of the same mind, intention, or meaning, concerning the matter agreed upon"; Leake, Contr. 12. Agreement" is seldom applied to specialties; "contract" is generally confined to simple contracts; and "promise" refers to the engagement of a party without reference to the reasons or considerations for it, or the duties of other parties; Parsons, Contr. 6. An agreement ceases to be such by being put in writing under seal, but not when put in writing for a memorandum; Dane, Abr. c. 11. It is a wider term than "contract"; Anson, Contr. 4; an agreement might not be a contract, because not fulfilling some requirement of the law of the place in which it is made. A promise or undertaking. This is the loose and inaccurate use of the word; 5 East, 10; 3 B. & B. 14; 3 Conn. 335. The writing or instrument which is evidence of an agreement. This is a loose and evidently inaccurate use of the term. The agreement may be valid, and yet the written evidence thereof insufficient: as, if a promissory note be given for twenty dollars, the amount of a previous debt, where the note may generally be neglected and the debt collected by means of other evidence; or, again, if a note good in form be given for an illegal consideration, in which case the instrument is good and the agree ment void. Conditional agreements are those which are to have full effect only in case of the happening of certain events, or the existence of a given state of things. where there is no express stipulation between the parties touching the same matter; for expressum facit cessare taciturn; 2 Bla. Com. 444; 2 Term, 105; 7 Scott, 69; 1 Ń. & P. 633. The parties must agree or assent. There must be a definite promise by one party accepted by the other; 3 Johns. 534; 12 id. 190; 9 Ala. 69; 29 Ala. N. s. 864; 4 R. I. 14; 2 Dutch. 268; 3 Halst. 147; 29 Penn. 358. There must be a communication of assent by the party accepting; a mere mental assent to the terms in his own mind is not enough; L. R. 2 App. Ca. 691. But the assent need the party's acts; L. R. 6 Q. B. 607; L. R. not be formally made; it can be inferred from thing in the same sense; 4 Wheat. 225; 1 10 C. P. 307. They must assent to the same Sumn. 218; 2 Woodb. & M. 359; 7 Johns. 660; L. R. 6 Q. B. 597. 240; 18 Ala. 605; 9 M. & W. 535; 4 Bing. The assent must be mutual and obligatory; there must be a request on one side, and an assent on the other; 5 Bingh. N. c. 75. The assent must comprehend the whole of the proposition; it must be exactly equal to its extent and provision, and it must not qualify them by any new matter; 1 Parsons, Contr. 400; and even a slight qualification destroys the assent; 5 M. & W. 535; 2 Sandf. 133. The question of assent when gathered from conversations is for the jury; 1 Cush. 89; 13 Johns. 294. A sufficient consideration for the agreement must exist; 2 Bla. Com. 444; Chitty, Contr. 20; 2 Q. B. 851; 5 Ad. & E. 548; 7 Brown, Ch. 550; 7 Term, 350; as against third parties this consideration must be good or valuExecuted agreements are those where no-able; 10 B. & C, 606; Chitty, Contr. 28; as thing further remains to be done by the par- between the parties it may be equitable only; 1 Pars. Contr. 431. ties. Executed agreements take place when two or more persons make over their respective rights in a thing to one another, and thereby change their property therein either presently and at once, or at a future time upon some event that shall give it full effect, without either party trusting to the other. Such an agreement exists where a thing is bought, paid for, and delivered. Executory agreements are such as rest on articles, memorandums, parol promises or undertakings, and the like, to be performed in the future, or which are entered into preparatory to more solemn and formal alienations of property; Powell, Contr. An executed agreement always conveys a chose in possession, while an executory one conveys a chose in action only. Express agreements are those in which the terms are openly uttered and avowed by the parties at the time of making. Implied agreements are those which the law supposes the parties to have made, although the terms were not openly expressed. Thus. every one who undertakes any office, But it need not be adequate, if only it have some real value; 3 Anstr. 732; 2 Sch. & L. 395, n. a; 9 Ves. 246; 16 East, 372; 11 Ad. & E. 983; 1 Metc. Mass. 84. If the consideration be illegal in whole or in part, the agreement will be void; 6 Dana, 91; 3 Bibb, 500; 9 Vt. 23; 5 Penn. 452; 22 Me. 488, So also if the consideration be impossible; 5 Viner, Abr. 110, Condition; Coke, Litt. 206 a; Sheppard, Touchst. 