COMMONWEALTH.

See EMINENT DOMAIN, 1; SOVEREIGNTY; WATERCOURSES, 14, 17.

CONFESSIONS.

See EVIDENCE, 6, 7, 18, 19.

CONFLICT OF LAWS.

1. DOMICILE-HUSBAND'S RIGHT TO THE WIFE'S MOVABLES IS DETERMINED AS FOLLOWS: 1. If there be no determinate domicile of either husband or wife, at the time of marriage, by the lex loci contractus. 2. If the husband and wife have different domiciles, the law of that of the husband is to prevail, because the wife is presumed to follow the domicile of the husband. 3. If the parties, at the time of the contract, had reference to another state than the one where it was made, as the place where they intended to live, by the law of the place of intended residence. 4. If there has been a change of domicile after the marriage, the law of the new domicile governs as to all property acquired after such change. Kneeland v. Ensley, 168.

2. IN THE CASE OF IMMOVABLES, the husband's rights are determined by the law of the place where the same are situated. Id.

3. SUCCESSION OF REALTY IS GOVERNED by the laws of the place where the same is situated; that of personal property by the laws of the domicile. McCollum v. Smith, 147.

4. EACH NATION MAY IMPOSE UPON PROPERTY any character which it shall choose, and no other nation can impugn or vary that character. The laws of Louisiana having made slaves immovable, govern in reference to the succession thereof, anything to the contrary in the laws of Tennessee notwithstanding. Id.

5. COMMON LAW OF ENGLAND IS THE COMMON LAW OF KENTUCKY, except only so far as it has been modified or abolished by the peculiar institutions or the positive enactments of that state. Lathrop v. Commercial Bank, 481.

6. DISTRIBUTION OF THE PERSONAL ESTATE OF A DECEDENT will be made according to the law of the domicile of the deceased. Gravillon v. Richards' Executor, 563.

7. COURT MAY ORDER THE REMISSION OF FUNDS belonging to a foreign succession, to the representatives of the succession, authorized by the courts of the domicile of deceased, to receive them. Id.

8. VALIDITY OF AN INSTRUMENT, the parties to which were domiciliated in another state at the time of its execution, is to be determined according to the law of the state where executed. Graves v. Roy, 568.

9. ASSIGNMENT EXECUTED IN THE STATE OF VIRGINIA, where it is held that a condition for the release of the debtor will not invalidate a conveyance in trust for the benefit of creditors, is nevertheless fraudulent and void as to dissenting creditors, if it conveys only a portion of the insolvent's property. Id.

10. NOTE EXECUTED IN ONE STATE, BUT PAYABLE IN ANOTHER, draws interest after maturity, according to the legal rate allowed in the state in which it is made payable. Lapice v. Smith, 555.

See NEGOTIABLE INSTRUMENTS, 32.

CONSIDERATION.

See CONTRACTS, 11-13; DEEDS, 7; Dower, 1; NEGOTIABLE Instruments, 20;
SALES, 2, 11; SPECIFIC PERFORMANCE, 1, 2; TRUSTS AND Trustees, 1.

CONSIGNOR AND CONSIGNEE.

See COMMON CARRIERS, 2.

CONSTITUTIONAL LAW.

1. IMPAIRING OBLIGATION OF CONTRACT.—An act creating a new board of trus-
tees of an academy, being a private corporation, and clothing them with
the powers exercised by an existing board under a previous act, violates
the obligation of the contract created by the latter, and is therefore
illegal an 1 void. Montpelier Academy v. George, 585.

2. THE RIGHTS OF A PURCHASER OF LAND OFFERED AT PUBLIC SALE ARE
VESTED, and can not be affected by subsequent legislation reviving the
provisions of a former act conferring rights on particular persons as pre-
ferred purchasers, and extending the time within which such rights may
be exercised. Thompson v. Schlater, 556.

3. GOVERNOR IS THE SOLE JUDGE, UNDER ART. 3, SEC. 12 of the constitution
of Delaware, of the "extraordinary occasions" for convening the general
assembly; and although he may err, the judiciary has no jurisdiction to
review his decision or correct his error. Whiteman v. W. & S. R. R. Co.,
411.

See CORPORATIONS, 26; LOTTERIES, 2; MANDAMUS, 8-14; PLEADING AND
PRACTICE, 2.

CONSTRUCTION.

See CONTRACTS, 4-7; Deeds, 11, 13; INSURANCE, 10; MORTGAGES, 5; STATUTES,
1; SUBROGATION, 2; WILLS, 3–5.

CONTRACTS.

1. CONTRACT BY WHICH ONE TRUSTEE AGREES, for a pecuniary compensation
to himself, to permit his co-trustee to have control of the trust fund, is
in violation of law, and the court will neither enforce it while executory,
nor relieve from it when executed, especially where both parties are in
pari delicto. Foote v. Emerson, 203.

