CONSTRUCTIVE TRUSTS. See Uses and Trusts.

CONTEMPT.

powers of United States commissioners as to. U. S. C., § 25.

CONTRACTOR. See Corporations; Nuisance; Streets and Highways.

CONTRACTS. See Telegraph Companies; Usage and Custom; Uses and Trusts.
of telegraph company, when against public policy. Tel., § 29.

wrongful use of uncopyrighted mark. Torts, § 1033.

CORPORATIONS. See Master and Servant; Municipal Corporations; Negligence; Railroads;

Streets and Highways; Uses and Trusts.

reserved power of state to alter or repeal charter of. Trea., § 16.

power of legislature to control. Trea., § 17.

laws seeking to trammel, void. Trea., § 18.

distinction between public governmental and private corporate duties. Torts, § 915.
when not liable for acts of its officers done ultra vires. Torts, §§ 906, 916.

acts of contractors of. Torts, § 910, 912, 924, 926, 938.

act limiting liability of, construed. Torts, § 925.

torts of. Torts, § 934-936.

liable for act of agent. Torts, §§ 472, 495-497, 766.
liability for fraudulent representations. Torts, § 496.
liable to action of malicious prosecution. Torts, §§ 648, 671.
service of process on directors is service on. Torts, § 204.
canal, may permit use of canal for what. Water, § 187.

COUNSEL.

See False Imprisonment; Malicious Prosecution.

COUNSEL FEES.

as damages. Torts, § 888.

COUNTY COMMISSIONERS.

not responsible for act of contractor to build jail. Torts, § 942.

DAMAGES. See Actions for Causing Death; Carriers; False Imprisonment; Libel; Mali-
cious Prosecution; New Trials; Railroads; Slander; Streets and Highways; Tele-

graph Companies; Timber; Water and Water-courses.

exemplary. Torts, $$ 835, 842, 853-861, 887.

compensatory. Torts, §§ 842, 843.

nominal. Torts, § 852.

goods lost in transit. Torts, § 862.

wrongful expulsion from car. Torts, §§ 836, 837, 845.

permanent injury. Torts, § 838.

elements of compensation. Torts, §§ 838, 839, 848.

excessive. Torts, $$ 891-897.

excessive; new trial. Torts, SS 840, 846, 847, 849.

trespassing on timber lands of United States. Torts, §§ 841, 850, 851.

misfeasance of officer. Torts, §§ 863, 864.

counsel fees. Torts, § 888.

mitigation of. Torts, §§ 889, 890.

illustrative cases. Torts, SS 898-903.

DAMAGES- continued.

DAY.

actions for causing death. Torts, §§ 127, 165, 166, 871-876.

libel. Torts, SS 486, 515, 865, 866.

against railroads. Torts, § 312.

for injuries. Torts, $$ 877-887.

conversion. Torts, $ 867, 868.
deceit. Torts, § 869.

failure to deliver message. Torts, $ 870.

inflicted by state and private persons; distinction. Torts, § 932.
measure of, for wrongfully seizing property.
rule as to measure of. Water, §§ 231, 257.

fractions of, how computed. Time, §§ 13–19.
DEATH. See Actions for Causing Death.
DECEIT.

what constitutes, etc. Torts, §§ 960, 961.
damages for. Torts, § 869.

DECLARATION. See Pleading.

DECREE. See Uses and Trusts.

DEED.

Torts, § 922.

Ibid.

copy of, not authorized to be registered in North Carolina. Uses, § 450.
certified copy of registered deed not evidence.
water right passes by, when. Water, § 192.

DEDICATION. See Water and Water-courses.

See Master and Servant.

DEFECTIVE MACHINERY.
DEFINITIONS. See Maxims; Words and Phrases.
DEMURRER.

to evidence, when not allowed. Torts, § 382.
DENMARK.

treaties with. Trea., § 198.

DEPOSITIONS.

rule as to.

Water, § 229.

DEVISE. See Uses and Trusts.

DISPATCH. See Telegraph Companies.

DOMICILE.

defined. Torts, § 119.

DOWER.

none in trust estate. Uses, § 26.

E.

EAST RIVER.

legislation with reference to. Water, §§ 219, 220.
EJECTMENT. See Uses and Trusts.

EMINENT DOMAIN.

right of telegraph company to. Tel., § 31.

to use right of way of railroad. Tel., §§ 37-47.

right of. Water, § 35.

private property not to be taken till paid for. Water, § 40.

EMPLOYER AND EMPLOYEE. See Master and Servant.

constitutional provisions forbidding entailment of real estate do not apply to corpora-
tions. Uses, § 169.

will take jurisdiction of public nuisance at instance of private person, when.
§ 721.

injunction. Torts, SS 744-748.

bill in, proper mode to abate nuisance. Water, §§ 263, 264.

will not enjoin what the law authorizes. Water, 233, 234, 236.

will not interfere, when. Water, §§ 92, 98.

Torts,

of license to put building on right of way, admissible. Torts, § 308.

custom as to employing watchman for bridges not admissible. Torts, § 309.
of throwing of sparks by engine admissible. Torts, 310.

insurance expert may testify as to nature of exposure of building. Torts, § 315.
when official plats and books are competent. Tim., § 7.
parol, inadmissible, when. Tim., § 8.

burden of proof in action for damages by explosion of boiler.
certified copy of deed as. Uses, § 450.
of usages and customs. Usage, § 52-59.
presumptions as to. Usage, § 60-63.
onus of proving contributory negligence.

