APPROPRIATION OF PAYMENT, law of, 467.
ARBITRATION, law of, 551-556.

of the submission or reference, 551.

it is essential to a valid award that it conforms to the terms of the
submission, 551.

an award cannot affect strangers, or those who are not parties to the
submission, 551.

an award must not embrace matters not included in the submission,
551.

an award will be construed liberally, 552.

an award must be distinct and certain, 552.

an award must require only what can be done, 552.

an award must be reasonable, 552.

an award must be final and conclusive, 553.

an award may be open to objection in a separable part without being
void in the whole, 553.

if an award cover "all demands and questions," a party may still
show that some particular demand was not considered or included,
553.

no especial form of an award necessary, 553.

any directions contained in the submission must be obeyed by the
arbitrators, 553.

an award, not objectionable for any thing it contains, may still be
set aside for irregularity in the conduct of the arbitrators, 554.
instances of irregularity which will avoid an award, 554.

an umpire, how he may be chosen, 554.

a submission (or reference) may be under a rule or order of court,
554.

a revocation of a submission by one of the parties; when and how
it may be made, 554.

a submission under a rule of court cannot be revoked by either party
without the consent of the other, 554.

a submission out of court can be revoked by either party at any
time before an award, 555.

effect of such a revocation, 555.

when the death of a party causes a revocation, 555.

when bankruptcy or insolvency causes a revocation, 555.

after an award is fully made, neither party without the consent of
the other, and neither one nor all the arbitrators, have any control
over it, 555.

a submission, or reference, may be made by an exchange of bonds
556.

forms of submission and of awards, 556, 557.

ARBITRATORS. Same as referees. (See ARBITRATION.)

ARIZONA, Territory of, boundaries, extent, history, and condition of, 160.
ARKANSAS, boundaries, extent, constitution, history, and condition of,

142.

the right of suffrage by the constitution of, 191.

abstract of the statute law of husband and wife, and of homestead, 212.

ARTICLES OF CONFEDERATION, a most imperfect instrument, from
the jealousies of the States, and the division of opinions and in-
terests, 13.

the nearest approach to a national government then possible, and
an important step in that direction, which made the national con-
stitution possible, 13.

defects of and objections to, 13.

ATTAINDER, bill of, prohibited by the constitution, 182.

what this bill is, 182.

reasons for this provision, 182.

AWARD, of referees or arbitrators. (See ARBITRATION.)

B.

BAIL, excessive, prohibited by the constitution, 180.

BALANCE OF POWER between the States may be much effected by
the admission of new States, 75.

BANKRUPTCY, law of, 605-625.

voluntary bankruptcy, 606.
assignments and assignees, 608.

of the debts of the bankrupt, 611.

the attendance and examination of bankrupts, 612.

the distribution of the bankrupt's estate, 613.

the bankrupt's discharge and its effects, 615.

preferences and fraudulent conveyances, effect of, 618

involuntary bankruptcy, 619.

superseding the bankrupt proceedings by arrangement, 621.

BED AND BOARD, divorce from, 245.

BILLS OF LADING have a kind of negotiability, 481.

BILLS OF EXCHANGE. (See NOTES OF HAND AND BILLS or Ex-
CHANGE.)

BONDS, law of, 449, 450.

what a bond is, 449.

the essentials of a bond, 449.

meaning and effect of the usual provisions of a bond, 450.

forms of bond, 450-456.

BOND OF MATRIMONY,,divorce from, 245.

BOOTS AND SHOES, manufactures of, 69.

C.

CALIFORNIA, boundary, extent, constitution, history, and condition of,
148.

the right of suffrage as defined by the constitution of, 148.

abstract of the statute law of husband and wife, and of homestead.
212.

CANALS, how far Congress may construct them, 60–63.

CARPETS, manufacture, of, 69.

CARRIAGE OF GOODS AND PASSENGERS, law of, 558-575.
distinction between private carrier and common carrier, 558.
private carrier, who is one, and what are his duties and his rights,
558.

common carrier, who is one, 559.

obligations and responsibilities of a common carrier, 559.

truckmen or draymen, expressmen, porters, stage-coaches, when and
how far they are common carriers, 559.

railroad companies and steam packets, when they are common car-
riers, 560.

ordinary sailing vessels, when they are common carriers, 560.

boatmen on canals and rivers, and ferrymen, when they are com-
mon carriers, 560.

a common carrier may be a wharfinger, warehouseman, or a for-
warding merchant; when he is to be considered in one character
and when in the other, 561.

bills of lading, usage and law of, 561.

receipts in the nature of bills of lading, by expressmen and others,
law of, 562.

obligation of a common carrier to receive and carry goods and pas-
sengers, 562.

obligations of a common carrier as to the passengers he carries, 563.
obligations of a common carrier as to the delivery of the goods he
carries, 564.

difference between common carriers by land and those by water, as
to the notice to be given of their arrival, 565.

when a third person claims goods by title adverse to consignor and
consignee, 566.

the lien of the common carrier on the goods he carries for his com-
pensation, 566.

the liability of the common carrier exceptional and peculiar, 567.
he is liable for any loss of or injury to the goods he carries, unless
the same be caused by the act of God or of the public enemy,

567.

he is liable for loss by fire, unless it be caused by lightning, 567.
liable for loss caused by his negligence after fire, tempest, or inun-
dation, 567.

liable for loss caused by theft, robbery, or violence of any kind,

567.

the general principles of agency apply to a common carrier, 566.
when a carrier is liable as carrier beyond his own route, 568.

when he is liable beyond his own route only as a forwarder and
for his negligence, 568.

a carrier of passengers is under a less liability for them than for
goods, 568.

no proof of care will excuse a carrier for loss of or injury to the
goods he carries, 568.

but proof of all possible care on his part will excuse him for in-
jury to passengers, 568.

