FORCIBLE DEFILEMENT. See Rape. FORCIBLE ENTRY AND DETAINER. Summary proceedings by landlord for recovery of demised premises, see Landlord and Tenant, § 302. Trespass, see Trespass. I. CIVIL LIABILITY. Parties to action by town, see Towns, & 75. § 9. It is essential to an action for forcible entry that complainant should have been in peaceable possession.-Schwinn v. Perkins (N. J.) 19. § 9. Mere occupancy or personal presence of such possession as to sustain forcible entry.Schwinn v. Perkins (N. J.) 19. Claim or statement of mechanic's lien, see Me- complainant on the ground does not constitute chanics' Liens, §§ 132-160. FINAL ACCOUNTS. Of executors and administrators, see Executors and Administrators, §§ 465–515. FINAL JUDGMENT. 9. A mere trespasser cannot by the very act of trespass give himself what the law understands by possession against the person whom he ejects.-Schwinn v. Perkins (N. J.) 19. § 10. Rightful owner gaining possession of land forcibly may be deprived of it by statutory proceedings of one in actual peaceable posses Decisions_reviewable, see Appeal and Error, sion.-Schwinn v. Perkins (N. J.) 19. $$ 66, 76. FINDINGS. By court in general, see Trial, §§ 400-404. In action for injuries from fires from operation § 18. Gen. Laws 1909, c. 340, § 1, held not to change the general provisions of law as to who shall be complainant in forcible entry and detainer.-Town of East Greenwich v. Guenond (R. I.) 1015. § 38. In view of Rev. St. c. 106, § 20, and chapter 96, § 1, held, that a claim for betterments cannot be set up in actions of forcible entry and detainer, but only in real actions.United States v. Burrill (Me.) 568. § 43. Under Gen. Laws 1909, c. 340, §§ 8, Review in appellate court, see Appeal and Er-9, a bill of exceptions held not to lie in forcible ror, $8 527, 704, 1008-1010, 1071; Criminal entry and detainer.-Town of East Greenwich v. Guenond (R. I.) 1015. Law, § 1160. FINES. Excessive fines, see Criminal Law, § 1214. FIRE INSURANCE. See Insurance. FIRES. Civil liability for injuries from fires caused by operation of railroad, see Railroads, §§ 453486. FISCAL MANAGEMENT. FORECLOSURE. Of mechanics' liens, see Mechanics' Liens, §§ Of mortgage, see Chattel Mortgages, § 278; Of mortgages on property of corporations in Of right of redemption from tax sale, see Taxation, § 70S. FORFEITURES. Disposition or devolution of forfeited devises or Of municipal corporations, see Municipal Cor- of dower, see Dower, §§ 49-53. Of franchise of corporation in general, see Of insurance, see Insurance, §§ 310-336, 745. FORMER ADJUDICATION. Operation and effect in general, see Judgment, §§ 634-747. FORMS OF ACTION. See Action, §§ 27-34; Action on the Case; Assumpsit, Action_of; Debt, Action of; Ejectment; Forcible Entry and Detainer, §§ 9-43: Replevin; Trespass, §§ 20-74; Trover and Conversion. FRATERNAL ASSOCIATIONS. See Beneficial Associations; Insurance, §§ 723- Affecting right to specific performance of con- Offenses involving fraud, see Embezzlement. By particular classes of persons, or persons in particular relations. Applicants for insurance, see Insurance, §§ 256-291, 655, 723. Sellers of goods, see Sales, § 43. FRAUDS, STATUTE OF. III. PROMISES TO ANSWER FOR DEBT, DEFAULT OR MISCARRIAGE OF ANOTHER. § 20. Where the benefit, legal or pecuniary, to the promisor is the inducement for the promise of indemnity, such promise is not within the statute of frauds, as being a special promise to answer for the debt or default of another, but is an original promise binding on the promisor. -McCormick v. Boylan (Conn.) 335. § 21. A promise by the defendant that he would indemnify plaintiff for any loss he might sustain by reason of becoming surety upon a bail bond held an original promise not within the statute of frauds.-McCormick v. Boylan (Conn.) 335. V. AGREEMENTS NOT TO BE PERFORMED WITHIN ONE YEAR. $45. A contract that a sidewalk should stay in good condition for five years held not an agreement not to be performed within one year required to be in writing by Statute of Frauds (2 Gen. St. 1895, p. 1603) § 5, subd. 5.-Okin v. Selidor (N. J. Sup.) 770. § 49. A contract in terms covering five years. where performance may be required within one year, held not within the statute of frauds (2 Gen. St. 1895, p. 1602), if within such year the event upon which performance depended happened.