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if defendant would indorse it, which he did. Held, that the plaintiff on
finding that the check was a forgery might recover back from the defend-
ant the money paid on it. First National Bank v. Ricker (Ill.), 104.
& Bank check- effect of.] Where a depositor draws his check on his banker,
who has funds to an equal or greater sum than his check, it operates to
transfer the sum named to the payee, who may sue for and recover the
amount from the bank, and a transfer of the check carries with it the
title to the amount named in the check to each successive holder. Union
National Bank v. Oceana County Bank (Ill.), 185, and note, 186.

See NATIONAL BANK.

BANKRUPTCY.

1 Jurisdiction of State court.] On a petition to the District Court of the
United States by partners to have the partnership adjudged bankrupt, per-
sonal service was made without the district on a partner refusing to join
in the petition. Held, insufficient and that a State court would hold an ad-
judication of bankruptcy on such service void as to such partner. Isett
v. Stuart (Ill.), 194.

8. Will not be enforced in State court-sale valid under State law but void
in bankruptcy.] A State court will not annul a sale valid under the State
law because it was designed to give a preference to a creditor, prohibited
by the bankrupt act. Bromley v. Goodrich (Wis.), 685.

8. Damages.] A, being indebted to plaintiff, conveyed to him property by a
sale valid under the State law. The property was afterward seized by the
sheriff under an attachment as the property of A in a suit by other credit-
ors. A was declared a bankrupt, and the property was taken from the
sheriff's possession under a warrant from the bankrupt court and sold by
the assignee in bankruptcy, without any adjudication that the sale to B
was void. Held, that the plaintiff was entitled to recover the full value
of the property from the sheriff and attaching creditors. Ib.

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▲ Homestead attachment of exempt property.] An attachment was levied
on land of a debtor which afterward became his homestead; afterward,
and within four months of the attachment, the debtor was adjudged a
bankrupt. Held, that the homestead did not pass to the assignee in
bankruptcy, and that the bankruptcy did not dissolve the attachment.
Robinson v. Wilson (Kan.), 272.

5. Title of assignee.] An assignee in bankruptcy, in the absence of fraud,
takes no title to land of the bankrupt as against a grantee of the bank-
rupt by deed made before bankruptcy, although the deed is not recorded,
and the receiver had no notice of it. Goss v. Coffin (Me.), 585.
Agreement not to bid at assignee's sale void.] See CONTRACT, 6.

BETTERMENTS.

See ASSESSMENT FOR LOCAL IMPROVEMENTS; CONSTITUTIONAL LAW, 321.

BENEVOLENT SOCIETY.

See POWER, 52.

VOL. XXII.-98

BIGAMY.

Void second marriage.] It is no defense to an indictment for bigamy that the
second marriage was between persons forbidden by statute to intermarry
-as between a negro and a white woman. People v. Brown (Mich.), 531.

BILLS.

See NEGOTIABLE INSTRUMENTS.

BILL OF LADING.

Fraudulent issue of, by agent.] See CARRIER, 26, 603.

BONDS.

Right of city to tax its own bonds.] See MUNICIPAL CORPORATION, 14
Municipai — defective execution.] See MUNICIPAL Bonds, 141.

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Over-issue.] See MUNICIPAL BONDS, 215.

Void municipal-action to restrain tax for—who may bring.] See TAXA-
TION, 264.

BURDEN OF PROOF.

Of contributory negligence.] See NEGLIGENCE, 714.

BURGLARY.

Breaking out.] Defendant entered a house without breaking for the purpose
of committing a felony, but broke out in making his escape. Held, not
burglary at common law, and that the statute of Anne making it burglary
was not in force in Pennsylvania. Rolland v. Commonwealth (Penn.), 758.

BURIAL.

See CEMETERY.

BURIAL GROUNDS.

866 CEMETERY; CONSTITUTIONAL LAW, 71.

CANVASS.

See ELECTION.

