of them without the seller's knowledge, the only
effect of such action was to cast upon him the

SERVICES.

§ 5. Remedies of buyer.

Defendant, in action to recover for failure to
deliver the full amount of timber purchased,
cannot recover without proof that other timber
could not have been procured, and of its market
value at the time and place of delivery.-Kin-
ports v. Breon (Pa.) 436.

§ 6. Conditional sales.

Statutory regulations of a state respecting the
recording of contracts for conditional sales have
no extraterritorial force.-Davis v. Osgood (N.
H.) 432.

Under Rev. St. Me. c. 111, § 5, and chapter
91, 1, an agreement for conditional sale of
chattels delivered within Maine to vendee resid-
ing in New Hampshire is void as to third par-
ties, unless recorded in Maine, where property
was when agreement was made.-Davis v. Os-
good (N. H.) 432.

Agreements in the sale of property held to evi-
dence a conditional sale, and not a bailment.
Morgan-Gardner Electric Co. v. Brown (Pa.)

459.

Where a chattel is sold on condition, and, after
condition broken, the vendee is allowed to re-
main in possession, and part of the amount due
on the purchase price is accepted, the vendor
waives his right to retake the chattel without
first demanding the entire sum due under the
contract.-Mosby v. Goff (R. I.) 930.

SATISFACTION.

Of execution, see "Execution," § 7.

SAVINGS BANKS.

See "Banks and Banking," § 4.

SET-OFF AND COUNTERCLAIM.

§ 1. Subject-matter.

In assumpsit for ground rent, a set-off, based
on unliquidated damages, which would not only
satisfy the arrears sued for, but would extin-
guish the principal, was properly disallowed.-
Leibert v. Heitz (Pa.) 915.

SETTLEMENT.

See "Compromise and Settlement."

SEWERS.

Defects or obstructions, see "Municipal Corpora-
tions," § 9.

SHERIFFS AND CONSTABLES.
Sheriff's deed, see "Execution," § 5.

§ 1. Powers, duties, and liabilities.

Neither trover nor assumpsit can be maintain-
ed against deputy sheriff to recover value of
crops attached while they were growing, and de-
stroyed, without the officer's fault, before sale.-
McConnell v. Flanders (N. H.) 304.

§ 2. Liabilities on official bonds.

A constable's bond, being given to the state,
must be sued in its name, for use.-State v.
Timmons (Md.) 1003.

Sureties on the bond of a constable, condition-
ed that he shall perform the office of constable
faithfully, held not liable for his acts under a
void distress warrant.-State v. Timmons (Md.)
1003.

SLANDER.

§ 1. Public schools.

SOCIETIES.

SPECIAL LAWS.

SPECIFIC PERFORMANCE.

Where school district, having obtained consent
to use land for school purposes, changes loca-
tion of school and sells the building, the pur-
chaser obtains no title to the land.-Waits v.
Bailey (Pa.) 262.

SECONDARY EVIDENCE.

In civil actions, see "Evidence," § 4.

SENTENCE.

general.

Defendant will not be compelled to specifical-
ly perform a contract to purchase land, where
material fact in chain of title depends exclusive-
ly on evidence of two witnesses.-Fahy v. Cav-
anagh (N. J. Ch.) 154.

§ 2. Contracts enforceable.

Contract for sale of land, signed only by ven-
dor, will not be held unilateral, where vendee
has assigned all his right, and assignee has been
accepted as purchaser, paid most of the price,
and entered into possession and tendered bal-
ance.-Cramer v. Mooney (N. J. Ch.) 625.

Specific performance of a contract for the sale

SEPARATE ESTATE.

Of married women, see "Husband and Wife,"
§ 4.

SERVICE.

Of process, see "Process," § 1.

that the buyer had an adequate remedy at law,
where a money consideration, even if obtainable,
was no substitute for the sale.--Northern Cent.
R. Co. v. Walworth (Pa.) 253.

Specific performance of a contract for the sale
of stocks of a particular company may be de-
creed where they cannot be secured except under
the contract.-Northern Cent. R. Co. v. Wal-
worth (Pa.) 253.

A contract for the sale of stock held not too
uncertain as to ownership to prevent a decree of
specific performance.-Northern Cent. R. Co. v.
Walworth (Pa.) 253.

Where one who has a prospective interest in
land quitclaims to one who mortgages it, equity
will enforce the deed and mortgage as executory
contracts for the benefit of the mortgagee,
though the mortgagor died before his grantor
acquired any interest in the land.-Mudge v.
Hammill (R. I.) 595.

§ 3. Proceedings and relief.

In bill to enforce specific performance of con-
tract to make will, the executor is a necessary
party defendant.-Kempton v. Bartine (N. J.
Ch.) 461.

When complainant seeks to enforce specific
performance for the benefit of others, beneficia-
ries should be classed as complainants, or cause
for making them defendants should be stated.
Kempton v. Bartine (N. J. Ch.) 461.

A person asserting a parol agreement, varying
written contract, has the burden of proof.
Cramer v. Mooney (N. J. Ch.) 625.

Evidence held to show that a contract to con-
vey land was in full force and must be per-
formed.-Fee v. Sharkey (N. J. Ch.) 673.