Torts, §§ 125, 225.

intoxication as evidence of. Torts, § 126.

in cases of torts. Torts, §§ 1055–1058.

Torts, § 12.

in action of malicious prosecution. Torts, §§ 640, 655, 659, 666, 694–698, 705–707.
burden of proof. Torts, $$ 656, 659.

in action for slander. Torts, SS 571, 572, 575, 576, 581.

to prove or disprove libel, sufficiency.

variance in proof. Torts, § 478.

Torts, §§ 478, 486, 492, 515, 518, 543–547.

malice presumed in libel. Torts, $$ 475, 501.

privileged communications. Torts, §§ 480, 481, 483, 484, 489, 490, 498, 505–507, 514, 548–
551.

when map not admissible as. Water, § 70.

discretionary with court. Water, § 71.

when admitting and refusing discretionary with court. Water, § 71.

"expert" testimony, value of. § 230.

former judgment in trespass is not conclusive. Water, § 45.

EXCAVATIONS. See Streets and Highways.

EXECUTION SALE. See Sale.

EXECUTOR. See Actions for Causing Death; Uses and Trusts.

EXEMPLARY DAMAGES. See Damages.

EXEMPTIONS.

annuity settled upon a person and his family cannot be reached by creditors. Uses, § 13.
no person exempt from process. Water, § 39.

when action for will lie. Torts, $$ 591, 604, 605.

proceedings before United States commissioner. Torts, § 584.
illustrative cases. Torts, §§ 627-638.

court or magistrate without jurisdiction. Torts, § 585.

when action on case is proper remedy. Torts, § 586.

want of jurisdiction voids proceedings. Torts, § 587.

rule of damages. Torts, § 597.

mitigation of damages. Torts, §§ 588, 596, 601.

when action for false prosecution proper. Torts, § 592.

defenses. Torts, § 623-626.

malicious prosecution. Torts, § 593.

charges of and malicious prosecution may be joined. Torts, § 594.

when president cannot cause arrest of citizen. Torts, $$ 599, 600.

order of superior military officer may palliate, but cannot justify. Torts, § 602.
when martial law a sufficient ground for public arrest. Torts, § 622.

malice and want of probable cause, when necessary to support action for.
608.

what constitutes probable cause. Torts, § 609.
joint tort-feasors. Torts, § 610.

Torts, §§ 606-

FALSE IMPRISONMENT- continued.

affidavit valid on face. Torts, § 611.

arrest under requisition. Torts, $ 612-614.
of seamen. Torts, $$ 615–617.

military arrests. Torts, §§ 618-621.

FEDERAL COURTS.

FEES.

construction of state statute by state court followed by. Torts, § 788; Uses, § 91.
when law of state rule of federal courts. Torts, §§ 789, 795; Uses, § 97.
bound by common law. Torts, § 379.

FIRES. See Negligence; Railroads.

negligent. Torts, §§ 83-86.

FISH RIGHTS. See Water and Water-courses.

statute may require construction of fishways. Water, § 386.

FLORIDA.

treaty of. Trea., §§ 115-123.

FORMER ADJUDICATION. See Res Adjudicata.

FRANCE.

treaty with. Trea., § 104, 199-216.

FRANCHISES.

injuries to. Torts, § 1030, 1031.

to water and miil privileges. Torts, §§ 1024-1029.

FRAUD. See Uses and Trusts.

FRAUDULENT REPRESENTATIONS.

liability of corporation for. Torts, § 496.

G.

GOVERNMENT.

liability of, for torts of its officers and agents. Torts, §§ 998-1001.
distinction between duties of, and private corporate duties. Torts, § 915.

GRANT.

to use water, when presumed. Water, §§ 80, 81.

GRANTEE.

rights of, of public lands. Water, § 56.

GREAT BRITAIN.

treaty with. Trea., SS 94-103, 217-256.

GUADALUPE HIDALGO.

treaty of, with Mexico. Trea., SS 124-127.

H.

HABEAS CORPUS.

act of 1863 authorizing suspension of writ of unconstitutional. Torts, § 677.
congress may suspend. Torts, § 678.

how object attained. Torts, § 679.

provisions as to protection of officers. Torts, §§ 680, 681, 684.

writ of, cannot be suspended by president. Torts, § 682.

proclamations of 1863 and 1866. Torts, § 683.

HEADS OF DEPARTMENTS.

judicial authority over. Water, § 38.

HIGH SEAS.

right of city on. Water, § 382.

HIGHWAYS. See Streets and Highways.

right of public to use Chippewa river as. Water, § 235.
when upon land and water adjoin. Water, § 368.

is that part of United States described in act of June 30, 1834. Torts, § 920.

INSTRUCTIONS.

to jury, must not assume unproved facts. Torts, § 11.

to jury, should guard against operation of illegal testimony. Torts, § 200.

to jury, request in aggregate. Torts, § 221.

rule of Judd v. Burrows, 91 U. S., 441, re-affirmed. § 226.

to jury, court may adopt its own language. Torts, $302.

need not charge law in ipsissima verba prescribed by counsel. Ibid.

when court may direct verdict for defendant. Torts, § 306.

to jury as to construction of area, good. Torts, 797.

to jury in libel suit, words may be defined. Torts, §§ 493, 519.

to jury, taking case from jury, when proper. Water, § 47.

action for causing death not maintainable by. Torts, §§ 99, 129, 161, 162.
INSURANCE EXPERT.

may testify as to nature of exposure of building. Torts, § 315.

INTERPRETATION. See Construction; Uses and Trusts.