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SLANDER.

See "Libel and Slander."

SPECIAL.

Appearance, see "Appearance."
Deposits, see "Banks and Banking."
Election, see "Elections."
Laws, see "Statutes."

SPECIFIC PERFORMANCE.

Complainant's right to a deed under a bond
for conveyance held to depend on a contin-
gency, and hence he was denied specific per-
formance.-Glidden v. Korter (Me.) 159.

Specific performance will not be decreed against
the purchaser at auction of ground rent on false
statements of the auctioneer.-Crane v. Judik
(Md.) 129.

Where a father promised that property should
go to the son on the father's death, and equity
interfered before that event to protect the son's
prospective title, held, that the decree should rec-
ognize the father's right to a support out of the
land.-Pike v. Pike (Vt.) 265.

In a suit for specific performance of an oral
contract to convey land, plaintiff having per-
formed, held, that the evidence sustained a de-
cree for plaintiff.-Roberts v. Lord (N. H.) 271.
A son improving land given him by his father
by parol is entitled to specific performance.-
Loney v. Loney (Md.) 1071.

SPIRITUOUS LIQUORS.

See "Intoxicating Liquors."

STATES.

Power of commissioner appointed under Pub.
Laws, c. 1201, to provide for the purchase of a
site and the erection of a state house thereon, de-
termined. In re State-House Construction Loan
(R. I.) 927.

Commissioners created by Pub. Laws, c. 1201,
held not trustees of the fund provided for the
purchase of site and erection of state house.
In re State-House Construction Loan (R. I.) 927.
Under proposition submitted in Pub. Laws, c.
1093, the fund derived from the issue of state
bonds can be legally utilized in acquiring a site,
and erecting thereon a portion of a state house.
In re State-House Construction Loan (R. I.)

927.

It is no ground for compelling state capitol
commission to award prizes for plans submitted
that it allowed complainant's designs to be pho-
tographed and published.-Warner v. Hastings
(Pa.) 720.

Duties of state capitol commissioners in selec-
tion of plans and architect determined.-Cope v.
Hastings (Pa.) 717.

A suit to compel the capitol commissioners to
select an architect therefor, and award prizes,
being virtually against the state, cannot be main-
tained.-Cope v. Hastings (Pa.) 717.

Action against the capitol commission to com-
pel board of experts to select plans held to state
no good cause of action.-Cope v. Hastings (Pa.)

717.

STATUTE OF FRAUDS.

See "Frauds, Statute of."

STATUTE OF LIMITATIONS.

See "Limitation of Actions."

STATUTES.

Relating to particular subjects, see "Insolven-
cy"; "Mechanics' Liens"; "Municipal Cor-
porations"; "Railroads."

A statute. invalid because its enactment is not
for the entire class mentioned in its title, may be
cured by amendment extending its operation to
the entire class.-Smith v. Howell (N. J. Sup.)
180.

R. L. § 1870, provided that security given for
costs on appeal in insolvency proceedings should
be governed by section 1810, relating to other
appeals, and that section was afterwards amend-
ed. Held, that the amendment did not affect the
law regarding security in insolvency proceedings.
-Court of Insolvency v. Meldon (Vt.) 167.

The federal constitution and act of congress
of May 26, 1790, do not provide an exclusive
method for proving the statutes of the various
states.--Title Guarantee & Trust Co. v. Trenton
Potteries Co. (N. J. Err. & App.) 422.

The existence and meaning of the laws of
another state may be proved by professional
persons.-Title Guarantee & Trust Co. v. Tren-
ton Potteries Co. (N. J. Err. & App.) 422.
Special or local laws.

P. L. 1896, p. 228, held unconstitutional as be-
ing special in the regulation of the internal af-
fairs of municipalities in its application to only
such cities as had entered into certain contracts
before the passage of the act.-Inhabitants of
City of Burlington v. Pennsylvania R. Co. (N. J.
Ch.) 849.

P. L. 1896, p. 228, held special as conferring
special privileges on one class of corporations in
its application to only such railroads as had pre-
viously entered into certain contracts.-Inhab-
itants of City of Burlington v. Pennsylvania R.
Co. (N. J. Ch.) 849.

P. L. 1896, p. 228, authorizing municipalities,
except cities of the first class, to enter into con-
tracts with railroads, etc., held not special, since
a classification based on population in such case
was proper.-Inhabitants of City of Burlington
v. Pennsylvania R. Co. (N. J. Ch.) 849.

Act April 5, 1878, relating to public improve-
ments, held invalid as special legislation. Mor-
ris v. Ocean Tp. (N. J. Sup.) 760.

