DISSOLUTION OF PARTNERSHIP, law concerning, 534. DISTRIBUTION OF THE PROPERTY OF AN INTESTATE, determined in the several States by the statutes of descent or of inheritance, 253.

the difference between the law of this country on this subject and the law of England, 253.

provisions as to the inheritance of the real property of an intestate, 253, 254.

distribution of the personal property of an intestate, 254.

how far similar to that of real estate, 254.

DISTRICT OF COLUMBIA, boundaries, extent, history, and condition of, 163.

DIVORCE, law of, 245.

of two kinds: divorce from the bond of matrimony, and from board and bed, 245.

from the bond of matrimony annuls the marriage altogether, 245. whether the guilty party may marry again, 245.

powers of the court as to terms of separation, 245.

a divorce from board and bed separates the parties, but leaves them still married. 245.

the law of, in England, 245.

history of the law of, in this country, 245.

what desertion or abandonment is a ground of divorce, 216.

cruelty a ground of divorce, 246.

condonation, meaning of and effect of, 246.

DOMESTIC RELATIONS, rights and duties growing out of, 201. parent and child, the law of, 201.

father's liability for minor child, 201.

infants or minors, law concerning, 202.

infants, who are, in law, 202.

on what day persons become of age, 202.

contract of an infant, if not for necessaries, voidable, 202.

infant may ratify and confirm it, and how, 202.

if an infant buys property, an act of ownership after majority con

firms the purchase, 203.

continued possession of the property has the same effect, 203.

infants' contracts for necessaries not voidable, 203.

what are necessaries for an infant, 202, 203, 204.

a note given by an infant, when voidable, 204.

an infant is liable for torts, or wrongs or offences, 204.
so if he fraudulently represented himself as of age, 204.
an infant's contract is voidable only by himself, 205.
form of an infant's new promise or confirmation, 205.

DOMESTIC MANUFACTURES, increase of, 70.

DOMICILE. (See LAW OF PLACE.)

DORMANT PARTNER, who is, 533.

DRAFTS. (See NOTES OF HAND AND BILLS OF EXCHANGE.)

DRAWER AND DRAWEE, of a bill of exchange. (See NOTES OF HAND AND BILLS OF EXCHANGE.)

E.

EMINENT DOMAIN, law of. It is the right of the sovereign to take private property for public purposes, 251.

the sovereign can take private property for public purposes only from public necessity, and by making full compensation, 251. limits to the right of compensation, 252.

the most common exercise of eminent domain, 252. ERASURES, in a written instrument, effect of, 278.

ESCROW, what it is, and law of, 375.

EXCESSIVE BAIL, prohibited by the constitution, 180.

reason for this provision, 180.

EXCESSIVE FINES, prohibited by the constitution, 181.

reasons for this provision, 181.

EXCISE, what it is, 64.

EXECUTION, clause of, in a deed, how it should be made, 279.

EXECUTOR OR ADMINISTRATOR, when he is liable on a promise to pay out of his own estate a debt of the deceased, 462. EXECUTORS AND ADMINISTRATORS, the law respecting, and who are, 265-273.

a testator may generally direct that his executors or trustees should not give bonds, 266.

act as the personal representatives of the deceased, 266.

judge of probate, sometimes called surrogate, ordinary, register
or registrar of wills, judge of the Orphan's Court, &c., 266.
an appeal may be taken from his decree to the Supreme Court, 266.
how an executor or administrator indorses negotiable paper of the
deceased, 266.

how they submit a disputed question to arbitration, 266.

when they can execute the contract of the deceased as the deceased could have done himself, 266.

that the entire right of representation survives to the others on the death of one of several executors, 267.

duties of an executor arranged according to law, 267.

when an executor or administrator finds an estate to be insolvent, what he should do, 267.

forms for executors and administrators, 268-273.

EXEMPTION LAWS, 649.

EXPRESSMEN. (See CARRIAGE of Goods anD PASSENGERS.) EX POST FACTO LAW, prohibited by the constitution, 182. meaning of this phrase, 183.

reasons for this provision, 183.

F.

FERRYMAN. (See CARRIAGE OF GOODS AND PASSENGERS.)
FINES, excessive, prohibited by the constitution, 181.
FIRE INSURANCE. (See INSURANCE AGAINST FIRE.)

FLORIDA, boundaries, extent, constitution, history, and condition of,

144.

the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife, and of homestead, 215.

FOREIGN AND INLAND BILLS OF EXCHANGE, distinction between them, 490.

the different States of the Union are, in mercantile law, foreign countries as to each other, 490.

FOREIGN ATTACHMENT, 648.

FRANKLIN'S MOTTO: "Join or die," 10.

FREEDOM OF SPEECH AND OF WRITING, right to, secured by the constitution, 185.

reasons for this provision, and effect of, 185.

every man speaks and publishes on his own responsibility, 185.

the law of libel, 186.

the law of slander, 186.

when and how far the truth of the words spoken or published is a defence, 187.

