City clerks as ex officio police judges, title of Statute, see Statutes, § 125.

City clerks, duty to keep ordinance book, see Municipal Corporations, § 109.

Of Secretary of State, see States, § 60.

CLERKS OF COURTS.

Authority to allow or settle bill of exceptions, see Exceptions, Bill of, § 32.

Fees as costs in civil actions, see Costs, § 181. Mandamus to, see Mandamus, § 59.

CLOUD ON TITLE.

See Quieting Title.

COERCION.

Restraining coercion or intimidation of employés by labor union, see Injunction, § 101.

COLLATERAL AGREEMENT.

Parol evidence, see Evidence, §§ 441-444.

COLLATERAL ATTACK.

On judgment, see Judgment, §§ 475, 518.

XII. SUITS FOR DAMAGES. (D) DAMAGES.

$128. Where a combination steamboat and pilot driver was engaged in regular work, and it appears what its net earnings were per diem, it is not error, in an action for damage through a collision, to allow the owners to recover the per diem shown to have been its net earnings for the number of days the vessel was being raised and was undergoing repair.-Carscallen v. Coeur d'Alene & St. Joe Transp. Co. (Idaho) 622.

(E) TRIAL OR HEARING, JUDGMENT, AND REVIEW.

§ 149. Where there is no statute, municipal ordinance, or harbor regulation requiring the display of signal lights on a vessel at a particular time, or under given circumstances, it is not negligence per se not to display them.Carscallen v. Coeur d'Alene & St. Joe Transp. Co. (Idaho) 622.

COLOR OF TITLE.

To sustain adverse possession, see Adverse Possession.

COMBINATIONS.

COMITY.

COLLATERAL SECURITY.

See Pledges.

COLLATERAL UNDERTAKING. See Frauds, Statute of, § 32; Guaranty.

COLLECTION.

Of estate of decedent, see Executors and Administrators, §§ 97-149.

Of taxes, see Taxation, §§ 549, 570.

COLLEGES AND UNIVERSITIES. University lands, see Public Lands, §§ 51, 52.

COLLISION.

I. RULES AND PRECAUTIONS FOR
PREVENTING COLLISIONS
IN GENERAL.

§ 16. In an action for damages by collision between two boats, the test of negligence is, Was he negligent in doing the particular thing he did do under the circumstances confronting him?-Carscallen v. Cœur d'Alene & St. Joe Transp. Co. (Idaho) 622.

COMMERCE.

Carriage of goods and passengers, see Carriers. Judicial power to interfere with railroad commission, see Constitutional Law, § 70.

II. SUBJECTS OF REGULATION. § 40. In a prosecution for violation of a city ordinance imposing a license tax held that the transaction was interstate commerce.-City of Kinsley v. Dyerly (Kan.) 228.

§ 40. The right of a nonresident merchant to sell his goods in the state carries with it the right to deliver them, and to employ any agent he may deem proper.-City of Kinsley v. Dyerly (Kan.) 228.

III. MEANS AND METHODS OF REG

ULATION.

§ 52. Rev. St. 1899, § 2090, as amended and re-enacted by Sess. Laws 1905, p. 150, c. 98, 4, making it unlawful to bring infected sheep into the state, is not a regulation of interstate commerce but is a reasonable exercise of the state's police power.-Patrick v. State (Wyo.) 588.

§ 60. Laws 1907, p. 1400, c. 250, relating to the sale of black powder, held not invalid as a regulation of interstate commerce.-Ex parte Williams (Kan.) 777.

COMMISSIONERS.

See Court Commissioners.

Highway commissioners, see Highways, § 41. In partition, see Partition, § 94. Police commissioners, power to grant and revoke liquor licenses, see Intoxicating Liquors, § 61.

Quo warranto to oust railroad commissioners, see Quo Warranto, § 10.

COMMISSIONS.

Of broker, see Brokers, § 42.

COMMITMENT.

COMPLAINT.

In civil actions, see Pleading, §§ 49-67.
In criminal prosecutions, see Criminal Law,
238, 243; Indictment and Information.
COMPOSITIONS WITH CREDITORS.
See Compromise and Settlement.

COMPROMISE AND SETTLEMENT. See Payment.

Offers of as evidence, see Evidence, § 213.

§ 19. A party accepting money and property in satisfaction of her claims, based on the fraudulent acquisition of real estate, cannot retain -Del Campo v. Camarillo (Cal.) 1049.

