COPYRIGHT 1898, 1899, BY EDWARD THOMPSON COMPANY. COPYRIGHT, 1906, BY EDWARD THOMPSON COMPANY. All rights reserved. HOW TO USE THE SUPPLEMENT. THE titles of the articles and defined words and phrases are repeated in the order in which they are to be found in the AMERICAN AND ENGLISH ENCYCLOPEDIA OF LAW, Second Edition. At the top of each page are given the name of the subject and the pages thereof which are supplemented by reference to and statement of the late cases. Thus : 956-961 AGENCY. Vol. I. at the top of a page signifies that pages 956 to 961 of the article “Agency" in the first volume of the Second Edition are supplemented. In both text and notes the catch lines which appear in the Second Edition are here repeated in connection with new cases, thereby denoting that such new cases support the statement of law made in the text or notes of the Second Edition under the corresponding catch line. The large heavy-faced figures refer to the pages of the volume of the Second Edition. The smaller figure following the page number in the notes refers to the original note numbered by that same figure on that page. Thus, a note numbered 950. 2., with cases cited, indicates that those cases support the proposition to which the cases in note 2 on page 950 were cited. In some instances the new cases have necessitated the writing of new text, and the fact that such text is new is indicated by inclosing it with brackets. In the notes great freedom has been indulged in stating new illustrations and applications. The omission of a title that appeared in the Second Edition implies that no new cases on that subject have been found. Building Being Constructed-Workmen's Compensation Act. A building in the construction of which scaffolding is used is not completely constructed within the meaning of section 7 of the Workmen's Compensation Act until the scaffolding has been removed, and the removal of the scaffolding is a part of the work of construction. Frid v. Fenton, 82 L. T. N. S. 193, 69 L. J. Q. B. 436. * * Constructing a Railroad Fence. In construing a New York statute providing that barbed wire shall not be used in constructing a railroad fence, the court said: "Clearly this provision does not in terms apply the prohibition to fences already constructed. But construct means to put together, as the parts of a thing, for a new product; to form with contrivance; to fabricate; to build.'" Stisser v. New York Cent., etc., R. Co., 32 N. Y. App. Div. 98. 2. 1. Construction of a Railroad. A contract for the extension of a railroad by purchase is not equivalent to one by construction. The court in this case said: "Construction is defined to be the act of building or making; the act of devising and forming; fabrication.' Cent. Dict. It is in that sense that the term was used in this contract." Michigan Cent. R. Co. v. Pere Marquette R. Co., 128 Mich. 333. 2. In Deane v. State, 159 Ind. 313, the court said: "Construction, as applied to written law, is the art or process of discovering and 2 Supp. E. of L. —I I expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful either by reason of apparently conflicting provisions or directions, or by reason of the fact that the given case is not explicitly provided for in the law." See also Terre Haute, etc., R. Co. v. Erdel, 158 Ind. 344. 3. 1. State v. Shepherd, 177 Mo. 205; State v. Clancy, 24 Mont. 359. 1a. "A constructive contract is where, as here, duty defines it, instead of the contract defining the duty to be performed. Constructive contracts are fictions of law adopted to enforce the legal duties by actions of contract where no proper contract exists, express or implied." Graham v. Cummings, 208 Pa. St. 516. 2. Scruggs v. Scruggs, 105 Fed. Rep. 28. 3. Swafford v. Spratt, 93 Mo. App. 631. 3a. In Talbott v. English, 156 Ind. 307, the court said: "Eviction is either actual or constructive; actual when the tenant is deprived of the occupancy of some part of the demised premises, and constructive when the lessor, without intending to oust the lessee, does an act by which the latter is deprived of the beneficial enjoyment of some part of the premises, in which case the tenant has his right of election, to quit, and avoid the lease and rent, or abide the wrong and seek his remedy in an action for the trespass." And see the title LANDLORD AND TENANT. |