When an act is in terms local, it is presumed to
violate the constitutional provision against local
laws.-Wanser v. Hoos (N. J. Err. & App.) 449.

cisions of courts in their construction of consti-
The course of legislation will not control the de-
tutional provisions against special acts.-Wan-
ser v. Hoos (N. J. Err. & App.) 449.

Population held not a proper basis for classifi-
cation of cities, for the purpose of fixing the time
of their elections.-Wanser v. Hoos (N. J. Err.
& App.) 449.

P. L. 1897, p. 43, providing that, in cities of
the first class, which is based on population, mu-
nicipal officers shall be elected at the general elec-
tion, held not to affect the machinery, powers, or
structure of city government, and accordingly re-
pugnant to Const. art. 4, § 7, par. 11, prohibiting
special laws regulating the internal affairs of
towns.-Wanser v. Hoos (N. J. Err. & App.) 449.
Construction and operation.

there is no room for judicial construction.-Ma-
gowan v. Metropolitan Life Ins. Co. (N. J. Err.
& App.) 671.

Where a statute is clear, and its meaning plain,

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the borough, no reference to which was made in
the original act.-Borough of Mt. Joy v. Lan-
caster, E. & M. Turnpike Co. (Pa.) 411.

The rule of statutory construction, that the ju-
risdiction of a superior court cannot be taken
away except by express words or by necessary
implication, applied. - State v. Drowne (R. I.)
978.

The rule that the court is bound to construe a
statute so as to prevent inconsistency, injustice,
or absurdity, applied.-State v. Drowne (R. I.)

978.

The determination of the meaning of a word
in the statute is for the trial judge.-State v.
Stevens (Vt.) 80.

Act March 17, 1893, providing that no stipu-
lation in an accident insurance policy limiting
the time for notice of injuries to less than 60
days shall be valid, does not apply to con-
tracts previously made.-Kimball v. Masons'
Fraternal Acc. Ass'n (Me.) 102.

The phrase "at any time" means "from time
to time," when required by the context.-Smith
v. Howell (N. J. Sup.) 180.

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Tit. 4, ch. 48, § 19. ....... 116|1884, ch. 58, § 194. Ha-
Ch. 3,

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CONSTITUTION.

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Corporate stock, see "Corporations."

STOCKHOLDERS.

Of corporations, see "Corporations."

STREET RAILROADS.

See, also, "Carriers"; "Railroads."

Permission given by township authorities to
electric street railways to operate cars held not

by the superior court in granting such right,
under Pub. Acts 1893, c. 169.-In re Shelton St.
Ry. Co. (Conn.) 362.

See "Highways."

STREETS.

Damages for changing grade, see "Municipal
Corporations."

Use of by telegraph companies, see "Telegraphs
and Telephones.'

SUBCONTRACTORS.

a grant of the right of the town as to the trees See "Mechanics' Liens."

ant."

SUBROGATION.

standing in the street, nor to devest the authori-
ties of reasonable control over such trees as a
part of the street.-Consolidated Traction Co. v.
Township of East Orange (N. J. Sup.) 803; To landlord's rights, see "Landlord and Ten-
Slockhower v. Same, Id.; Holland v. Same, Id.
A decision of the superior court as to the ne-
essity of a parallel street railway, under Pub.
Acts 1893, c. 169, cannot be reviewed, unless the
jurisdiction conferred by the act has been ex-
ceeded. In re Shelton St. Ry. Co. (Conn.) 362.
An applicant's financial ability to build a pro- Tenancy at sufferance, see "Landlord and Ten-
posed parallel street railway may be considered

Right to subrogation determined.-Green v.
Western Nat. Bank (Md.) 131.

ant."

SUFFERANCE.

See "Action."

SUIT.

SUNDAY.

An offer made on Sunday, but not accepted till
Monday, does not avoid the contract as violative
of the Sunday law.-McDonald v. Fernald (N.
H.) 729.

SUPPLEMENTARY PROCEEDINGS.

See "Execution."

SUPPORT.

guishment of fires without charge. Inhabit-
ants of Dover v. Maine Water Co. (Me.) 101.
Under Rev. St. c. 6, § 14, par. 8, an executor
or administrator becomes personally liable for
a tax on the property of the estate.-Inhabitants
of Dresden v. Bridge (Me.) 545.

He does not become personally liable, how-
ever, unless the tax is assessed directly to him
as executor.-Inhabitants of Dresden v. Bridge
(Me.) 545.

An assessment to "Samuel J. Bridge, Estate
of," held not a direct assessment to the executor
or administrator, so as to render him personally
liable for the taxes.-Inhabitants of Dresden v.
Bridge (Me.) 545.

The "omission" mentioned in the statute does

Of widow pending suit, see "Executors and not mean that an erroneous judgment of the
Administrators."

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Local or special taxes, see "Municipal Corpora-
tions."

