wire carrying a dangerous current.

267.

Explosions.

The owner of nitroglycerine is held to be in substance an insurer against injuries by its explosion, and is held liable for damages thus caused, though he is not chargeable with negligence contributing to the explosion, and has not violated any provision of law regulating its storage. (Ohio) 658. Fast driving.

Firemen driving to a fire are held not bound by an ordinance limiting the speed of vehicles on streets. (Kan.) 429.

Passenger's negligence.

crowded street car, steps upon a track in A passenger who, on alighting from a front of another car which has given no sig. nal of its approach, is held to be not guilty of negligence. (Wash.) 169.

A passenger alighting from a train at a regular stopping place, and immediately starting across an intervening track for the station, is held not to be chargeable with the duty to look and listen for trains. (N. J.) 671.

Standing on the platform of a street car with one's back against the dashboard is held not to be necessarily negligent. (III.) 108. Negligence at railroad crossing.

A person approaching a railroad crossing where a train stands on a side track, discharging or receiving passengers, is held not to be guilty of contributory negligence in attempting to cross the main track without stopping, looking, or listening, when he knows of a rule of the carrier that an ap proaching train must stop before reaching the station when another train is receiving or discharging passengers. (Pa.) 261.

Boundary by water.

Conveyance to high-water mark is held, in Virginia, by operation of law, to carry title to low-water mark, unless the contrary intent is clearly shown. (Va.) 227.

Fraudulent deed.

The right of grantees to have a deed sustained against the grantor's creditors on the ground that the grantor took a conveyance from them on a secret trust for them is denied on the ground of estoppel. (Iowa) 209.

Earnings of mortgaged property. As between the mortgage bondholders and general creditors of a corporation it is held that the latter are entitled to the earnings of the company before actual possession is taken of the property by a mortgage trustee or receiver. (N. Y.) 132.

Crops.

Crops planted by one in possession under a bond for title, after he has refused to comply with his contract to purchase, and the vendor, having tendered a good title, has begun an action to foreclose the bond, are held to belong to the vendor. (Or.) 642.

Leasehold.

The owner of a lease for ninety-nine years, renewable forever, is held to be the owner of the property under the Ohio statutes respecting petitions for local improvements, so that his signature alone may be sufficient to justify an assessment which will bind the property and sustain a sale of it for default

in paying the assessment, even as against the lessor. (Ohio) 662.

Reciprocal easements by prescription. The claim that the long maintenance of a dam creates reciprocal easements such that a riparian owner may compel the continued maintenance of the dam, notwithstanding the proprietor's wish to abandon it, is denied where the dam is of a perishable character, and its maintenance involves the possibility of liability for persons injured by its bursting. (Minn.) 218.

Trusts.

A deed creating a trust for a married woman free from her husband's control and debts, and subject to disposal as she may direct or appoint by will or other writing, is held to give her an equitable fee simple,

which descends to her heirs in default of her directing any disposal of the property, although the deed of trust provides that, if she leaves the property without directing its disposal, the trustee shall convey it to her husband, his heirs or assigns. This deci sion is based on the principles that the absolute power of disposition precluded any exec utory devise or limitation over. (Mo.) 53.

A deed by a trustee to a third person in contravention of the trust is held not to be void as matter of law, but the legal title is held to pass subject to disaffirmance by a court of equity or the securing of the purchase price for the benefit of the cestui que trust. (Ala.) 66.

Interference with foreign corporations. A case refusing to interfere with the internal management of a foreign corporation is one in which an attempt was made to enjoin an alleged illegal assessment by a mutual insurance company. (Va.) 621.

The jurisdiction of a court to interfere with the management of a foreign corporation is again denied in a suit to restrain the levying of assessments on a member of a foreign insurance corporation, in the absence of fraud, although the court says that in case of fraud it might take jurisdiction, as well as in a case to recover the amount due on the policy after the company had attempted to forfeit it. (N. C.) 853.

Setting aside judgment.

A suit in equity is sustained in a state court to set aside a judgment obtained in a Federal court by fraudulent pretense of diverse citizenship of the parties as a basis of jurisdiction. (Mo.) 386.