2. IF A VENDEE REFUSE TO FULFILL HIS CONTRACT, the vendor may resell
the goods without any notice to him, and look to him for the loss that he
may have sustained by reason of the refusal. West v. Cunningham, 300.
3. A RESALE MADE AFTER A VENDEE'S REFUSAL TO COMPLETE HIS PURCHASE
is not conclusive in fixing the extent of his liability; he may show that
the sale was unfair, or was under circumstances calculated to prevent a
full price. Id.

4. AGREEMENT THAT IF A CERTAIN PERSON WAS ELECTED to congress, then
A. should pay for certain cloth, and if a certain other person was elected
then B. should pay for it, is a several one, and the party who loses is lia-
ble for the price of the cloth to the storekeeper. Lurton v. Gilliam, 430.
5. A CONTRACT SHOULD BE CONSTRUED MOST STRONGLY against the party who
stipulates the payment of a debt or undertakes an obligation. Evans v.
Sanders, 297.

8. A CLAUSE SUSCEPTIBLE of different constructions should be given that
which would cause it to have some operation, rather than that which
would entirely deprive it of effect. Id.

7. STIPULATION TO PAY INTEREST "FROM 1835," inserted in a promissory note,
amounts to an undertaking to pay interest from the first day of that year.
Id.

8. RECEIPT FOR GOODS FOR "BALTIMORE VIA CHESAPEAKE AND DELAWARE
CANAL," shows a contract to carry the goods through that canal to Balti.
morc. Hand v. Baynes, 54.

9. ACTION AT LAW BY THE VENDEE in a contract for the purchase of real
estate to recover back an installment of the purchase price paid, upon the
vendor's failing to convey as agreed, amounts to a rescission of the con-
tract, and it can not afterwards be specifically enforced at the instance of
the vendee. Ilerrington v. Hubbard, 426.

10. SUCH ACTION IS A DISAFFIRMANCE of the contract, and is, in legal con-

templation, notice to every person of such fact; so that thereafter the
vendor is at liberty to treat the contract as rescinded, and to sell and
convey the land to a third person. Id.

11. CONVEYANCE OF LAND TO ANOTHER UPON THE LATTER'S PROMISE TO SELL
the same and pay over the price received above a certain sum, .constitutes
a sufficient consideration for such promise. Linscott v. McIntire, 602.
12. CONTRACT FOR SALE OF LANDS IS VOID FOR WANT OF CONSIDERATION,
where nothing is paid or agreed to be paid therefor by the party with
whom the contract is made. Bean v. Burbank, 681.

13. CONSIDERATION OF SUCH CONTRACT NEED NOT BE RECITED IN THE IN-
STRUMENT, but it must exist in fact, and proof of it is essential to the
legal enforcement of the contract. Id.

14. PARTY TO A CONTRACT CAN NOT ALTER HIS OBLIGATION to a third person,
growing out of it, by subsequently extending the time within which it
is to be executed. Sarjeant v. Danoy, 573.

15. EXECUTION OF A NEW CONTRACT IN THE PLACE OF ONE PREVIOUSLY EX-
ISTING between the same parties, does not affect the right of a person
who had contributed his labor, to recover an agreed compensation,
depending upon the execution of the original contract in the manner
specified. Id.

16. PARTY MAY Recover upon an Agreement growing out of a contract be-
tween two others, where, through a new agreement entered into by the
latter, the performance, by such person, of his obligation, was pre-
vented. Id.

17. AGREEMENT TO GIVE SECURITY FOR PAYMENT OF CERTAIN SUM OF
MONEY, is substantially complied with by giving any such security as is
legally and beneficially available to the promisce, especially after he has
received a benefit from it, without making known any objection to it.
Haskins v. Lombard, 645.

18. CONTRACTOR CAN NOT RECOVER FOR EXTRA WORK MADE NECESSARY BY
CASUALTY where he contracts to do an entire work for a stipulated sum;
as in the construction of a canal where part of the embankment is car-
ried away by a flood before the work is finished. Boyle v. Agawam
Canal Co., 749.

--

19. PAROL ENIDENCE TO CONTRADICT WRITTEN CONTRACT INADMISSIBLE. -
Where a written contract is made for the construction of part of a canal,

at a specified sum per cubic yard for excavations and embankments, the
extent of which is particularly described, parol evidence is inadmissible
in an action by the contractor to recover for extra work in repairing
damages caused by floods or other casualties, to show that it was ver-
bally agreed at the time of the contract, or in the preliminary negotia-
tions, that the defendants were to make a slope wall as the plaintiffs
proceeded in making the embankment, which wall, if made, would have
prevented the loss. Id.

See AGENCY, 5, 10; CONSTITUTIONAL LAW, 1, 2; Deceit, 1; Statute of
FRAUDS, 1-3.

CONVERSION.

See TROVER, 14, 15.

CORPORATIONS.

1. CORPORATE BODY CAN ACT only in the mode prescribed by the law
creating it. Kinzie v. Trustees of Chicago, 443.

2. LEASE EXECUTED WITHOUT THE CORPORATE SEAL by the "trustees of
the town of Chicago," is void. Id.

3. MODE OF ASSENTING TO AND AUTHENTICATING ACTS of a corporate body,
which has a seal, is to affix the scal with a declaration that it is the seal of
the corporation, and to verify the act by the signatures of the president
and secretary of the company. Id.

