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ment by which it stipulated for an exemption from liability for damages on account of injuries occurring through its negligence. Held, that, as the authority of the government agents to contract for the transportation of mails is limited by the provisions of the United States statutes, and as no power is given them to contract for exemption to a railroad corporation from liability for such a cause of action, it was not to be assumed that the contract under which defendant carried the mails contained any such provision; that if the contract between the government and defendant contained such a provision it was unauthorized and void; that, assuming the decedent received the pass

and was chargeable with knowledge of its contents, it did not constitute a contract between him and defendant; that, as the absolute duty of carrying the agent in charge of the mail is imposed by said statutes upon the railroad corporation accepting the public mail for transportation, the defendant had no right to impose the condition; the agent's acceptance of the pass did not indicate his intention to assent to its provisions, and even if it might be so construed, and if the exemption clause was to be considered as a contract, it was void for want of consideration. Seybolt v. New York, L. E. & W. R. Co., 95 N. Y. 562; I8 Am. & Eng. R.

Cas. 162. 1205

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Definition, 9

Demonstrative legacies, 10

Devises and bequests upon condi-
tions, 62

General legacies, 10

Gifts to a class, 60

Lapsed and void legacies, 28

Life tenants, relative rights of, 190
Mixed funds, charges on, 45
Money, legacies of, 15

Particular purpose, given for, 62

Payment and delivery of legacies, 150
Pecuniary legacies, 10
Perishable property, 201
Personal annuities, 15

Personal estate, bequests of general,
23

Portions, satisfaction by legacy, 87
Real estate, charges on, 42
Real estate, devise of, 26
Remainderman, relative rights of, 190
Repeated legacies, 54

Residuary bequests and devises, 45
Rights of devisees and legatees, 150
Satisfaction, 70

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Letter of attorney, 237

Letter of credit, 237

Bills of exchange distinguished from,
Definition, 237

Guarantor, 240

How construed, 250

Kinds of, 238

Liability of writer, 239
Negotiability, 243

Letter of recommendation, 251
Letters, 251

Address, 263

Conspiracies, 264

Contracts made by, 254
Dates and postmarks, 263
Decoy letters, 257
Definition, 251
Evidence, 258

Husband and wife, 265

[239

Injunction against publishing or
opening, 253

Insane persons, 264

Letters of marque and reprisal, 265
Letters without prejudice, 257
Negligence, losses through, 258
Possession of, 264

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Legal tender, 222

Letter, 231

Letter of administration, 237

Libel (in practice), 504
Libel and slander, 292

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Libel and slander-Continued.
Privileged communications, 403
Privileged, when not, 322
Professional men, 312
Property, libel of, 316
Publication, 370

Publication, averment of, 472
Public entertainments, 331
Publication of letters, 372
Publication, place of, 377
Publication, who liable for, 371
Public institutions, 330

Public interest, matters of, 329
Public men, criticisms of, 318
Public officials, 363, 418
Remedy for libel, 324
Repetition of slander, 374

Republication, 318

Slander, instances of what is, 333
Slander of title, 366

Societies, reports of proceedings, 324
Statute of limitations, 454
Variance. 478

Words actionable only by reason of
special damage, 365

Words imputing a contagious disease,

Words actionable per se, 349

Words imputing a crime, 349

Words imputing an intention, 353
Words of suspicion, 353

1354

Words that apply to things and not
to persons, 394

Words touching one's office or voca-

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