-Okin v. Selidor (N. J. Sup.) 770. VI. REAL PROPERTY AND ESTATES AND INTERESTS THEREIN. § 72. A contract, by which one who had laid a cement sidewalk took in part payment the Vendors of land, see Vendor and Purchaser, sand excavated in the course of the work, is §§ 33-36. In particular classes of conveyances, contracts, transactions, or proceedings. See Bills and Notes. $$ 520, 537: Contracts, § 94; Insurance, §§ 256-291, 553, 655, 723; Wills, §§ 155-166. Deed, see Deeds, § 77. Sale of mining land, see Mines and Minerals, $ 54. Sales, see Sales, § 43; Vendor and Purchaser, §§ 33-36. Particular remedies. See Reformation of Instruments, § 20. II. ACTIONS. (C) Evidence. § 50. Fraud is never presumed, and the bur den of proof is on the party alleging it.-Monad Engineering Co. v. Stewart (Del. Super.) 598. $ 54. Fraud need not be established by direct evidence, but may be shown by circumstances.-Stouffer v. Alford (Md.) 387. $58. Fraud need not be established by direct evidence, but may be shown by circumstances.-Stouffer v. Alford (Md.) 387. (E) Trial, Judgment, and Review. § 64. Whether there is any evidence of fraud, or facts from which the jury may reasonably infer fraud, is, in most cases, for the court. Monad Engineering Co. v. Stewart (Del. Super.) 598. $ 64. Whether a representation was an expression of an opinion or as a statement of fact held to be for the jury.-Hotchkiss v. Bon Air Coal & Iron Co. (Me.) 1108. III. CRIMINAL RESPONSIBILITY. See Embezzlement. not a contract in or concerning an interest in land required to be in writing by Statute of Frauds (2 Gen. St. 1895, p. 1603) § 5, subd. 4. -Okin v. Selidor (N. J. Sup.) 770. FREIGHT. Carriage of goods, see Carriers, §§ 72-201. Carriage of live stock, see Carriers, §§ 205230. FUNDS. Of religious societies, see Religious Societies, $$ 17-25. Public funds, see Municipal Corporations, $$ 859-867. FUTURE ESTATES. Restrictions against perpetuities, see Perpetuities, § 4. GARNISHMENT. See Attachment. GAS. $ 16. The failure of a gas company operat ing as an agent of a city under a contract for the illumination of the city streets, to perform its duty to keep service pipes in repair, held to amount to misfeasance, rendering it liable to any one injured in consequence thereof.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 16. A gas company negligently failing in its duty to make necessary repairs in the serv ice pipes connecting city lamps with its gas mains, held liable for injuries from escaping gas, though the service pipes belonged to the city.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 16. A gas company contracting to furnish gas for city lamps, held required to keep the necessary connections in repair notwithstanding any ordinance by the city on the subject of street lighting.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 17. A gas company held required to take all reasonable precautions to confine the gas furnished within its pipes.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 17. A gas company does not discharge its duty to provide against the escape of gas, by assuming, without knowing, that a leak proceeds from one source when, in fact, it proceeds from a different source, discoverable by proper investigation.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 20. In an action against a gas company for personal injuries resulting from gas escaping from its pipes, an instruction held not objectionable as not within the issues raised by the declaration.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. § 20. In an action against a gas company supplying gas to street lamps, for injuries caused by gas escaping from a leak in a service pipe connected with a lamp, evidence held not to so conclusively show the ownership by the city of the pipe as to justify a withdrawal of the case from the jury on that ground.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. $20. Whether a gas company negligently failed to keep in repair the pipes through which it furnished gas, held for the jury.