No. 1268. Book 2, part 2, tit. 5, chap. 9, sec. 2. No. 1268. policy, if they are made in restraint of marriage, (a) or as to the mode of playing an illegal game, (b) or on an abstract, speculative question of law, not arising out of circumstances in which the parties have a real interest.(c) 1268.-2. Wagers as to the sex of an individual,(d) or whether an unmarried woman had ever borne or would have a child, (e) or whether Napoleon Bonaparte would be removed or escape from St. Helena, within a certain time, (f) have been severally holden to be illegal. The supreme court of Pennsylvania have laid down the rule, through one of the judges, that every bet about the age, or height, or weight, or health, or circumstances or situation of any person, is illegal; and this, whether the subject of the bet be a man, woman or child, married or single, a native or foreigner, in this country or abroad.(g) (a) 10 East, 22. (b) 2 H. Bl. 43. (c) Henkin v. Guerss, 12 East, 247. And see Day's note; S. C. 2 Camp. 408. (d) 12 East, 247; 1 B. & A. 683. (e) Ditchburn v. Goldsmith, 4 Campb. 152. (f) Phillips v. Ives, 1 Rawle, 36; Gilbert v. Sykes, 16 East, 150. (g) Per Huston, J., 1 Rawle, 42. INDEX. A. A l'impossible nul n'est ténu, maxim of, 233. Abandonment of personal property, effect of, 195. what loss will authorize an, 497. when to be made, 497. effect of, 497. Aborigines, rights of, 17. Abrogation, what, 43. Absence, what, 100. statute of limitation does not run during, 337 Absentees, who are, 100. Absolute sale, what, 389. acceptance of a bill, 467. rights, what, 85. property, 186. Acceptance of a contract, what, 224. bill, what, 465, by whom made, 465. when to be made, 465. form of, 466. effect of, 467. absolute, 467. conditional, 467. partial, 467. Acceptor, who is an, 457. Accession, what, 197. natural, 197. VOL. I. 33 Accession, artificial, 198. Accessory contracts, what, 273. Account, guardian bound to keep an, 144. Agreements, how divided, 264. See Contract. Air, no property in the, 170. Alegatio falsi, consequence of, 504. Aliens, who are, 66. rights of, 18. enemies cannot contract, when, 232. Alluvion, what, 172. who is entitled to, 172. differs from avulsion, 172. Alternative agreements, what, 268. American ambassadors, domicil of, 99. Animals, how classed as property, 185, 186. feræ naturæ, 186, 189, 190. when insurer is liable for the death of, 496. Animo revertendi, effect of, 99. Animus possidendi, effect of, 180. Apocha oneratoria, what, 353, n. Appointing power, in whom vested, 30. Apportioned, rent may be, 270. rights of, 159. services of, 160. when not assignable, 162. obligations of, 165. rights of, 165. remedies of, against master, 166. Apprenticeship, what, 159. form of contract of, 161. duration of, 161. assignment of, 162. dissolution of contract of, 166. Appropriation, what, 321. right of, 322. rules relating to, 322. Arbitrary laws, what, 53. Aristocracy, what, 11. Arm of the sea, what, 173. Armies, congress may raise and support, 20. Art, what, 160, n. Articles of confederation, 15. agreement, what, 355. Articles of agreement, form of, 355. Artists, what, 160, n. Artizan, what, 160, n. Assent differs from consent, 224. Assignment of indenture of apprenticeship, 162. Attorney, letter of, 352. warrant of, 351. who is an, 352. liable for neglect, 404. in fact, who may be, 315. by whom to be appointed, 315. Auction, what, 391. Auctioneer agent for seller and buyer, 367. Author, rights of, 201, 202, 203. Average, what, 496. loss, what, 495. Avulsion, what, 172. Award, when contract is extinguished by, 325. B. Badges of fraud, what are, 262. Bailment, what, 393. for the benefit of both parties, 393. the bailor, 393. bailee, 393. Bank notes, effect of payment in counterfeit, 318. making a promissory note payable in, 477, n. Banks of rivers, rights of the owners of, 171, 173. Bankruptcies, congress may make laws relating to, 20. Barratry, what, 496. Bars to marriage, what are, 107, 108. the recovery of a debt, legal, 329. Bastard, who is a, 132. entitled to parent's maintenance, 119. |