CONSTRUCTION.—Continued.

....

of section 37 of Securities act, as not authorizing recovery
of interest by purchaser of securities...
when tax exemption provision in a special charter must be
construed with constitution of 1848-contract must be
construed as a whole.....

laws exempting property from taxation are to be strictly
construed-application of rule-law which is unambigu-
ous cannot be construed.....

meaning of the word "having" or "hold," when applied to
property-meaning of the word "held" and of the term
"held by" ...

PAGE.

428

478

478

... 479

of special charter of Chicago Home for Girls, as to what
property is exempt from taxation....

.....

of will, as to when remainder after a life estate is a base
or determinable fee .....

479

... 508

of section 6 of Detention Home act of 1907, as to when
tax may be levied.......

... 519

...

of will, as to when devise creates a contingent remainder
with double aspect-merger....
of act of 1921 to prevent destruction of future interests,
as not being retroactive.....

521

....

a statute should not be given retroactive effect unless in-
tention is clear......

521

521

contract of surety must be strictly construed..
the intention to be given effect is that expressed in will—
when surrounding circumstances may be shown in con-
struing will ....

526

.....

of will, as to when word "heirs" is used as a word of limi-
tation-Shelley's case-word "heirs" is presumed to be
used in technical sense...

....

557

557

of section 12 of Dower act, as to when widow is not en-
titled to one-half the land covered by lapsed devise..... 557
statute authorizing taking of private property for public
highway must be strictly construed......

577

of section 98 of Roads and Bridges act, as not authorizing
taking private property for private road-when commis-
sioner and justice of peace have no jurisdiction........ 577
of the school district validating act of May 4, 1921, as
not applying where final judgment is entered prior to
its passage

583

CONTRACTS.-See SPECIFIC PERFORMANCE.
burden is on defendant to prove that stipulated damages
in building contract provide for a penalty......
when parties may stipulate damages in building contract.. II

II

CONTRACTS.-Continued.

when amount stipulated for failure to complete contract
will be regarded as liquidated damages......
when stipulated damages will be regarded as a penalty...
title to grain does not pass to warehouseman merely be-
cause no receipts are given for storage.....

when a contract may be avoided for duress by threats-
whether contract was obtained by threats is a question
of fact-allegations

PAGE.

12

12

64

.... 134

....

agreement does not avoid inheritance tax where convey-
ance cannot be enforced prior to death of grantor....
a contract must be construed as a whole.....
contract of surety must be strictly construed....
reliance upon fraudulent representations is not negligence
although parties are dealing at arm's length.....
general rule as to where sales of personal property are
completed.

CONVERSION.-Sec EQUITY.

..........

373
478

526

540

564

CONVEYANCES.-See DEEDS; SPECIFIC PERFORMANCE.

CORPORATIONS.-See SECURITIES.

what is meant by capital stock of corporation.....
public utility corporation may be taxed on the full amount
of authorized capital stock under section 105 of the Cor-
poration act .......

54

appointment of receiver of railroad company does not en-
large or restrict corporate powers...

corporation whose property is in hands of receiver is sub-
ject to franchise tax under section 105 of the Corpo-
ration act ....

act of Congress for control of railroads did not deprive
States of power to assess franchise tax.....

franchise tax of interstate railroad is not a burden on in-
terstate commerce

stockholders may defend suit against corporation if di-
rectors or trustees neglect to do so....
when deed to religious corporation is void....

115

206

legislature may restrict or prevent the transaction of busi-
ness by foreign corporations in Illinois.....

324

performance of legal duty imposed on corporation may be
compelled by mandamus-taxation.....

324

an agent of a foreign insurance corporation may be com-
pelled by mandamus to make a return of net receipts
for taxation

324

CORPORATIONS.-Continued.

......

PAGE.

when tax exemption provision in a special charter must
be construed with constitution of 1848....
when tax exemption provision may include the property
leased for revenue.

478

479

what property of Chicago Home for Girls is exempt un-
der special charter...

479

COUNTIES.

county tax cannot exceed the rate of fifty cents on $100
valuation.

251

... 312

when amount of county tax for miscellaneous purposes is
too large for levy in one item.....
Detention Home act leaves method of levying tax to the
provisions of Revenue law.....

.....

415

what may be included in tax levied to establish a deten-
tion home.

....

415

amounts for establishment and maintenance of detention
home must be levied separately......

415

detention home tax may be levied in year in which the
act is adopted by election.....

519

COURTS. See APPEALS AND ERRORS; JURISDICTION.