243.

COMMITTEE.

Of corporation, authority to indorse negotiable instruments, see Corporations, §§ 414, 425.

COMMON CARRIERS.

See Carriers.

COMMON LAW.

Certiorari at, see Certiorari, § 27. Enforcement of bail bond as common-law undertaking, see Bail, § 76. Presumption as to common law of another state, see Evidence, § 80.

§ 17. The common law of another state governing commercial transactions is to be determined upon pleadings and proof.-Sykes v. Citizens' Nat. Bank of Des Moines, Iowa (Kan.) 206.

COMMON SCHOOLS.

See Schools and School Districts, §§ 37-120.

COMMUNITY PROPERTY.

See Husband and Wife, § 262.

COMPARISON.

Of handwriting, admissibility of writings for purpose of comparing handwriting, see Criminal Law, § 404.

COMPENSATION.

COMPUTATION.

Of period of limitation, see Limitation of Actions, §§ 85-125.

CONCLUSION.

Of witness, see Evidence, §§ 471, 474.

CONCLUSIVENESS.

Of account stated, see Account Stated, § 8.
Of appeal record, see Appeal and Error, § 662.
Of certificate of acknowledgment, see Acknowl-
edgment, § 55.

CONCURRENT JURISDICTION.
Of courts, see Courts, § 474.

CONDEMNATION.

Taking property for public use, see Eminent Domain.

CONDITIONS.

To delivery of warehouse receipts, see Warehousemen, § 25.

In contracts and conveyances. See Contracts, § 226; Subscriptions, § 15. Insurance policies, see Insurance, §§ 264-282, 323-349, 377, 524.

Precedent to actions or other proceedings. See Mandamus, § 12.

For breach of contract, see Sales, § 406.

§§ 200-222.

CONFIRMATION.

Of land grant, see Public Lands, § 213.
Of sale by executor under power in will, see
Executors and Administrators, § 138.
Of sale by personal representative, see Execu-
tors and Administrators, § 138.

Of tax title, see Taxation, § 815.

CONFLICT OF LAWS.

Contracts and conveyances.

See Bills and Notes, § 145.

Remedies, and jurisdiction and procedure. See Limitation of Actions, § 2. Conflicting jurisdiction of courts, see Courts, § 474.

Criminal trials, see Criminal Law, § 633.

CONFUSION OF GOODS.

I. NATURE AND EFFECT. 85%. Where goods are wrongfully commingled, the wrongdoer will lose his interest therein unless he can identify his goods.-Ayre v. Hixson (Or.) 515.

II. RIGHTS AND REMEDIES OF PERSONS INTERESTED.

§ 7. Where goods are commingled by mis

take, or accident, or by the consent of the owners, neither owner will lose his property, but they will be treated as tenants in common, in proportion to their interests.-Ayre v. Hixson (Or.) 515.

$9. A purchaser with notice of mortgaged chattels which were commingled by the mortgagor with other chattels not mortgaged, stands in the same position as the mortgagor, and the mortgagee, as against him, can take all of the property necessary to satisfy his debt.-Ayre v. Hixson (Or.) 515.

§ 9. Where mortgagors of sheep intermingled the mortgaged sheep with others not mortgaged, so that the mortgaged sheep could not be identified, though any resulting loss would fall on the mortgagors, only sufficient of the commingled property can be taken to pay the mortgaged debt.-Ayre v. Hixson (Or.) 515.

§ 9. Where mortgaged sheep were so commingled with sheep of the mortgagor, through his fault, that they could not be identified and separated, the mortgagor must suffer whatever loss results.-Ayre v. Hixson (Or.) 515.

CONNECTING CARRIERS.

See Carriers, §§ 185, 406.

CONSIDERATION.

Of agreement ratifying conveyance during minority, see Infants, § 30.

Of contract in general, see Contracts, §§ 65-90, 112, 121.

CONSPIRACY.

Combinations to monopolize trade, see Monopolies, § 16.

Declarations of conspirators as evidence, see Evidence, $253.

Evidence of acts and declarations of conspirators, see Criminal Law, § 423. Restraining by injunction, see Injunction, § 104. Suit to establish trust in property obtained from plaintiff by conspiracy, see Trusts, § 366.

CONSTABLES.

See Sheriffs and Constables.

CONSTITUTIONAL LAW.

Certification to Supreme Court of constitutional questions in criminal prosecution, see Criminal Law, § 1068.