Assignment. See BANKRUPTCY.
Bail; condition in execution of bond
Bankruptcy; relation of bankrupt law
to assignments and insolvent proceed-
ings under state laws:-(I.) Provi-
sions of the various bankrupt laws;
(II.) an assignment for creditors as
an act of bankruptcy; (III.) effect of
bankrupt law on assignments for cred-
itors: (a) cases under the bankrupt
act of 1841; (b) cases under the bank.
rupt act of 1867: (1) where no bank-
rupt proceedings were instituted; (2)
where bankrupt proceedings were in-
stituted, but the assignment was not
attacked; (3) where the assignment
was not attacked in time by bankrupt's
assignee; (4) where the assignment
was attacked in time by bankrupt's as-
signee; (5) effect on intervening judg-
ments and executions; (6) allowances
to assignee for creditors where the
assignment was avoided; (c) cases un-
der bankrupt act of 1898; (IV.) effect
of bankrupt law on insolvent proceed-
ings under state laws: (a) on subse-
quent proceedings; (b) on pending
proceedings; (c) on proceedings after
the repeal of the bankrupt law; (d)
on proceedings for arrest; (V.) pro-
ceedings for a receiver as affected by
bankrupt law; (VI.) effect of cred-
itors' bill or supplementary proceed-
ings as against bankrupt proceedings;
(VII.) effect of an assignment for
creditors on the right to a discharge
in bankruptcy

cret profit; (VIII.) negligence of
broker (IX.) agreement to divide
commissions; (X.) by purchase of
property; (XI.) double commissions:
(a) general rule; (b) reasons for the
rule; (c) custom or usage; (d) pool-
ing arrangements; (XII.) exceptions
to rule: (a) general; (b) knowledge
or consent; (c) mere middleman;
(XIII.) as affecting purchaser;

(XIV.) miscellaneous cases; (XV.)
burden of proof
33
Certiorari; to review excessive sentence 158
Condition; in execution of contract
321
Constitutional law; vested right in de-

fense of statute of limitations:-(I.)
Civil actions: (a) actions involving
title to real or personal property; (b)
actions not involving title to real or
personal property; (c) revival of ap-
peal or writ of error; (II.) criminal
actions

Consuls.

See DIPLOMATIC AND CONSU-
LAR OFFICERS.
Contracts; conditional execution of con-

tract under parol agreement that it
shall not take effect until others have
signed it :-(I.) Scope of the subject.
(II.) bonds: (a) rule that nonper-
formance of condition vitiates; (b)
rule that validity depends upon knowl-
edge or notice; (c) rule when bond is
joint; (d) what a sufficient condi-
tion; (e) knowledge of, or notice to,
obligee (1) effect of; (2) sufficiency
of; (3) evidence of: (f) waiver and
estoppel; (g) particular classes of
bonds: (1) application of general
rules;

609

(2) bonds for payment of
debts; (3) bonds of contractors; (4)
bonds of employees; (5) appeal
bonds; (6) bonds In attachment,
execution, etc.; (7) bail bonds; (8)
revenue bonds; (9) official bonds,
generally; (10) bonds of sheriffs, dep-
uties, constables, etc.; (11) treas-
urers' bonds; (12) collectors' bonds;
(13) guardians' bonds; (14) bonds of
executors and administrators; (15)
miscellaneous unclassified bonds;
(III.) conveyances; (IV.) ordinary
contracts or agreements; (V.) negoti-
able instruments: (a) conflict of au-
thority as to; (b) rule that failure to
perform condition vitiates instru-
ment; (c) rule that failure to per-
form is no defense; (d) the condition;
sufficiency and waiver; (e) notice of
condition; (VI.) non-negotiable notes 321

Corporations. See also RAILROADS.
Right to dividends on transfer of stock:
-In general; undeclared dividends
pass with the stock; rule applies be-
tween testator and legatee; between
life tenant and remainderman; be-
tween pledgeor and pledgee; sale for
future delivery; special contracts;
peculiar circumstances under which
dividend was declared; apportion-
ment; right to deal with dividend
separately; right to demand order for
dividend as condition of performing
contract to purchase; right as between
corporation and transferee
Right of stockholder to inspect books of
corporation :-(I.) At common law;

