GAMING, when lawful at common law, 134. when unlawful at common law, 134. wrestling match, 136. GENERAL AVERAGE, loss when included in, 732. GOVENOR, discretion of, not subject to control, 361. mandamus against, 361-368. ministerial acts, mandamus to compel performance of, 362. INDICTMENT, impossible or future date fatal to, 96. entitled to personal notice, 288. notice to, by letter, 288, 576. INFANTS, command of father does not excuse tort of, 180. contracts, liability for, 180. conversion, liability for, 183. detinue, liability to action of, 184. ejectment against, 179. liability for act done by command of parent, 180. liability for destroying shrubbery, 179. liability for goods purchased, 183. liability for false representation as to age, 184. liability for trespass in school, 183. tort, founded on contract, liability for, 181. INSURANCE, abandonment, notice of, 733. deviation of vessel, effect of, 60. for whom it may concern, 733. marine, loss occasioned by neglect to employ a pilot, 599–601. marine, pilot must be employed, 599. marine, warranty of seaworthiness in, 599. ratifying contract of, 37. repairs when must be made, 733. risk not contemplated, 59. seaworthiness essential to marine, 37, 115. ISLANDS, formed in streams, title to, 281. JUDGMENT, merger by, when against a member of a firm, 686. JURISDICTION, how conferred, 239. nature and kinds of, 239. of estates of living persons, 239. of estates prior to passage of law, 239. JURY bound by instructions, 37. LEVY of execution, whether essential to valid sale, 697-699. LICENSE arising from silence, 407. LIMITATION, Surrender to one of several co-tenants, 629. MANDAMUS against governor in Alabama, 363. against governor in California, 364. AM. DEO. VOL. XXXIII-49 MANDAMUS, against governor in Maryland, 365. against governor in Minnesota, 305. against governer in Montana, 365. against governor in North Carolina, 365. against governor, states in which it does not lie, 366. to compel governor to draw a warrant, 355. to compel governor to issue a commission, 365. to compel governor to issue a proclamation, 365. MINISTERIAL Acr, defined, 362. MORTGAGE, for sum not due absolutely, when void, 392. must give reasonable notice of the debt, 392. MUNICIPAL CORPORATION, streets, right of to authorize the construction of railroad in, 516. NEGOTIABLE INSTRUMENT, notice of non-payment, what excuses, 111. not required to hunt parties, 49. NUISANCE, demand to discontinue, when essential, 407. OFFICIAL BOND, sureties can not object to errors in, 376. PARTIES, joint, when judgment must be against all or none, 104. non-joinder, when must be made available by plea in abatement, 105 PATENT, confirmation by act of congress is equivalent to, 553. PILOT, essential to seaworthiness, 599. loss occasioned by neglect to employ, 599-601. obligation to employ, 599. PROBATE, effect of grant of administration, when there is a will, 240. effect of issuing letters in wrong county, 241. jurisdictional inquiries concerning, 242. jurisdiction of courts of, is special, 241. no jurisdiction over estates of living persons, 239. no jurisdiction over estates of persons dying before passage of act, 239. no jurisdiction over property in another state, 239. PROMISSORY NOTE, bearer of, what must prove, 554. for sum absolute, when void, 392. holder must use diligence to find residence of indorser, 576. indorsee, when protected, 555. onus of showing failure of consideration, 555. PUBLIC LANDS, confirmation of title to, when equivalent to patent, 553. title by entry and payment before patent, 560. RATIFICATION, must be with knowledge, 36. of unauthorized insurance, 37. presumed from silence, 36. RECEIPT IN FULL, effect of, 389. RELICTION, defined, 280. title by, in whom vests, 280. BALE, concealment of facts when not a fraud, 710. false representations in effecting, effect of, 710. fraud in, may entitle vendor to reclaim property, 702. fraud in, when and from what presumed, 709. fraud, right of holder to retake or recover property on account of, 705. fraudulent, affirmed by suing for price, 706. fraudulent, consideration must be restored before disaffirming, 707. fraudulent, election to affirm is irrevocable, 705. fraudulent, election to disaffirm, when and how may be made, 705. fraudulent, is voidable and not void, 703. fraudulent, must be affirmed or disaffirmed as a whole, 706. fraudulent purchaser, bona fide purchaser from, 704. fraudulent purchaser, bona fide pledgee from, 704. fraudulent purchaser is bound by, 704. frauduleut purchaser, vendce of, with notice, 705. fraudulent, who may avoid, 704. payment, preconceived design not to make, 708. payment, when required to pass title, 703. to one fraudulently pretending to be an agent, 702. undisclosed insolvency does not amount to fraud, 707. SEAWORTHINESS, want of, is fatal to marine insurance, 37. SHIPPING AND ADMIRALTY, deviation discharges insurers, 60. deviation makes ship liable for loss, 60. deviation not justified by mere apprehension of danger, 60. deviation, what is a, 60. SLANDER, privileged communication, 541. SPECIFIC PERFORMANCE, delay in applying for, 645. STREETS, power to authorize use of railroad in, 516. TAX, illegal in part, when void in toto, 215. liability for enforcing void, 215. TORTS, infant's liability for, 179. TROVER, Conversion, sale of property by heir is a, 199. VENDOR, assignee of, entitled to lien of, 130. right to reclaim goods for fraud in sale, 702-710. WARRANTY, what words in a bill of sale import a, 441. INDEX. ABANDONMENT. See INSURANCE, 26, 28-31. ACCESSION. 1. OWNER OF PROPERTY MOVABLE OR IMMOVABLE HAS A RIGHT BY ACCESSION to that which is added or united to it. Peirce v. Goddard, 764. 2. WILLFUL TRESPASSER CAN ACQUIRE NO RIGHT BY ACCESSION to the property of another, and the owner may reclaim it notwithstanding any alteration of form, unless it be changed into a different species and incapable of restoration to its original state. Id. See MORTGAGES, 10; WATERCOURSES, 10. ACTIONS. See COMMON CArriers, 2; Covenants, 2, 9; Detinue, 1; Dower, 1; InsurANCE, 9, 10; LOTTERIES, 5; NEGOTIABLE INSTRUMENTS, 37; PLEADING AND PRACTICE, 1; SLANDER, 1, 2. ADMINISTRATORS. See EXECUTORS AND ADMINISTRATORS. ADMISSIONS. See BOUNDARIES, 1, 2. ADVERSE POSSESSION. 1. THE POSSESSION OF LAND BY VIRTUE OF A VERBAL CONTRACT of sale, is the possession of the vendor; but after conveyance the vendee may take advantage of such possession, in order to establish adverse possession. Valentine v. Cooley, 166. 2 JURY MAY PRESUME A CONVEYANCE FROM LONG-CONTINUed and UninTERRUPTED POSSESSION by the presumed grantee without any adverse claim on the part of the presumed grantor or his heirs, and from other circumstances rendering such presumption reasonable, although no record of such conveyance can be found. Valentine v. Piper, 715. 3. PRESUMPTION OF A CONVEYANCE INCLUDES THE PRESUMPTION of everything necessary to give such conveyance effect, as, for instance, registration. Id. See BOUNDARIES, 4; MORTGAGES, 2, 3. AGENCY. 1. AGENT BINDS HIS PRINCIPAL BY HIS ACTS within the ordinary scope of his usual authority, unless specifically limited and restricted. McClure v. Richardson, 105. |