A district composed of part of a township, set
off for the purpose of lighting public streets, is
a political division, to which may be granted the
power to tax.-Smith v. Howell (N. J. Sup.) 180.
A nonresident taxed for personal property may
appeal from the selectmen's refusal to abate the
tax, at any time within nine months after actual
notice of the tax, under Pub. St. c. 59, § 11, and
chapter 60, §2.-Downing v. Town of Farming-
ton (N. H.) 729.

Liability of persons and property.

A machine shop of a railroad company, used
exclusively in its own business, held not subject
to local taxation.-Western New York & P. R.
Co. v. Venango County (Pa.) 1088.

A mortgage canceled in good faith is no longer
rated as personal property for purpose of taxa-
tion.-Earles v. Ramsey (N. J. Sup.) 812.

Under Pub. St. c. 65, the guaranty fund of a
savings bank cannot be taxed, in the town
where the bank is situated, as surplus capital.-
Laconia Sav. Bank v. Town of Laconia (N. H.)
384.

Electors living in unincorporated places are not
liable to taxation by the assessors of a town to
whom they furnish lists of their polls and estates.
-Sargent v. Inhabitants of Milo (Me.) 341.

Aqueducts, pipes, and conduits of water com-
panies are subject to municipal taxation, unless
the town takes water therefrom for the extin-

value of an estate can be corrected by a supple-
mental assessment.-Inhabitants of Dresden v.
Bridge (Me.) 545.

Place of taxation.

A tax for personal property may be levied
against the person at his residence, and another
on personal property at his place of business.-
Mullins v. City of Jersey City (N. J. Sup.) 822.

Aqueducts, pipes, and conduits of water com-
panies are real estate, and hence liable to taxa-
tion in the town where they are laid.-Inhabit-
ants of Dover v. Maine Water Co. (Me.) 101.
Levy and assessment.

An account of ratable estate rendered under
Pub. St. c. 43, held insufficient.-Clarke v. Tink-
ham (R. I.) 926.

Report of treasurer of a corporation to the
auditor general as to the ownership of its in-
debtedness under Act June 30, 1885, held not
sufficiently specific so as to place on the com-
monwealth the burden of proving that the
treasurer's duties had not been fulfilled.-Com-
monwealth v. People's Pass. Ry. Co. (Pa.) 1091.
Assessment construed, and held not conclusive
that unseated land was included therein.-Ever-
hart v. Nesbitt (Pa.) 525.

Appraisement of shares of a coal-mining cor-
poration at five-sixths of their value heli prop-
er. Commonwealth v. West End Coal Co.
(Pa.) 14.

A tax bill held void where the taxpayer was
not allowed deductions for debts owing.-
Hughes v. Kelley (Vt.) 91.

A tax bill held sufficiently specific which gives
the amount of the taxnaver's list on which is
certified the rate per cent. of each tax included
therein.-Hughes v. Kelley (Vt.) 91.

A taxpayer cannot avoid payment of the tax
because the town assessors completed their as-
sessment, and included therein the state tax.
and committed the assessment to the collector
before the issuance of the state treasurer's war-
rant.-Rowe v. Friend (Me.) 95.

The fact that the record of the assessment
gave plaintiff's tax at a less amount than that
stated in the list committed to the collector,
which stated the amount correctly, did not in-
validate the assessment.-Rowe v. Friend (Me.)

95.

Omission of certain property held not to in-
validate the entire assessment.--Inhabitants of
Dover v. Maine Water Co. (Me.) 101.

Under the circumstances, held, that the as-
sessors had not "omitted" any item "by mis-
take," but had undervalued the gross amount,
and therefore their supplemental assessment was
unauthorized by law. Inhabitants of Dresden
V. Bridge (Me.) 545.

Collection and enforcement.

A city collector is "the oflicer for the collec
tion of taxes," within Act Feb. 26, 1895.-Vul-
lins v. City of Jersey City (N. J. Sup.) 822.

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A demand for payment of taxes made on a
water company's agent held sufficient.-Inhabit-
ants of Dover v. Maine Water Co. (Me.) 101.
Defendant is liable in costs when payment of
the tax has been demanded and refused until
after suit. Inhabitants of Dover v. Maine
Water Co. (Me.) 101.

The assessors are not liable to one wrongfully
arrested by the tax collector as for nonpay-
ment of a tax.-Rowe v. Friend (Me.) 95.
Sale of land for nonpayment of tax.

A lessee, under a lease for 99 years, is a prop-
er person on whom tax bills and notices of sale
should be served.-Textor v. Shipley (Md.) 932.

Description of the property in a levy and re-
turn on sale for taxes held sufficient.-Textor v.
Shipley (Md.) 932.