164; L. R. 5 C. P. 588; 2 Lev. 161. See CONSIDERATION. The agreement may be to do any thing which is lawful, as to sell or buy real estate or personal property. But the evidence of the sale of real property must generally be by deed, sealed; and in many cases agreements in regard to personal property must be in writing. See STATUTE OF FRAUDS. The construction to be given to agreements is to be favorable to upholding them, and according to the intention of the parties at the time of making it, as nearly as the meaning of the words used and the rules of law will permit; 1 Pars. Contr. 7; 2 Kent, 555; 1 H. AGREEMENT Bla. 569, 614; 30 Eng. L. & E. 479; 5 Hill, 147; 40 Me. 43; 10 A. & E. 326; 19 Vt. 202. This intent cannot prevail against the plain meaning of words; 5 M. & W. 535. Neither will it be allowed to contravene established rules of law. And that the agreement may be supported, it will be construed so as to operate in a way somewhat different from that intended, if this will prevent the agreement from failing altogether; 22 Pick. 376; 9 Wend. 611; 16 Conn. 474. Agreements are construed most strongly against the party proposing (i. e., contra proferentem); 6 M. & W. 662; 2 Parsons, Contr. 20; 3 B. & S. 929; 7 R. I. 26. See CON TRACTS. The effect of an agreement is to bind the parties to the performance of what they have thereby undertaken. In case of failure, the common law provides a remedy by damages, and equity will in some cases compel a specific performance. Rob. N. Y. 150; 2 Curt. c. c. 277; 19 N. Y. 305. It is usually in writing, but may be by parol or by parol acceptance of a written proposal; 2 Curt. c. c. 524; 19 How. 318; 31 Ala. 711. It must be in such form or expression that the parties, subject, and risk can be thereby distinctly known, either by being specified or by references so that it can be definitely reduced to writing; 1 Phillips, Ins. §§ 6-14 et seq.; 2 Parsons, Marit. Law, 19; 19 N. Y. 305. Such an agreement must have an express or implied reference to some form of policy. The ordinary form of the underwriters in like cases is implied, where no other is specified or implied; 56 Penn. 256; 7 Taunt. 157; 2 C. & P. 91; 3 Bingh. 285; 3 B. & Ad. 906. Where the agreement is by a communication between parties at a distance, an offer by either will be binding upon both on a despatch by the other of his acceptance within a reasonable or the prescribed time, and prior to the offer having been countermanded; 1 Phillips, Ins. §§ 17, 21; 27 Penn. 263. See IN AID AND COMFORT. Help; support; assistance; counsel; encouragement. The constitution of the United States, art. 3, s. be treason. These words, as they are to be unUnited States, giving them aid and comfort, shall derstood in the constitution, have not received a full judicial construction; but see 97 U. S. 39, as to their meaning in the Act of Congress, March 12, 1863. See also 92 U. S. 187; 13 Wall. 128; 16 id. 147; 7 Ct.Cl. 398. They import help, ment. The word aid, which occurs in the stat. support, assistance, countenance, encourageWestm. 1, c. 14, is explained by Lord Coke (2 Inst. 182) as comprehending all persons counselling, abetting, plotting, assenting, consenting, and encouraging to do the act (and he adds, what is not applicable to the crime of treason), also 1 Burn, Just. 5, 6; 4 Bla. Com. 37, 38. who are not present when the act is done. See The obligation may be avoided or destroyed by performance, which must be by him who was bound to do it; and whatsoever is neces-SURANCE POLICY. sary to be done for the full discharge of this duty, although only incidental to it, must be done by him; 2 Pars. Contr. 148; 11 Q. B. 368; 4 B. & S. 556; 48 Iowa, 462; 39 Wis. 553; by tender of exact performance accord-3, declares, that adhering to the enemies of the ing to the terms of the contract, which is sufficient when the other party refuses to accept performance under the contract; 6 M. & G. 610; Benj. Sales, 563; by acts of the party to be benefited, which prevent the performance, or where some act is to be done by one party before the act of the other, the second party is excused from performance, if the first fails; 15 M. & W. 109; 8 Q. B. 358; 6 B. & C. 325; 10 East, 359; by rescission, which may be made by the party to be benefited, without any provision therefor in the agreement, and the mere acquiescence of the other party will be evidence of sufficient mutuality to satisfy the general rule that rescission must be mutual; 4 Pick. 114; 5 Me. 277; 7 Bingh. 