CAPITAL STOCK.

Of national bank — increase of.] See NATIONAl Bank, 1.

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CARRIER.

1. Bill of lading — fraudulent issue of, by agent.]

The station agent

of a railroad company, having authority to sign bills of lading, fraudu-
lently signed and issued a bill of lading for goods never received for
transportation, and the consignee therein made advances on the faith of
such bill. Held, that the railroad company was not liable therefor. Bal-
timore and Ohio R. R. Co. v. Wilkens (Md.), 26.

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2. False bill of lading liability of carrier to one making advances
on.] Defendants' agent, having authority to issue bills of lading, upon
delivery to him by M. of a forged warehouse receipt, gave M. bills of

lading for the goods mentioned in the receipt, knowing that he intended
to raise money on the bills, and plaintiff advanced money to M. upon the
security of the billɛ. Held, that the defendants were bound by their
agent's acts and estopped from denying the receipt of the goods. Armour
v. Michigan Central R. R. Co. (N. Y.), 603.

Damages in action against, for failure to transport goods.] See DAMAGES, 544.

CEMETERY.

1. Restricting right of burial.] After one has purchased a lot in a cemetery,
the managers thereof have no power to abridge his right of sepulture by
any unreasonable limitations thereon. Mount Moriah Cemetery Associa-
ation v. Commonwealth (Penn.), 743.

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.] A by-law of a cemetery association prohibiting the burial of negroes
therein is void as to persons who were lot-owners when the by-law
was passed. Ib.

8. Mandamus.] The managers of a cemetery may be compelled by man-
damus to permit the burial of persons entitled to sepulture therein. Ib.
Restrictions on.] See CONSTITUTIONAL LAW, 71.

CERTIFICATE OF ACKNOWLEDGMENT.

Buficiency of-blanks in.] See DEED, 128.

CHARACTER.

See SLANDER, 239.

CHARITABLE SOCIETY.

See POWER, 52.

CHATTEL MORTGAGE.

Of property not yet acquired.] See MORTGAGE, 644, and note.

CHECK.

Effect of.] See BANKS AND BAnking, 185.

CITY.

See MUNICIPAL CORPORATIONS.

COMMON CARRIER.

See CARRIER.

COMPOUNDING FELONY.

See NEGOTIABLE INSTRUMENTS, 117, and note, 181.

CONFLICT OF LAWS.

Usury.] A promissory note bearing lawful interest was made in New Brunswick
and secured by mortgage on lands in Maine. After the note was due illegal
interest was exacted for forbearance of payment. By the law of New
Brunswick usurious contracts were void and the lender forfeited both

principal and interest, but in Maine, the rate of interest was not limited
In an action to foreclose the mortgage, held, that the mortgagor could not
avoid the mortgage as it was valid in its inception; that the statute im-
posing a forfeiture of the principal and interest was in the nature of a
penalty and of no effect outside of New Brunswick, and that the extra in-
terest paid was not a get-off. Lindsay v. Hill (Mo.), 564.

State statute restricting sales of patent rights void.] See PATENTS, 63.
Devise to foreign corporation.] See FOREIGN CORPORATION, 133.

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Validity of marriages forbidden within the State, bat valid where made.] See
MARRIAGE, 678, 683.

CONSIDERATION.

Of negotiable instrument— indorser cannot impeach.] See NEGOTIABLE INSTRU-
MENTS, 91, and note, 93.

Agreement to discontinue criminal prosecution.] See NEGOTIABLE INSTRU-
MENTS, 117, and note, 121.

CONSPIRACY.

1. Sufficiency of indictment.] An indictment charging a conspiracy to do a law-
ful act by criminal means must particularly set forth the means; but where
the charge is a conspiracy to do an act in itself unlawful, either at com-
mon law or by statute, as to obtain money by false pretenses, and by
privy tokens and devices, the means need not be specifically stated. State
v. Crowley (Wis.), 719.