A subsequent sale of securities to others in
disregard of a prior contract for their sale held
no defense to a specific performance, where the
bill averred that the transferees had knowledge
of the prior contract, and made them parties.
Northern Cent. R. Co. v. Walworth (Pa.) 253.
In specific performance of contract for sale of
land, vendee cannot be compelled to take equi-
table title without legal title.-Van Zandt v. Gar-
retson (R. I.) 221.

Laws impairing obligation of contracts, see
"Constitutional Law," § 1.

Provisions relating to particular subjects, see
"Discovery," § 1; "Highways," § 1; "Intoxi-
cating Liquors"; "Mechanics' Liens."

statute of frauds, see "Frauds, Statute of."

§ 1. Enactment, requisites, and validity
in general.

Where the statute and common law differ, the
former prevails; and, where it undertakes to
regulate conduct covered by the latter, the omis-
sion of part of it will be taken to repeal or abro-
gate it. In re Lord & Polk Chemical Co. (Del.
Ch.) 775.

The indorsement on the back of a bill pending
before the senate of minutes of its progress
through the legislature held not such an addition
or alteration of the bill as is contemplated by
Act May 13, 1891.-State v. Hegeman (Del.
Gen. Sess.) 621.

There is no ambiguity in Gen. Laws, c. 253,
§ 20, providing for the manner and place of
service of the writ in attachment proceedings.
-Leonhard v. John Hope & Sons Engraving &
Manufacturing Co. (R. I.) 305.

§ 2. General and special or local laws.
Classification of municipalities, in order to leg-
islate as to the public schools. must, to be val-
id, include in the class affected every political
division of the state whose conditions render the
legislation appropriate. - Lowthorp v. Inhabit-
ants of City of Trenton (N. J. Err. & App.) 755.

Under Const. art. 4, § 7, pl. 11, prohibiting pri-
vate acts for internal affairs of towns and
counties and management of public schools, the
division of cities into classes, on basis of popu-
lation, to regulate their internal affairs, held not
unconstitutional, where population bears on sub-
ject-matter of the legislation.-Lowthorp v. In-
habitants of City of Trenton (N. J. Err. & App.)
755.

The classification by the legislature of munici-
palities is conclusive.-Hermann v. Town of
Guttenberg (N. J. Err. & App.) 758.

A statute providing for the funding of existing
debts for street improvements in incorporated
towns is a general law.-Hermann v. Town of
Guttenberg (N. J. Err. & App.) 758.

Laws limited to incorporated cities, boroughs,
towns, and villages, as well as townships, are
not private, local, or special laws regulating their
internal affairs.-Hermann v. Town of Gutten-
berg (N. J. Err. & App.) 758.

P. L. 1899, p. 355, annexing the town of
Stockton to the city of Camden, held constitu-
tional.-Miller v. Greenwalt (N. J. Sup.) 880;
Hufty v. Same, Id.

General Act March 30, 1888, concerning con-
solidated cities, held not a special act.-Miller v.
City of Camden (N. J. Sup.) 882.

Act March 15, 1892, the operation of which is
limited to cities of the second class which adopt
its provisions, held unconstitutional.-Christie v.
City of Bayonne (N. J. Sup.) 887.

Act April 14, 1891, relating to the elections of
clerk and collector of taxes in certain towns,
held unconstitutional, as a special act.-Sneath
v. Mager (N. J. Sup.) 983.

Act March 22, 1887, entitled "An act to pro-
vide for the incorporation and regulation of
motor-power companies," etc., and providing that
they may lease the property of passenger rail-
way companies, held not unconstitutional, be-
cause leasing is not authorized by its title.-
Pinkerton v. Pennsylvania Traction Co. (Pa.)
284.

§ 3. Subjects and titles of acts.

Acts Gen. Assem. 1898, c. 493, prohibiting
certain corporations and their officers from en-
gaging in sale, or profits from sale, of merchan-
dise, violates Const. art. 3, § 29, requiring the
subject of an act to be described in the title.-
Luman v. Hitchens Bros. Co. (Md.) 1051.

Supplement extending provisions of statute re-
ferring to "incorporated towns" to boroughs held
unconstitutional as having an object not express-
ed in the title.-Walling v. Borough of Decker-
town (N. J. Sup.) 864.

and collector of taxes, is unconstitutional, be-
Act April 14, 1891, respecting elections of clerk
cause embracing more than one object, not ex-
pressed in the title.-Sneath v. Mager (N. J.
Sup.) 983.

4. Amendment, revision, and codifica-
tion.
Provision of general statute embodied in spe-
cial act becomes a part of the special statute,
and is not affected by subsequent amendments or
repeal of the general statute.-Furbish v. County
Com'rs of Kennebec County (Me.) 364.

§ 5. Repeal, suspension, expiration, and

revival.

When a statute is modified by a subsequent
act, and parts of the first act are incorporated in,
and others omitted from, the later, failure to
incorporate a provision of the former or its sub-
stance does not operate as a repeal of the omit-
ted parts of the former, where the later act is
not inconsistent with it.-Town of Unity v.
Pike (N. H.) 78.

Laws 1871, p. 795, relating to salaries of com-
missioners of streets and sewers in the city of