-Consolidated Gas Co. of Baltimore City v. Connor (Md.) 725. GENEALOGY. Constitutional grant of powers in general, see Constitutional Law, $ 26. Of easements, see Easements, §§ 12–14, 42. Of right to use streets for purposes, other than highway, see Municipal Corporations, $ 680. Determination of right of inheritance, see De- Of water rights, see Waters and Water Coursscent and Distribution, §§ 52-55. GIFTS. Specific performance, see Specific Performance, § 85. I. INTER VIVOS. Advancements, see Descent and Distribution, § 93. § 29. A delivery to trustees of certificates of corporate stock with a written assignment thereof, but without indorsement and without registration on the books of the corporation, as required by its by-laws and certificates, held sufficient to constitute a valid gift of the stock. -Talbot v. Talbot (R. I.) 535. II. CAUSA MORTIS. 66. Delivery of a bank book held not to be a gift causa mortis.-Kelly v. Perkins (N. J. Sup.) 14. § 81. In an action to recover property as having been conveyed by gift causa mortis, certain evidence held admissible, as tending to show that plaintiff did not have the title to the property as set up in the action.-Kelly v. Perkins (N. J. Sup.) 14. GOOD FAITH. Affecting residence of parties to suit for divorce, see Divorce, $ 124. Of attorney in dealing with client, see Attorney and Client, § 123. Of mortgagee, see Mortgages, § 154. Of party asking equitable relief, see Specific Performance, § 95. Of purchaser of land, see Vendor and Purchaser, § 228. es, § 156. III. CUSTODY AND CARE OF WARD'S PERSON AND ESTATE. $58. Rev. St. c. 69, § 8, authorizing allowance from a ward's estate for reasonable expense in defending guardianship proceedings, construed.-Appeal of Farnum (Me.) 901. $67. An appeal from a dismissal of a petition for an allowance, in a guardianship matter, under Rev. St. c. 69, § 8, is triable de novo.-Appeal of Farnum (Me.) 901. $67. A claim under Rev. St. c. 69, § 8. for expenses in defending a ward against guardianship proceedings, is properly presented by peti tion in the name of the claimant.-Appeal of Farnum (Me.) 901. HABEAS CORPUS. II. JURISDICTION, PROCEEDINGS, AND RELIEF. § 85. On habeas corpus by one imprisoned under conviction of crime, it may be presumed In equity, see Equity, §§ 359-385. On certiorari, see Certiorari, § 62. On plea in equity, see Equity, § 175. HEARSAY EVIDENCE. See Evidence, § 314. IV. TAXES, ASSESSMENTS, AND $127. Under Act April 12, 1905 (P. L. 142) § 128. Equity will not compel the refund- $ 129. Equity may restrain supervisors of a V. REGULATION AND USE FOR TRAVEL. (B) Use of Highway and Law of the Positive and negative testimony in action for Regulations denying equal protection of laws, Right of way over street railroad tracks, see Statutory and municipal regulations relating Streets, see Municipal Corporations, § 706. § 165. The ultimate control of public rights § 169. A traveler has an equal right to em- § 172. All persons using a highway held 601. $172. Operator of automobile held to have $173. Plaintiff, injured while on foot by a § 176. Driver of automobile, approaching $176. Driver of automobile, failing to give $176. Driver of automobile held not liable § 176. Driver of automobile held not liable § 176. Passenger in vehicle held bound to $184. The proximate cause of the injury to § 184. Whether a passenger in vehicle, in- $ 184. In an action for personal injuries re- (C) Injuries from Defects or Obstructions. In streets, see Municipal Corporations, §§ 819- 821. in equal shares by herself and husband, is en- II. TRANSFER OR INCUMBRANCE. § 111. Pub. St. 1901, c. 138, § 4, held not to § 111. The power of an owner to alienate § 118. A deed which effectuates the release § 118. A mortgage construed, and held to § 118. A mortgage in which a wife joins § 198. A county held not liable for injuries § 11. "Malice," essential in murder, defined. 605. § 13. Malice, in law of homicide, held im- $22. "Express malice aforethought" defined. $ 22. "Murder of the first degree" defined.- § 23. "Murder of the second degree" defined. § 28. Intoxication held no defense to charge Dower or rights of widow in real property of ceiving any intent to kill, when his offense was reduced to murder in the second degree.-Com- Subrogation to rights of mortgagee, see Sub-monwealth v. Detweiler (Pa.) 271. I. NATURE, ACQUISITION, AND EXTENT. (A) Nature, Creation, and Duration of § 1. Nature of homestead right stated.- (B) Persons Entitled. § 21. Under Pub. St. 1901, c. 138, § 1, held, III. MANSLAUGHTER. $ 31. "Manslaughter" defined.-State v. Rob- IV. ASSAULT WITH INTENT TO KILL. § 89. Where, if death had resulted from the |