266; 1 W. & S. 442; rescission, before breach, must be by agreement; Anson, Contr. 247; Leake, Contr. 787; 7 M. & W. 55; 2 H. & N. 79; 6 Exch. 39; by acts of law, as confusion, merger; 29 Vt. 412; 4 Jones, No. C. 87; death, as when a master who has bound himself to teach an apprentice dies; inability to perform a personal service, such as singing at a concert; L. R. 6 Exch. 269; or extinction of the subject-matter of the agreement. See also ASSENT; CONTRACT; DISCHARGE OF CONTRACTS; PARTIES; PAYMENT; RESCISSION. AGREEMENT FOR INSURANCE. An agreement often made in short terms preliminary to the filling out and delivery of a policy with specific stipulations. Such an agreement, specifying the rate of premium, the subject, and risk, and amount to be insured, in general terms, and being assented to by the parties, is binding; 4 AID BONDS. See BONDS. other person AID PRAYER. In English Law. A petition to the court calling in help from anin dispute. For example, a tenant for life, by the curtesy, or for years, being impleaded, may pray aid of him in reversion; that is, to allege what he thinks proper for the maindesire the court that he may be called by writ, tenance of the right of the person calling him, and of his own; Fitzherbert, Nat. Brev. 50; Cowel. who has an interest in the matter AIDER BY VERDICT. In Pleading. The presumption which arises after verdict, whether in a civil or criminal case, that those facts, without proof of which the verdict could not have been found, were proved, though they are not distinctly alleged in the record; provided it contains terms sufficiently general to comprehend them in reasonable intendment. The rule is thus laid down, that where a matter is so essentially necessary to be proved, that had it not been in evidence the jury could not have given such a verdict as that recorded, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by the verdict; and where a general allegation must, in fair construction, so far require to be restricted that no judge and no jury could have properly treated it in an unrestrained sense, it may reasonably be a presumed after verdict that it was so restrained at the trial; 1 Maule & S. 234, 237; 1 Saund., 6th ed. 227, 228; 1 Den. Cr. Cas. 356; 2 Carr. & K. 868; 13 Q. B. 790; 1 id. 911, 912; 2 Mann. & G. 405; 2 Scott, New Rep. 459; 9 Dowl. 409; 13 Mees. & W. 377; 6 C. B. 136; 9 id. 364; 6 Metc. 334; 6 Pick. 409; 16 id. 541; 2 Cush. 316; 6 id. 524; 17 Johns. 439, 458. They were originally mere benevolences granted to the lord in certain times of danger and distress, but soon came to be claimed as a right. They were originally given in three cases only, and were of uncertain amount. For a period they were demanded in additional cases; but this abuse was corrected by Magna Charta (of John) and the stat. 25 Edw. I. (confirmatio chartarum), and they were made payable only,-to ransom the lord's person, when taken prisoner; to make the lord's eldest son a knight; to marry the lord's eldest daughter, by giving her a suitable portion. The first of these remained uncertain; the other two were fixed by act of parliament (25 Edw. III. c. 11) at twenty shillings each, being the supposed twentieth part of a knight's fee; 2 Bla. Com. 64. They were abolished by the 12 Car. II. c. 24; 2 Bla. Com. 77, n. AIEL (spelled also Ayel, Aile, and Ayle). Cowel. A writ which lieth where the grandfather was seized in his demesne as of fee of any lands or tenements in fee simple the day that he died, and a stranger abateth or entereth the same day and dispossesseth the heir; Fitzherbert, Nat. Brev. 222; Spelman, Gloss.; Termes de la Ley; 3 Bla. Com. 186. ALABAMA AIELESSE (Norman). A grandmother. Kelham. AILE. A corruption of the French word aïeul, grandfather. See AIEL. which surrounds our globe. AIR. That fluid transparent substance No property can be had in the air; it belongs equally to all men, being indispensable stood with this qualification, that no man has right to use the air over another man's land To poison or materially to change the air, to in such a manner as to be injurious to him. the annoyance of the public, is a nuisance; Cro. Car. 510; 2 Ld. Raym. 1163; 1 Burr. 333;1 Strange, 686; Dane, Abr., Index; see NUISANCE. to their existence. But this must be under the land of another cannot be acquired by An easement of light and air coming over prescription in the United States; 17 Am. L. Reg. 440, note; 111 Mass. 119; 2 Watts, 327; 19 Wend. 300; 54 N. Y. 439; 5 W. Va. 1; 2 Conn. 597; 16 Ill. 217; 25 Tex. 238; 1 Dudl. 131; 5 Rich. 311; 26 Me. 436; 11 Md. 23; 10 Ala. N. s. 63; though the rule is otherwise in England; 8 E. & B. 39; see 2 Washb. R. P. 62 et seq. Upon a conveyance the right to air over the grantor's remaining land is implied in grantee; 34 Md. 1; s. c. 11 Am. L. Reg. 24; but in other states only where it is an easement of necessity; 18 Am. L. Reg. 646; Washb. Easem. 