Indorsement on a levy of execution and sale
for taxes held sufficient to show that there was
a seizure by entry.-Textor v. Shipley (Md.) 932.
Notice of tax sale once a week for four weeks
held substantially given as required by statute.
-Textor v. Shipley (Md.) 932.

The tax bills and notices given by the col-
lector of taxes are sufficient, though his name
is printed, and not signed, to the bills.-Textor v.
Shipley (Md.) 932.

Redemption from tax sale.

On sale for taxes assessed after the date of the
Martin act, the owner may redeem as provided
by the act within one year from the sale.-Bur-
gin v. Rutherford (N. J. Ch.) 854.

Tax titles.

Mistake of treasurer in describing unseated
land held not to invalidate a tax deed, if the land
can be identified.-Everhart v. Nesbitt (Pa.) 525.

A purchaser at tax sale under the Martin act
does not acquire title until the deed is delivered.
-Burgin v. Rutherford (N. J. Ch.) 854.

The interest of a purchaser at tax sale remains
a lien on the premises.-Burgin v. Rutherford
(N. J. Ch.) 854.

One purchasing a lot from a city which ac-
quired title by tax sale has a title based on the
tax sale.-Textor v. Shipley (Md.) 932.

TELEGRAPHS AND TELEPHONES.
Requirements ultra vires inserted in order of
the circuit court designating streets for tele-
graph line are unenforceable.-City of Bayonne
v. East Jersey Telephone & Telegraph Co. (N.
J. Sup.) 752.

Under 3 Gen. St. p. 3459, the circuit court, in
its order designating streets for telegraph line,
cannot insert requirements outside the statute,
unless the action depended on the tender to the
municipality affected of a contract therefor.-
City of Bayonne v. East Jersey Telephone &
Telegraph Co. (N. J. Sup.) 752.

to court, and disposed of, in accordance with the
statute and the court rules, where a tender into
court has been pleaded.-Neldon v. Roof (N. J.
Ch.) 429.

When there may be a sufficient tender into
court, without a special order of the court by
the chancellor, on notice to complainant.-Nel-
don v. Roof (N. J. Ch.) 429.

When a tender is relied on, it must be
brought into court.-Felker v. Hazelton (N. H.)
1051.
TERMINATION.

Of tenancy at will, see "Landlord and Tenant."
TERMS.

Of leases, see "Landlord and Tenant."

TESTAMENTARY CAPACITY.

See "Wills."

TESTAMENTARY POWERS.

Creation, see "Wills."

TIMBER.

See "Logs and Logging."

TITLE.

Estoppel to assert, see "Estoppel."
Tax titles, see "Taxation."

TORTS.

Particular torts, see "Assault and Battery"
Of cities, see "Municipal Corporations."
"Malicious. Prosecution"; "Negligence";
"Trespass"; "Trover and Conversion."

TOWNS.

See, also, "Municipal Corporations."

A township collector paying over school mon-
eys to a treasurer annointed under Act April 5,
1878, held not entitled to a percentage on such
moneys.-Morris v. Ocean Tp. (N. J. Sup.) 760.

A town treasurer cannot bind the town by ac-
cepting illegal orders.-Goodwin v. Town of East
Hartford (Conn.) 876.

Duties of town board provided for by act of
May 19, 1887, to repair bridges across rivers,
determined.-Goodwin v. Town of East Hart-
ford (Conn.) 876.

Evidence held insufficient to show ratification
to procure legislation.-Goodwin v. Town of East
by town of employment by town board of agents
Hartford (Conn.) 876.

An action cannot be brought against a town
unless authorized by statute.-Doolittle v. Town
of Walpole (N. H.) 19.

Under Gen. St. § 3946, and Pub. Acts 1893, c. Failure of selectmen to provide a suitable
169, § 3, a telegraph company and an electric lockup held not a breach of duty by the town.
railroad company can use the same poles in a city-Doolittle v. Town of Walpole (N. H.) 19.
at the request of the city officials.-Bergin v.
Southern New England Tel. Co. (Conn.) 888.

TENANCY IN COMMON.

A co-tenant against whom all taxes were as-
sessed held not entitled in partition to reim-
bursement for their payment.--O'Hara v. Quina
(R. I.) 7.

TENDER.

Corrections by selectmen of errors in footings
in tax bills, and addition of taxes omitted by
listers, do not invalidate the list.-Town of
Pawlet v. Kelley (Vt.) 92.

Findings of the commissioners as to the ioca-
tion of a disputed town line are not subject of
review unless they acted on improper motives.-
Inhabitants of Winthrop v. Inhabitants of
Readfield (Me.) 93.

That one of the commissioners appointed to
determine a town line had previously been em-
whether defendant's money was actually paid in-ployed by one of the towns to run the line as a

When record will be inspected, to ascertain

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