in the constitution. The framers of that instrument, in giving to a large class of people a homestead exemption, clearly designed that it should not affect that class of persons who were dependent upon their own manual labor for the support of themselves and their families, and whose necessity for the prompt and certain payment of their wages they regarded as paramount even to the claims of the debtor to a homestead. Assuming, then, that the words "laboring man" were used in the sense indicated above, it seems to us clear that the plaintiff must be regarded as a laboring man within the meaning of these words as used in the clause of the constitution under review. This case is analogous to the drayman who hauls the goods of the merchant along the streets of the city, perhaps with his own wagon and horses, or to the ploughman who habitually, and perhaps with his own team, is accustomed to break up the lands of his wealthy neighbors. The mail carrier in this case is clearly a laboring Few employments could be more arduous than the one in which he was engaged, and the mere circumstance that he happened to own the horse and vehicle used by him in carrying the mail cannot deprive him of the character of laborer. man. I am, therefore, of opinion that the circuit court of King William county erred in dissolving the injunction and dismissing the bill; its decree must therefore be reversed and the injunction must be reinstated to await the determination of the action at law. Decree reversed. EXEMPTIONS-LABORING MAN.-WHO IS AND WHO IS NOT: See Briscoe v. Montgomery, 93 Ga. 602; ante, p. 192, and note, with the cases collected. INDEX TO THE NOTES. ACCESSION, change in character or value of property by a trespasser does change in form of property made by a person acting innocently and by change in species, whether may result in title by, 448. charcoal made from trees by a trespasser remains the property of the chattels, change in form or value made by a willful trespasser cannot identity of chattels, when change in does not give title to a wrong- innocence of a purchaser from a trespasser bestowing labor upon the innocence of a trespasser cannot give him title by, 446, 447. title to personal property, when may be acquired by labor bestowed whiskey made from corn by a trespasser remains the property of the ALIBI, evidence sufficient to establish, 144. ALIENATION OF WIFE'S AFFECTIONS, absence or separation of wife from action by husband for, on what based, 845. acts of hospitality or of protection from cruelty cannot amount to, 850. adultery of husband as a defense to an action for, 847. advice and protection given wife in good faith, 851. bill of particulars in actions for, 851. damages may be recovered for, 845. debauching or enticing wife away is not essential to, 848. defenses to actions for, 847. evidence in actions for, 848. evidence in actions for, declarations of persons conspiring to entice wife away, 848, 849. evidence in actions for, declarations of plaintiff, 849. evidence in actions for, declarations of wife, 848, 849. evidence of illicit intercourse in actions for, 848. gravamen of actions for, 846. improper motives on part of the defendant are essential to maintain an action for, S50. injury to husband by, in what consists, 846. mere acts of humanity cannot make person chargeable for, 851. parent of wife not liable for when acting in good faith, 848. ALIENATION OF WIFE'S AFFECTIONS, pleadings in actions for, 846. pleadings in actions for need not show a request to deliver up wife, 847. BAILMENT, gratuitous bailee, liability of, 188. liability of banks acting as bailees, 188, 189. checks of are not inland bills of exchange, 708. checks of drawn for more money thau the drawer has, 708. checks of, effect of as a transfer, 70S, 709. checks of, presentment and acceptance of, 709. special deposits, gross negligence in caring for, what is, 189. Carriers, bills of lading, presumption of acceptance of, 43. by railway, demurrage, right of to charge, 921. connecting lines, liability of for loss of goods upon, 43. damages, measure of for breach of contract to carry, 488. damages, measure of for wrongful expulsion of passengers, 489. delay in unloading cars, right to adopt regulation concerning, 921. liability of, contracts limiting, 200. limiting liability of by special contract, 858. negligence, burden of proof when goods have been lost, 43. of passengers, liability of for failing to protect, 889. passengers, duty of to protect, 494. CHATTELS, change in title to, resulting from a trespasser changing the form CONSTITUTIONAL LAW, banking, power of legislature to limit, 613. construction leading to absurdity is not therefore necessarily incorrect, insurance, power of state to limit business of to corporations, 612, 614. municipal corporations, prohibitions against creating indebtedness, 2:9- 243. title of statutes, when fatally defective, 576. trades and occupations, power of legislature to prohibit exercise of, 613. where deemed to have been made, 861, 863. CORPORATIONS, estoppel of to deny authority of agents, 460. formation of, substantial compliance with the statute is sufficient, 842, subscription for stock, induced by fraud, is not void, but voidable, 944. subscription for stock, induced by fraud, waiver by delay in rescinding, 944. CRIMINAL LAW, abortion by mailing drugs to person in another state, 83. CRIMINAL LAW, abortion. state where deemed committed, 83. false pretenses, obtaining money by, place wherein deemed committed, forgery, state wherein deemed committed, 83. homicide, place wherein deemed to have been committed, 78, 79. homicide, when person is injured in one county and dies in another, 78, 79. homicide, where shot is fired in one state and takes effect in another homicide, where deemed to have been committed, 77–81. intoxication as reducing the degree of crime, 423. jurisdiction to punish acts done partly in different states, 82. larceny by stealing goods in one state and removing them to another, larceny, state wherein deemed committed, 82. personal presence of the wrongdoer at the place where the crime is rape, assault with intent to commit, evidence sufficient to sustain con- DAMAGES, measure of when property converted has been changed in form presumption of in the wrongful discharge of an employee, 253, DEFINITION of alimony, 838. of deadly and dangerous weapons, 500. of franchise, 774. of fugitive from justice, 508, 509. of heirs when the term is used in policies of insurance. of laborers, 194. of self-defense, 25. of subrogation, 731. DEMURRAGE, railways, amount of payable to may be fixed by agreement, 923. railways, lien of for payment of, 926. railways, right to charge, 921–926. railways, right to charge, cases denying, 922. railways, unloading freight, usages as to time of, 922, 923. reasonableness of charge for, 926. regulations concerning, parties are presumed to contract with reference to, 927. DIVORCE, decree of in another state, validity of, 473. EVIDENCE, certificate of marriage, 845. corpus delicti may be proved by circumstantial, 867. declarations of agents, admissibility of, 789. extrinsic to prove what matters have become res judicata, 570–572. to prove that matters have become res judicata, 562–569. to prove that matters within the issues have not become res judicata, 570. |