ef-

392

(II.) under statutes; (III.) extent
of the right generally: (a) at com-
mon law; (b) under statutes; (c) as-
sistance of attorney or expert; (d)
making memoranda and taking cop-
ies; (e) time of inspection; (f) the
books and papers inspected; (g)
fect of business convenience or neces-
sity on; (h) to what corporations
applicable (1) domestic corporations;
(2) foreign corporations; (3) insol-
vent corporations; (IV.) the remedy;
(a) by mandamus; (b) by imposition
of a penalty; (c) by action for dam-
ages; (d) other remedies; (V.) suffi-
ciency of demand and refusal to sus-
tain remedy; (VI.) effect of purpose
of stockholder on remedy: (a) gener-
ally (b) for hostile purposes; (c) to
obtain grounds for litigation; (d) to
obtain knowledge of condition of com-
pany; (VII.) rule that there must be
a specific dispute; (VIII.) matters of
procedure: (a) in mandamus; (b) in
other proceedings
Assessments on paid-up stock :—(I.)
General rule; (II.) the question of
assent; (III.) under state statutes;
(IV.) under charter provisions; (V.)
assessments under by-laws; (VI.)
assessment by resolution; (VII.)
voluntary assessments; (VIII.)
nonassessable stock; estoppel; (IX.)
injunction restraining
647
Creditors' bills; effect of bankruptcy on 193
Criminal law; effect of excessive sen-

tence (I.) Introduction; (II.) gen-
eral rule: (a) in state courts; (b) in
United States courts; (III.) effect of
application for habeas corpus: (a)
sentence void, prisoner discharged;
(b) discharged, proper sentence
served; (c) discharge refused on hab-
eas corpus; (d) discharge refused until
legal sentence served; (e) sentence
corrected or modified and affirmed;
(f) sentence ordered modified, and
case remanded; (g) proper sentence
imposed, and prisoner remanded; (h)
execution stayed, bail for future ap-
pearance; (i) remanded and record
corrected; (IV.) effect on appeal or on
writ of error: (a) in general; (b)
sentence reversed; prisoner discharged;
(c) prisoner discharged, legal sen.

446

tence served; (d) judgment reversed
in part and affirmed in part; (e) sen-
tence corrected or modified, and judg.
ment affirmed; (f) judgment ordered
modified, and case remanded; (g)
judgment reversed, and case remand-
ed; (h) judgment reversed, and new
sentence imposed; (i) judgment re-
versed, and new trial granted; (j)
execution stayed, bail for future ap-
pearance; (k) discharged upon suing
out writ of error; (V.) on certiorari:
(a) discharge refused; (b) judgment
reversed, and case remanded; (c) pris-
oner discharged; (VI.) English deci-
sions
Prosecution and punishment of distinct
offenses committed by single sale of
intoxicating liquors :-(I.) General
rule; (II.) principles exemplified
Diplomatic and consular officers;
exemptions and privileges of :-(I.)
Generally; (II.) jurisdiction of civil
actions against consuls: (a) Supreme
Court of the United States; (b) cir-
cuit courts of the United States; (c)
United States district courts; (d)
state courts; (e) English courts:
(III.) jurisdiction of criminal actions
against consuls; (IV.) exemption from
obligation to appear as a witness; (V.)
exemption from taxation; (VI.) ex-
emption from military and jury duties;
(VII.) domicil; (VIII.) trading with
an enemy; (IX.) exemption from lia-
bility for judicial and other acts
Jurisdiction and powers of consuls:-
(I.) Jurisdiction in criminal cases:
(a) generally; (b) in non-Christian
countries; (c) power to send crimi-
nals to home country for trial; (II.) ju-
risdiction in civil cases: (a) in China
and Japan; (b) in other non-Chris-
tian countries; (c) as to controver-
sies between seamen and masters of
foreign vessels; (d) as to discharge
of seamen abroad; (e) as to disabled
vessels; (f) in prize cases; (g) in
suits between French citizens; (III.)
powers of consul in other matters:
(a) to assert claims for his citizens
and country; (b) to administer on es-
tates; (c) to exercise diplomatic
functions; (d) to perform marriage
ceremony; (e) to grant certificates ;
(f) to take depositions and affidavits;
(g) to take acknowledgments of deeds
and powers of attorney; (h) to retain
ship's papers; (i) to license illegal
acts; (j) to contract; (k) to serve
process
Evidence; burden of proof of freedom
from fault in case of homicide, on plea
of self-defense

Burden of proof of fraud of broker
Execution; effect of bankruptcy on sup-

plementary proceedings

Former jeopardy. See CRIMINAL LAW.
Habeas corpus; suspension of writ of:
(1.) Power to suspend; who may sus-
pend; partial suspension; (II.) extent
and effect of suspension; as authoriz-