618; 58 Ga. 268; 5 W. Va. 1. When it is never implied, see 115 Mass. 204; 10 Barb. 537; 33 Penn. 371; 51 Ind. 316. The right would not be implied in the grantor; 24 Iowa, 35; s. c. 7 Am. L. Reg. 336, note; L. R. 2 C. P. D. 13. AISIAMENTUM (spelled also Esamentum). An easement; Spelman, Gloss. AJUAR. In Spanish Law. The jewels and furniture which a wife brings in marriage. AJUTAGE (spelled also Adjutage). A conical tube used in drawing water through an aperture, by the use of which the quantity of water drawn is much increased. When a privilege to draw water from a canal, through the forebay or tunnel, by means of an aperture, has been granted, it is not lawful to add an ajutage, unless such was the intention of the parties; 2 Whart. 477. ALABAMA. One of the United States of America. The territory of Alabama was organized under an act of congress of March 3, 1817; 3 Statutes at Large, 371. An act of congress was passed March 2, 1819, authorizing the inhabitants of the territory of Alabama to form for themselves a constitution and state government. In pursuance of that act, the constitution of the state of Alabama was adopted by a convention which met at Huntsville, July 5th, and adjourned August 2, 1819. The constitution provides that the general assembly may, whenever two thirds of each house thereto, which, having been read on three several shall deem it necessary, propose amendments days in each house, shall be duly published in such manner as the general assembly may ALABAMA direct, at least three months before the next general election for representatives, for the consideration of the people; that the several returning officers, at the next general election which shall be held for representatives, shall open a poll for the vote of the qualified electors on the proposed amendments, and shall make a return of said vote to the secretary of state; and that, if it shall thereupon appear that a majority of all the qualified electors of the state, who voted at such election, voted in favor of the proposed amendments, said amendments shall be valid, to all intents and purposes, as parts of the constitution; Const. art. xvii. § 1. The constitution also provides "That no convention shall hereafter (Dec. 6, 1875) be held for the purpose of altering or amending the constitution of this state, unless the question of convention or no convention shall be first submitted to a vote of all the electors of the state, and approved by a majority of those voting at said election;" Const. art. xvii. § 2. tives are that senators must be at least twentyseven years of age, and representatives at least twenty-one years of age; both senators and representatives must have been citizens and inhabitants of the state for three years, and inhabitants of their respective counties or district one year, next before their election. Persons are ineligible who hold any office of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars; or who hold any office of profit under the state, except justices of the peace, constables, notaries public, and commissioners of deeds; or who have been convicted of embezzlement of the public money, bribery, perjury, or other infamous crime; and no member of the legislature is re-eligible thereto who has once been expelled for corruption. Members of the general assembly are in all cases, except treason, felony, violation of their oath of office, and breach of the peace, privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same, and from accountability for words spoken in debate. They receive a comnot be appointed to offices of profit created or improved in their emoluments during their terms, except such offices as are filled by popular election. A member of the General Assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly, must disclose the fact to the house of which he is a member, and cannot vote thereon. Prior to the constitution of 1868, the acceptance by the people of proposed constitutional amendments must have been afterwards, and be-pensation fixed by the