Provisions relating to particular subjects. See Appeal and Error, § 2; Eminent Domain, $28; Intoxicating Liquors, § 15; Judges, § 7; Jury, §§ 11-34; Rape, § 2; Taxation, § 40; Witnesses, § 293.

Enactment and validity of statutes, see Statutes, 88 6-64.

Special or local laws, see Statutes, §§ 67-98. State officers, see States, § 51.

Subjects and titles of statutes, see Statutes, §§ 105-125.

Rights of persons accused or convicted of crime. Necessity of indictment or presentment in criminal prosecution, see Indictment and Information, §§ 1, 2.

II. CONSTRUCTION, OPERATION, AND ENFORCEMENT OF CONSTITUTIONAL PROVISIONS.

Certainty in pleading unconstitutionality of statute, see Pleading, § 18. Provisions requiring statutes to embrace but one subject which shall be expressed in the title, see Statutes, § 105.

Retroactive operation of provision relating to determination as to necessity for special or local law, see Statutes, § 67.

§ 12. Where there is a conflict between a general and special provision in a Constitution, the special provision prevails.-People v. Nye (Cal. App.) 241.

13. In construing a constitutional provision, the primary inquiry is as to the intent, and technical rules should be disregarded.— State v. Hooker (Okl.) 964.

15. The court, in construing a constitutional provision, must have regard to the whole instrument, and must seek to harmonize the various sections, and, if possible, give effect to all of them.-People v. Nye (Cal. App.) 241.

15. The court, in construing a provision of the Constitution, must, in case of doubt, have recourse to the whole Constitution, if necessary, to ascertain the intent of the particular provision.-Blackrock Copper Min. & Mill. Co. v. Tingey (Utah) 180.

15. The court, in construing a Constitution, must harmonize conflicting provisions, and give each its proper effect so far as possible under the rules of construction.-Blackrock Copper Min. & Mill. Co. v. Tingey (Utah) 180,

of

§ 20. A contemporaneous construction Const. art. 5, §§ 2, 17, held entitled to great weight in ascertaining the meaning thereof.People v. Nye (Cal. App.) 241.

§ 26. A limitation upon the power of the Legislature will not be implied, unless it clearly appears.-State v. Hooker (Okl.) 964.

§ 26. Const. art. 1, § 7 (Bunn's Ed. § 9) held not intended as a limitation upon the power of the people to enact additional legislation relative to the liquor traffic.-State v. Hooker (Okl.) 964.

§ 26. Const. art. 5, § 36 (Bunn's Ed. § 109), held intended to preclude the idea of the exclusion of power by implication.-Anderson v. Ritterbusch (Okl.) 1002.

§ 29. Though a constitutional provision may be self-executing, yet supplemental legislation may be desirable.-State v. Hooker (Okl.) 964.

§ 29. The only limitation upon legislation supplementary to self-executing constitutional provisions is that the rights guarantied shall

$30. Const. art. 4, § 1a, reserving the initiative and referendum powers, held not self-executing.-Long v. City of Portland (Or.) 149.

§ 38. A statute called for by a constitutional provision is not unconstitutional because it conflicts with some other constitutional provision. -Long v. City of Portland (Or.) 149.

§ 46. Where an information was demurred to as not stating an offense and because the statute was unconstitutional, the Supreme Court on a reserved case under Rev. St. 1899, p. 1082, $$ 4276, 4277, had no jurisdiction to determine a constitutional question in advance of a determination of the first ground of demurrer.State v. Kelley (Wyo.) 886.

§ 46. The constitutionality of a statute will not be passed on unless necessary to the determination of the pending controversy.-State v. Kelley (Wyo.) 886.

§ 48. The presumption is that an act adopted by the Legislature is within its power.-People v. Nye (Cal. App.) 241.

§ 73. Where the state by legislative act confers on a board of public officers jurisdiction to exercise their discretion, the courts cannot reproperly exercised.-De Merritt v. Weldon (Cal.) view the question whether the discretion was 537.

V. PERSONAL, CIVIL AND POLITICAL RIGHTS.

§ 89. Laws 1907, p. 400, c. 250, is not unconstitutional in forbidding the sale or delivery of black powder for use in coal mine except in original packages as restricting the liberty of contract.-Ex parte Williams (Kan.) 777.