G.

GARNISHEE PROCESS, 648.

GEORGIA, convention of, adopted the constitution of the United States at once, unanimously, 23.

boundaries, extent, constitution, history, and condition of, 124.
the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife, and of homestead,
215.

GLOSSARY OF LAW TERMS IN COMMON USE, 676-697. GROWTH OF THIS COUNTRY, and the dangers which await us, 165. GUARANTY, law of, 457-462.

who is a guarantor, 457.

no special form of words necessary to create a guaranty, 457.

a guaranty of a debt may be enforced, although the original debt cannot be, 457.

contract of, is construed strictly, 457.

what a guarantor who pays the debt of his principal may demand, 457.

when there must be a consideration for a guaranty, 457.

what the consideration may be, 458.

when the acceptance of a guaranty is necessary, 458.

how a guarantor is affected by a change in the liability of the principal, 458.

surety and guarantor often used as if they meant the same thing; how they differ, 458.

effect on the guarantor of the extension by law of the obligation for which he is liable, 459.

when a guaranty is revocable, 459.

what indulgence a creditor may give his debtor without discharging his guarantor, 459.

when a surety requests a creditor to proceed against a principal debtor, 459.

when a creditor gives time to his debtor, how this affects the guarantor, 459.

when a guarantor becomes liable, what notice he shall have, 459. where a guaranty purports to be official, who is liable, 460.

a guarantor is discharged by any fraud practised upon him, 460. forms of guaranty, 460–462.

GUARDIAN AND WARD, the law concerning, 205, 207.

H.

HABEAS CORPUS, the writ of, secured by the constitution, 171. the legal meaning and effect of this writ, 172.

if this writ be properly executed, it makes illegal imprisonment impossible, 172.

illustrated by reference to France and England, 172.

what is illegal imprisonment, 172.

provisions of the laws of Congress and of the States to carry into effect the writ of habeas corpus, 173, 174.

method of obtaining this writ, 174.

what the writ is now commonly used for, 174.

form of a writ of habeas corpus, 175.

HOLDER OF NEGOTIABLE PAPER, his rights and duties, 494. HOMESTEAD, provisions respecting, by the statutes of the several States, 212-234.

HONOR, acceptance or payment for, 508.

HUMPHRIES, Colonel, letter to Washington in 1797, and Washington's reply, 20.

HUSBAND AND WIFE, rights and powers of, at common law, 210. an abstract of the law of husband and wife, and of homesteads, by the statutes of the several States, 212-234.

I.

IDAHO, Territory of, boundaries, extent, history, and condition of, 160. ILLINOIS, boundaries, extent, constitution, history, and condition of,

137.

the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife, and of homestead, 216.

IMPAIRING THE OBLIGATION OF CONTRACTS, prohibited by the constitution, 184.

reasons for this provision, 184.

instances of the application of this provision, 185.

IMPEACHMENT, House of Representatives aloue has the power of impeachment; principles and rules which regulate the same, 76.

Senate alone tries cases of impeachment; reasons why, 76.

Chief Justice of the Supreme Court presides, 76.

how the trial is conducted, 76.

the punishment which follows conviction, 76.

the convicted party may be tried afterwards for his crimes, 77.
who may be impeached, 77.

for what offences an officer may be impeached, 78.

INDENTURE, what it is, 283.

INDEPENDENCE, declared by Congress 4th of July, 1776, 11. INDIANA, boundaries, extent, constitution, history, and condition of, 135. the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife, and of homestead, 217.

INDIAN TERRITORY, boundaries, extent, history, and condition of,

163.

INDORSEMENT, what it is in law, 482. (See chapter on NOTES OF HAND AND BILLS OF EXCHANGE.)

who has the power of indorsement, 483.

in blank and in full, 486.

general authority to transact business does not include the power of, 517.

a special authority to indorse is construed strictly, 517.

the rights and duties of the indorser, 504.

INFANT, or minor, the law concerning, 201-205.

INHERITANCE, law of, 253.

INSOLVENT ESTATE of a deceased, duty of executors and adminis

trators, 267.

INSURANCE AGAINST ACCIDENT, law of, 605.

INSURANCE AGAINST DISEASE, law of, 605.

INSURANCE AGAINST DISHONESTY OF SERVANTS, law of, 605.

INSURANCE AGAINST FIRE, law of, 576–597.

the most frequent applications of this insurance, 576.

in this country always effected by companies, 576.

stock companies, what they are, 576.

mutual companies, what they are, 576.

mutual companies, on what terms insurance is made by them, 576. where mutual companies have a lien on the property insured, as security for the premium note, 577.

when and how far usage may be resorted to to answer questions arising under fire policies, 577.

when proposals made and accepted constitute a contract of insurance, 578.

construction of policies of insurance against fire, 578.

construction governed by the intention of parties as expressed, 578. instances of construction as to profits, stock in trade, wearing apparel, &c., 579.

when the designation of the insured is common to many persons, 579.