CARRIAGE OF GOODS AND PASSENGERS Continued.

-

a carrier may give a notice limiting his liability for loss or injury,
569.

such notice must be reasonable in its extent, 569.

it must be brought home to the knowledge of the sender or the
passenger in such wise that his assent may be inferred, 569.
putting such notice on a receipt for goods or on a ticket for a pas-
senger, is not always enough, 569.

any fraud of the sender or passenger upon the carrier extinguishes
his liability, 570.

a carrier cannot make a valid bargain to protect himself against
a liability for his own misconduct, 570.

of the liability of the carrier for goods carried by passengers, 570.
liable only for what may be fairly considered as a passenger's bag-
gage, 570.

whether and how far he is liable for money, jewels, watches, arms,
or tools, carried in a trunk, 571.

not liable for a trunk containing goods carried as merchandise,
571.

the fare paid by the passenger pays for carrying his baggage, 572.
a carrier is liable only for baggage delivered to him or his servants,
and placed under his or their care, 572.

a traveller and his wife may give testimony as to their baggage and
its value, 572.

when a carrier is liable for the wilful wrong-doing of his servants,
573.

when a party injured is in fault, the carrier may still be liable,
573.

when a carrier is liable for injury to passengers carried gratui-
tously, 573.

when a railroad company is liable for fire set to buildings along
the road, 573.

forms of receipts or bills of lading by steam-packet companies,

573.

forms of receipts by express companies, 574, 575.

CASHIER OF A BANK, his rights, duties, and responsibilities, 515.
CENSUS, the constitution required an enumeration of the people to be
made within three years after the first meeting of Congress, 98.
census a Roman institution, and a Roman or Latin word, 98.
in Rome, the only purpose of a census was to classify the people for
political purposes, 98.

that the main purpose in this country; but now the census is made
the means of acquiring a vast variety of most important infor-
mation, 99.

annexed to the section concerning the census are tables enabling
the reader to compare this country with other countries in Eu-
rope, Asia, and Australia, in regard to the extent and density
of population, railroads, telegraphs, the mercantile navies of the
world, and the debts and revenues of the various nations, 101-106.

CHECKS. (See NOTES OF HAND AND BILLS Of Exchange.)

COBB, GENERAL, anecdote of, 20.

CODICILS, what they are, and law of, 258.

COINS, the money of the world, 85.

COLLATERAL PROMISE, how it differs from an original promise,

463.

COLONIES OF NORTH AMERICA, from their beginning exercised
self-government, 8.

COLORADO, Territory of, boundaries, extent, history, and condition of,
159.

COLUMBIA, District of, 163.

COMMERCE, power to regulate among the States, 58.

distinction between power to regulate and power to create, 58.
power of Congress over new instruments of internal domestic com
merce, 59.

COMMISSION-MERCHANTS, law of, 523.

of a guaranty by commission-merchants, 523. (See AGENCY.)
COMMON CARRIER. (See CARRIAGE OF GOODS AND PASSENGERS.)
COMPARISON of the present condition of this country with what it
was when the constitution was formed, 165.

CONDONATION, in the law of divorce, meaning of, and effect of, 246.
CONFEDERATION, Articles of, adopted by the Continental Congress in
1777, and ratified by the States in 1778, 1789, and 1781, 12.
CONGRESS, from nine States, in 1765, 10.

Continental, in Philadelphia, in 1774; in 1775 appointed Wash-
ington commander-in-chief of the continental army, and on the
4th of July, 1776, declared our independence, 11.

appointed a committee to prepare a form of confederation for the
colonies, 11.

resolution for a convention of delegates to revise the Articles of
Confederation, 21.

of the United States, first meeting of, 24.
has the power of admitting new States, 94.
precautions concerning their admission, 95.

a republican form of government guaranteed, 95.

this guaranty means that all the States guarantee to each State that
every State in the Union shall have a republican form of govern-
ment, 95.

by the admission of new States, how the balance of power between
the States is affected, 95.

CONNECTICUT, convention of, adopted the Constitution of the United
States, by a large majority, 23.

boundaries, extent, constitution, history, and condition of, 111

the right of suffrage by the constitution of, 192.

abstract of the statute law of husband and wife and of home
stead, 214.

CONSIDERATION of negotiable paper, 493.

CONSTITUTION, what a constitution is, 3.

imitations of a constitution in Europe and South America, 3.