constitution. They canfore another election, ratified by two-thirds of each house of the general assembly. Under this provision the constitution was amended in 1830, 1846, and 1850. In 1861, 1865, 1868, and 1875, respectively, new constitutions were submitted to the people by conventions called for that purpose, and with the exception of that proposed in 1868 were subsequently ratified and adopted. Every male citizen of the United States, and every male person of foreign birth, who has been naturalized, or who may have legally declared his intention of becoming a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, who shall have resided in the state one year, three months in the county, and thirty days in the precinct or ward, next immediately preceding the election at which he offers to vote, is a qualified elector, and may vote in the precinct or ward of his actual residence, and not elsewhere, for all officers elected by the people. THE LEGISLATIVE POWER.-The legislative power of the state is vested in a senate and house of representatives, together composing the general assembly. The senators are elected for a term of four years, and the representatives for a term of two years, on the first Monday in August, by the electors. The voting is by ballot. The senators are divided into two classes, one of which goes out of office at the end of every period of two years; Const. of 1875, art. iv. § 3; Code of 1876, page 131, § 3. The general assembly meets biennially at the capitol, and is composed of thirty-three senators and one hundred representatives, the largest number in both houses allowed by the constitution. The whole number of senators shall not be less than one-fourth, nor more than one-third of the whole number of representatives. The representatives are apportioned among the counties according to the number of their inhabitants, by the general assembly at its regular session next after each decennial census of the United States, each county being entitled to, at least, one representative. The senators are apportioned among thirty-three senatorial districts, the districts being as nearly equal to each other in the number of inhabitants as may be, and each district being entitled to one senator and no more. No county must be divided between two districts, and no district shall be made of two or more counties not contiguous to each other; Const. 1875; Code of 1876, page 143. The Qualifications of Senators and Representa All bills for raising revenue must originate in the house of representatives, but the senate may propose amendments as in other bills. No law can be passed except by bill, and no bill must be so altered or amended on its passage through either house as to change its original purpose. The general assembly has no power to pass a special or local law for the benefit of individuals or corporations in cases which are or can be provided for by a general law, or when the relief sought can be given in any court of the state; but may pass special or local laws concerning public or educational institutions, and industrial, mining, manufacturing, or immigration corporations, or interests, or corporations for constructing canals, or improving navigable rivers or harbors in the state. The state cannot engage in works of internal improvement, nor lend money on its credit in aid of such; nor be interested in any private or corporate enterprise, or lend money or its credit to any individual, association, or corporation; nor can the state, through the general assembly, authorize any county, city, or town, to so lend its credit, or to grant any public money or thing of value in aid of any individual, association, or corporation, or to become a stockholder in any such corporation, association, or company, by issuing bonds or otherwise. Each house chooses its presiding officer and other officers; judges of the election, qualification, and returns of its members; determines the rules of its proceedings; punishes for disorderly conduct, or contempt; enforces obedience to its process; protects its members against violence, or offers of bribes, or corrupt solicitations; and may, with the concurrence of two-thirds of either house, expel a member, but not a second time for the same cause. Each house keeps and prints a journal of its proceedings. A majority of each house constitutes a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members. Any member may dissent from, or protest against, any act or resolution which he may think injurious to the |