CREDITORS.-See DEBTOR AND CREDITOR.

CRIMINAL LAW.

what constitutes forgery at common law-venue in for-
gery need not be proved beyond reasonable doubt......
indictment for forgery of municipal bond need not show
authority of officers of village to issue bond......
there is no presumption of law that forgery is committed
where the forged instrument is disposed of............
intent to defraud is not presumed until forged instrument
is uttered.....

each party to a conspiracy is a party to all acts in further-
ance of the common design...

....

what is proof of participation in larceny-when the par-
ties agree to commit a felony, which is consummated, all
are guilty ...

....

when an instruction may assume that goods were stolen—
court should avoid giving impression to the jury as to
guilt of accused......

when cross-examination of witness is not unduly restricted 93
procuring an abortion and attempting to do so are dis-

tinct offenses-abortion and attempted abortion defined.. 98

CRIMINAL LAW.-Continued.

PAGE.

guilt may be established by circumstantial evidence-jury
must determine the credibility of witnesses..... .... 124
when, only, will reviewing court reverse judgment on the
evidence. ...

......

124

when a lengthy cautionary instruction is not erroneous—
when instruction directing verdict of guilty is erroneous. 226
instruction as to voluntary manslaughter is not applicable

to plea of self-defense....

instruction as to right of self-defense should not require
"well grounded" belief in danger.....
instructions should not be long and argumentative.....
when time allowed for argument in support of motion for
new trial is sufficient......

226

227

227

... 239

when beginning trial on day court appoints counsel for de-
fendant is not error...
judgment against defendant by his true name need not
mention his alias..............

...

239

239

when objection that an indictment charged two felonies
is waived .....

239

what is the essential element of larceny-what are the es-
sential elements of attempt to commit larceny.......... 264
evidence of complete offense will not sustain conviction
for an attempt to commit larceny-when crime of lar-
ceny is complete........

.... 264

court cannot extend period of probation before termina-
tion of first period..

279

failure to enter formal order to show cause for violation
of probation does not render other orders void......... 279
effect of a void order extending period of probation-de-
fendant is entitled to disposition of his case at end of
probation period ...

279

279

the court loses jurisdiction if sentence is indefinitely sus-
pended, and judgment entered is void....
when a new trial should be granted to include testimony
of another witness-a repetition of instructions should
be avoided .....

.... 361

instruction as to presumption of malice from deliberate act
should not ignore defense of self-defense.....
what instruction as to self-defense tends to confuse jury.. 361
writ of error will be dismissed for failure to file assign-
ment of errors.....

361

367

when defendant may be cross-examined as to previous ar-

rest on another charge....

376

order of admission of testimony rests in discretion of the

trial court...

376

CRIMINAL LAW.-Continued.

.....

PAGE.

376

...... 376

when evidence of possession of revolver by the defendant
when arrested is admissible.....
when variance is not material-question of variance must
be raised in trial court.....
proof of participation as accessories will sustain convic-
tion of defendants charged as principals......
verdict of jury is not to be controlled by number of wit-
nesses testifying ...

376

377

trial judge should exercise care to avoid influencing the
jury during the trial...........

383

when limitation of argument of the defendant's counsel is
unreasonable.

383

an unreasonable limitation of argument is ground for a
new trial....

383

390

.. 392

.... 392

Parole law does not violate Federal constitution...
what questions are improper in examination of jurors-
what statement volunteered in testimony of police officer
is prejudicial to defendant....
evidence of defendant's reputation as a peaceable citizen
is not relevant in trial for larceny....
argument of State's attorney must be based on evidence.. 392
extent of rule prohibiting evidence of another crime-
when part of confession referring to other crimes can
not be admitted.......
verdict cannot be sustained if incompetent evidence may
have affected the degree of punishment...

....

a defendant may be prosecuted for perjury in giving tes-
timony by which he obtained his acquittal of another
charge.

422

422

458

458

extent to which evidence of other transactions is admis-
sible in prosecution for receiving stolen property...... 458
what evidence is admissible in prosecution for perjury by
defendant on a former trial.......
admission of evidence should be carefully guarded in a
prosecution for perjury by defendant on former trial... 458
what argument of State's attorney is improper in a prose-
cution for perjury....

when party issuing a bogus money order is guilty of con-
fidence game

458
what does not render convicts incompetent as witnesses... 459
error in date in caption of indictment is not material-
variance must be objected to on the trial.....
what proof is sufficient to establish venue-what evidence
of similar transactions is admissible in prosecution for
confidence game

451

451

451