2. What constitutes criminal conspiracy — must be against an innocent person.]
A conspiracy between two persons to defraud a third, in an unlawful
enterprise in which they are all joined, is not criminal, because conspiracy
is not criminal unless against an innocent person. Thus, where A and B
conspired to defraud C, by falsely pretending that parcels sold by them
to him contained counterfeit money, when, in fact, they contained saw.
dust. Held, that A and B could not be convicted of a conspiracy to obtain
money of C by false pretenses. Ib.

CONSTITUTIONAL LAW.

1. Police power, limitation of — burial places.] The charter of a cemetery com-
pany authorized it to acquire and use land not exceeding five hundred acres
for burial purposes. After it had acquired the land and spent money in
preparing and adorning the same, a statute was passed forbidding the
company to use any of its lands for burial purposes outside o^ 't- then in-
closure, which was less than five hundred acres. Held, that as it did not
appear that any nuisance existed or was liable to arise, the statute was not
a valid exercise of the "police power," and was unconstitutional. Town of
Lake View v. Rose Hill Cemetery Co. (Ill.), 71.

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2. Parent and child — commitment of pauper children to industrial schools.]
A statute enacted that children under a certain age, who were inmates of
poor-houses, or who were abandoned by their parents, or who were without

8.

means of subsistence, should be committed to industrial schools during
minority Held, not unconstitutional as authorizing imprisonment without
due process of law. Milwaukee Industrial School v. Supervisor of Mil
waukee County (Wis.), 702.

.] Semble, that the parent or guardian of a child so committed would
not be precluded by the commitment from asserting right to the custody
or care of the child on proof that the cause of commitment no longer ex-
isted. Ib.

4. Impairing obligation of contracts.] The power vested in the general assem-
bly under the Constitution of Ohio, to restrict the powers of taxa-
tion and assessment by municipal corporations, is subject to the lim-
itations imposed by article 1, section 10, of the Constitution of the
United States, which declares that "no State shall pass any law impairing
the obligation of contracts," and of article 2, section 28, of the Constitution
of Ohio, which declares that the general assembly shall pass no retroactive
law or laws impairing the obligations of contracts. Goodale v. Fennell
(Ohio), 321.

5. Municipal corporations

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7.

betterments — taxation for.] Where a statute au-
thorized a municipal corporation to improve its streets, and make assess-
ments on abutting lots to pay the cost thereof, and it has, after taking the
necessary steps required by law and the ordinances governing in such
cases, made a contract with an individual to do the work for a stipulated
price, and binding itself to pay such price in assessments under such stat-
ute, which the contractor agrees to accept in full payment, the obligation
of the corporation to pay in the manner stipulated cannot be impaired by a
subsequent amendment of such statute, which takes away the power to
make an assessment equal to the amount agreed to be paid. Ib.

-.] A subsequent statute which repeals or restricts the power of assess-
ment so previously given, is, in so far as it affects the obligations of con-
tracts existing at the time, a statute impairing the obligation of such
contract. Ib.

-.] Unless adequate provision is made to enable the corporation to per-
form its existing contract obligations, such subsequent statute will be
construed as prospective in its operations, and not applicable to such con-
tracts; and it will be the duty of the corporation to be governed by the
statute in force when the contract was made. Ib.

8. Impairing obligation of contract.] A State statute provided that whenever
any savings bank should be found to be insolvent, the account of each depos-
itor should be reduced so as to divide the losses equitably amongst the de-
positors. Held, that the act was not unconstitutional, either as impairing
the obligation of contracts, or as being contrary to the bankrupt law, or
as being retrospective in its operations. Simpson v. City Savings Bank
(N. H.), 491.

9.

-.] A legislature may vary the nature and extent of the remedy for en-
forcing contracts so always that some substantial remedy be in fact left. Ib.

10. Retrospective law.] A law which retroacts upon a past transaction but
affects the remedy only and does not affect it injuriously, oppressively, or

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