VI. VESTED RIGHTS.

08, p. 729, c. 81, art. 9), providing for the § 106. Act May 29, 1908 (Sess. Laws 1907discovery of property not listed for taxation, its assessment, and the collection of taxes thereon, invades no vested right of the taxpayer.-Anderson v. Ritterbusch (Okl.) 1002.

$48. A statute imposing a tax must be upheld, unless it appears beyond a reasonable doubt that the power to impose the tax is withheld from the Legislature.-Blackrock Copper Min. & Mill. Co. v. Tingey (Utah) 180.

III. DISTRIBUTION OF GOVERNMENTAL POWERS AND FUNCTIONS.

(A) LEGISLATIVE POWERS AND DELE GATION THEREOF.

$50. The declaration in Const. art. 4, § 1, held to comprehend the exercise by the Legislature of the sovereign authority of the state in matters properly the subject of legislation.People v. Nye (Cal. App.) 241.

§ 61. Act May 29, 1908 (Sess. Laws 190708, p. 453, c. 46, § 1), providing that, on recommendation of the Supreme Court, the Governor shall appoint an additional judge in a district "for the time recommended by the court," held, at least as to the fixing of the term of office by the Supreme Court, a delegation of legislative power to the judicial branch of the government in violation of Const. art. 4, § 1 (Bunn's Ed. § 50). In re County Com'rs of Counties Comprising Seventh Judicial Dist. (Okl.) 557.

(B) JUDICIAL POWERS AND FUNC-
TIONS.

§ 67. Const. U. S. art. 3, relative to the judicial department of the federal government, held to have reference only to the United States, and not to the states.-People v. Botkin (Cal. App.) 861.

§ 70. The courts refuse to consider legislative motives, except as they may be disclosed on the face of enactments or are inferable from their operation and effect, considered in the light of those matters of which judicial notice may be taken. De Merritt v. Weldon (Cal.) 537.

870. The district court held not to have jurisdiction of quo warranto proceedings to oust members of the railroad commission because their future acts under the law creating the commission would injure relators.-State Railroad Commission v. People (Colo.) 7.

FACTO LAWS.

$ 190. Act May 29, 1908 (Sess. Laws 190708, p. 729, c. 81, art. 9) relating to taxes held, in part, repugnant to Const. art. 2, § 15 (Bunn's Ed. § 24) prohibiting ex post facto laws.-Anderson v. Ritterbusch (Okl.) 1002.

§ 199. An ex post facto law will not be enforced against accused.-State v. Caruthers (Okl. Cr. App.) 474.

IX. PRIVILEGES OR IMMUNITIES, AND CLASS LEGISLATION.

§ 207. Pen. Code, § 27, making a person amenable to the penal laws of the state who, in whole or in part, commits a crime therein, held not in violation of Const. U. S. art. 4, § 2, providing that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.-People v. Botkin (Cal. App.) 861.

XI. DUE PROCESS OF LAW.

§ 251. Const. U. S. 5th Amend., providing that no person shall be deprived of life, liberty, or property without due process of law, has reference only to the United States, and not to the states.-People v. Botkin (Cal. App.) 861.

$ 251. Due process of law does not necessarily include trial by jury, or any court trial. -Anderson v. Ritterbusch (Okl.) 1002.

§ 259. Pen. Code, § 27, making a person amenable to the penal laws of the state, who held not a deprivation of due process of law in whole or in part commits a crime therein, in violation of Const. U. S. 14th Amend. § 1.People v. Botkin (Cal. App.) 861.

08, p. 729, c. 81, art. 9), providing for the dis§ 284. Act May 29, 1908 (Sess. Laws 1907the collection of taxes thereon, held not to incovery of property not listed for taxation, and fringe upon Const. art. 2, § 7 (Bunn's Ed. § 16), forbidding the deprivation of property without due process of law.-Anderson v. Ritterbusch (Okl.) 1002.

§ 296. A regulation of the liquor traffic which excludes business from a given district where it is in operation is not invalid because it impairs or destroys the business of those so located.Grumbach v. Lelande (Cal.) 1059.

CONSTRUCTION.

Of contracts, instruments or judicial acts and proceedings.

See Bills and Notes, § 145; Chattel Mortgages, $$ 124-155; Deeds, §§ 90-141; Guaranty, §§ 27-43; Pleading, §§ 34, 49; Release, § 29; Subscriptions, § 10; Wills, §§ 448-614. Insurance policy, see Insurance, § 146. Option to purchase leased property, see Landlord and Tenant, § 92.