4. A PROMISE BY THE PRESIDENT and directors of the "Corydon steam
mill company," made for a corporate debt, and executed by the president
of the company, as such, under the corporate seal, in conformity to its
by-laws, is binding upon the corporation, and for a violation thereof it
may be sued in its corporate name. Pitman v. Kintner, 469.

5. CORPORATION CAN HAVE NO RESIDENCE in any particular locality within
the meaning of the statute, determining the venue of certain actions by
reference to the residence of the parties. Wood v. Hartford Fire Ins. Co.,
395.

6. CORPORATORS ARE CONSIDEred DefendanTS to an action against the cor-
poration, where it becomes necessary to pass upon the proper venue of
the action. Id.

7. CORPORATION MAY, WITHOUT SEAL, CREATE AGENCY for collecting and
securing debts due to it. Lathrop v. Commercial Bank, 481.

8. CORPORATIONS HAVE, BY THE COMMON LAW, RIGHT TO ACQUIRE AND
HOLD LAND, except only so far as they are restricted by the objects of
their creation or the limitations of their charters. Id.

9. RIGHT TO ACQUIRE LAND IN KENTUCKY is not confined to citizens or
residents here, nor to natural persons. Id.

10. NONE OF THE ENGLISH STATUTES OF MORTMAIN WERE EVER IN FORCE
in Kentucky. Id.

11. CORPORATION OF SISTER STATE MAY MAINTAIN SUITS in the courts of
Kentucky; in this respect there is no difference between natural and arti-
ficial persons. Id.

12. DECLARATION IN AN ACTION BY A CORPORATION need not aver that the
plaintiffs are incorporated. Richardson v. St. Joseph Iron Company, 460.

13. TRESPASS VI ET ARMIS MAY BE MAINTAIND against a corporation aggre. Whiteman's Executrix v. Wilmington and Susquehanna R. R. Co.,

gate.
411.

14. WHEN COPORATION IS CREATED BY ACT OF LEGISLATURE, its existence and powers, and the mode of exercising them, depend on the law of its creation. Penobscot B. Corp. v. Lamson, 656.

15. LEGISLATURE MAY CREATE CORPORATION WITHOUT REQUIRING CONFORM ITY to the usual mode of organization known to the common law. Id. 16. GRANT OF CORPORATE POWERS TO ONE PERSON, with power to associ ate others with him, or to have succession without doing so, empowers him, or his successor, to exercise all the corporate powers; and his acts, when acting upon the subject-matter of the corporation, and within its sphere of action and grant of power, a the acts of the corporation. Id. 17. ACCEPTANCE OF CHARTER OF INCORPORATION IS PRESUMED from the exercise of the corporate powers. Id.

18. CORPORATION CAN BE DISSOLVED ONLY: 1. By an act of the legislature, where power is reserved for that purpose; 2. By a surrender of its charter, and the acceptance of such surrender; 3. By à loss of all its members, or of an integral part by reason of which its functions can not be restored; 4. By a forfeiture, which must be declared by a judgment of court. Id.

19. DEFENDANT, IN ACTION BY CORPORATION, CAN NOT TAKE ADVANTAGE of any abuse or misuser of corporate powers, or object that no mode of serv. ice, or of attachment, or means of redress or relief, is provided. Id. 20. DEFENDANT, IN SUCH ACTION, CAN NOT CALL FOR PROOF Of Existence of the corporation, where he has failed to plead its non-existence in abatement. Id.

21. MONEY EXPENDED IN ERECTING A BOOM, by the owner of the charter authorizing him to erect it, is presumed to have been expended under such charter. The law infers that it became corporate property, and parol evidence is admissible to show that it was erected by the corporation. Id.

22. SLIGHT DIFFERENCE BETWEEN THE NAME OF AN OFFICER named in a charter of incorporation, granted before the legislature had created such office, and that of the officer provided by a subsequent statute, is not material, where the powers and duties of the officer appointed and those of the officer mentioned in the charter are virtually the same. Id. 23. ACT CREATING A PUBLIC CORPORATION MAY BE ALTERED or modified at will by the legislature. Montpelier Academy v. George, 585.

24. TRUSTEES OF A PUBLIC CORPORATION ARE MERE MANDATARIES OF THE STATE, and can not complain of an abridgment of their powers and privileges by legislative enactment. Id.

25. CORPORATION CREATED BY THE LEGISLATURE FOR EDUCATIONAL PURPOSE3 by an act making an appropriation of public money for that purpose, but which provides that the money is not to be paid until the trustees have provided land and buildings sufficient to accommodate a specific number of scholars, is a private corporation, and not subject to legislative control. Id.

26. ACT CONSTITUTING CERTAIN PERSONS TRUSTEES of an academy, and giv. ing them certain powers as an incorporated body, is a contract, the obligation of which can not afterwards be impaired by amendatory laws. Id. See AGENCY, 8; CONSTITUTIONAL LAW, 1; PLEADING AND PRACTICE, 13.