Tax deed, see Taxation, § 773.

Of buildings or other works.

See Bridges, § 11.

CONSTRUCTIVE POSSESSION. To sustain adverse possession, see Adverse Possession, 100.

CONTAGIOUS DISEASES.

Of animals, act forbidding importation of infected sheep as interference with interstate commerce, see Commerce, § 52.

Of animals, jurisdiction of prosecution for importation of infected sheep, see Criminal Law, § 108.

CONTEMPT.

Disobedience to particular writs, mandates, orders, or judgments.

Orders for payment of alimony, see Divorce, § 269.

Refusing to give deposition, see Depositions, § 71.

Subpoena, see Witnesses, § 21.

I. ACTS OR CONDUCT CONSTITUTING CONTEMPT OF COURT.

§ 10. An officer summoning jurors, who is guilty of improper conduct in selecting them, is guilty of gross contempt of court.-Hargo v. United States (Okl. Cr. App.) 1021.

§ 21. An action in which a demurrer to the complaint was sustained held to be still pending SO as to sustain contempt proceedings.-Ex parte Joutsen (Cal.) 391.

II. POWER TO PUNISH, AND PROCEEDINGS THEREFOR.

$ 64. Record in contempt proceedings held required to show on its face the jurisdictional facts. In re McCarty (Cal.) 540.

III. PUNISHMENT.

§ 78. A party cannot be imprisoned until he obeys an order requiring payment of money, unless he is able to pay.-Ex parte Joutsen (Cal.) 391.

CONTINUANCE.

In criminal prosecutions, see Criminal Law, §§ 573-603.

$49. The denial of a continuance for absence of a witness, except on condition that plaintiff recover his costs, held not an abuse of discretion.-Warehime v. Schweitzer (Wash.) 747.

CONTRACTORS.

Power to license persons doing contract work, see Licenses, § 6.

CONTRACTS.

Assignment, see Assignments. Cancellation, see Cancellation of Instruments. Parol or extrinsic evidence, see Evidence, §§ 425-450. Reformation, see Reformation of Instruments. Specific performance, see Specific Performance. Contracts of particular classes of persons. See Corporations, § 447; Infants, § 58; Master and Servant; Municipal Corporations, §§ 248, 358, 374; Schools and School Districts, §§ 79, 82; Warehousemen.

Personal representative, see Executors and Administrators; § 97.

Contracts relating to particular subjects. See Interest; Waters and Water Courses, §§ 156-1582.

Ground for mechanics' liens, see Mechanics' Liens, § 111.

Particular classes of express contracts. See Bailment, § 31; Bills and Notes; Chattel Mortgages; Depositaries; Exchange of Property; Guaranty; Insurance; Joint Adventures; Partnership; Sales; Subscriptions. Agency, see Principal and Agent. Employment, see Master and Servant. Leases, see Landlord and Tenant. Sales of realty, see Vendor and Purchaser. Stipulations in actions, see Stipulations.

Particular olasses of implied contracts. See Account Stated; Contribution; Money Lent; Money Received; Use and Occupation; Work and Labor.

Particular modes of discharging contracts. See Compromise and Settlement; Payment; Release.

I. REQUISITES AND VALIDITY.
(A) NATURE AND ESSENTIALS IN
GENERAL.

§ 9. A contract to support plaintiff on consideration of release from liability on promise of marriage held not invalid for indefiniteness because of its failure to specify the amount to be paid for such support.-Henderson v. Spratlen (Colo.) 14.

§ 9. An agreement between the promoters of a corporation and a third person held too indefinite to form the basis of an action by the third person against the promoters or the corporation.-Hampton v. Buchanan (Wash.) 374.

(C) FORMAL REQUISITES.

§ 42. Where a verbal contract was made while the parties thereto were possessed of powembodying the terms of the verbal contract, was er to contract, a writing afterwards executed, binding, though at the time it was signed one of the parties was unconscious, and the writing was delivered to a person acting for him.Fearnley v. Fearnley (Colo.) 819.

(D) CONSIDERATION.

$65. A contract to support plaintiff in consideration of her relieving defendant from his promise to marry her, which was enforceable, held based on a sufficient consideration.-Henderson v. Spratlen (Colo.) 14.

$ 79. Receipt of a consideration under a verbal contract held sufficient to support a written contract thereafter executed embodying the terms of the parol agreement.-Fearnley v. Fearnley (Colo.) 819.