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APPEALS AND ERRORS.-Continued.

PAGE.
it is the province of the jury to determine the credibility

of witnesses—when alleged newly discovered evidence
is not ground for new trial...

... 603
abstract of record should show rulings on exceptions con-
cerning the matters complained of......

... 603
defendant must object and except to improper conduct by

the court.--conviction not necessarily reversed because
witnesses disagree on some matters...

... 619
fact that record in a chancery case contains all the evi-

dence need not appear from chancellor's certificate.... 624
when objections to proof of contents of letters for want of
proof of loss of letters are waived.....

624

APPROACHES.-See BRIDGES.

ASSESSMENT FOR TAXES.-See TAXES.

ATTORNEY AND CLIENT.

when conversations between testator and his attorney are

not privileged communications....

146

ATTORNEYS AT LAW.

right of attorney to accept retainer from insane person-

failure to use good judgment in dealing with an insane
client is not ground for disbarment..

524

BANKRUPTCY.

when action will not lie against the party who instigated
bankruptcy proceedings subsequently dismissed......

304
Federal court has jurisdiction to determine whether cor-

poration is of the class subject to Bankr cy law.... 304
question whether corporation is subject to the Bankruptcy
act is a mixed question of law and fact...

.304

BASTARDS.-See ILLEGITIMATES.

BENEFIT SOCIETIES.

benefit certificate is not void because one of the benefici-

aries is ineligible—when eligible one of the two bene-
- ficiaries is entitled to full amount....
statement that persons named as beneficiaries were mem-

ber's cousins is not a warranty..
when right of beneficiaries to sue jointly on certificate can

not be questioned in court of review...

448

448

448

BILL-BOARDS.

PAGE.
act of 1909, prohibiting bill-boards or other advertising

structures near parks and boulevards, is invalid, as an
arbitrary interference with private rights....

436

9

BOARDS OF REVIEW.

when petition to board does not show such facts as ex-

empt property of church corporation from taxation....
party claiming tax exemption must state facts and not his

conclusions—taxing authorities must decide question of
tax exemption from facts stated.....

132

BRIDGES.

petition for county aid for bridges should show that cost

of each bridge will exceed the amount fixed by law.... 170
when a petition for county aid is sufficient-when insuffi-

cient-county levy for "bridges" includes building new
bridges, repairing old ones and building approaches... 170

BUILDING CONTRACTS.-See CONTRACTS.

BUILDINGS.

the act of 1907, relating to safety of persons in and about

buildings being constructed or repaired, is not invalid.. 210
the act of 1907 applies alike to buildings being constructed

and to those being repaired or altered-purpose of sec-

tion 7, requiring barriers around floor openings......
when owner of building is liable, under section 7 of act

of 1907, for failure to observe its provisions.

21

2II

BURDEN OF PROOF.-See EVIDENCE.

CERTIFICATES OF LEVY.-See TAXES.

CHANCERY.-Sec EQUITY.

CHURCHES.

a church corporation having only a bond for a deed on

April i cannot claim the property is exempt from taxes. 9
when petition does not show such facts as exempt prop-
erty of a church corporation from taxation..

9
provision of Revenue act of 1909 exempting property used

exclusively for school and religious purposes is valid.. 132
what is a "religious purpose," as meant by constitution.. 133

CLOUD ON TITLE.

PAGE.
what is sufficient prima facie proof of title in complain-

ant—what is sufficient prima facie evidence of the com-
plainant's possession....

82
holder of void tax deed can convey no title-clerk's cer-

tificate to delinquent list should be made on the day ad-
vertised for the sale....

82

COMMONS OF KASKASKIA.

State has sole power to authorize a sale of commons of

Kaskaskia-management of common property is deter-
mined by the majority....

578
petition of majority is binding upon minority—the will of

majority may be expressed by ballot or petition..
the interest of each inhabitant depends upon his being a

member of the community-effect of the act of 1909

authorizing sale of commons of Kaskaskia...
the act of 1909, authorizing sale of Kaskaskia commons,
is valid...

578

578

578

CONSIDERATION.

equity will not reform a deed made without considera-

tion—when rendition of services by sister to brother is
valuable consideration for deed....

... 359
when a deed from wife to husband is not without con-
sideration..

574

348

12

CONSPIRACY.
what is essential to crime of conspiracy under section 46 of

the Criminal Code—Parole law does not apply to the

crime of conspiracy...
CONSTITUTIONAL LAW.

purpose of the constitutional provision concerning titles

of acts-provisions fairly tending to effectuate object of

act as expressed in its title are proper..
all parts of act to suppress mob violence are within its

title—legislature may authorize Governor to remove an

officer elected by the People....
section 6 of Mobs and Riots act is not invalid—not all

legislation based upon classification is invalid......
section 6 of the Mobs and Riots act is not invalid as a

special law relating to sheriffs but not affecting minor

peace officers, such as constables and the like.......
the act of 1909, conferring jurisdiction upon probate and

county courts over testamentary trusts, is invalid.....

12

12

13

31
41

CONSTITUTIONAL LAW.-Continued.

PAGE.
constitution places coal miners in a class by themselves

as respects legislation for their safety--what is meant

by word “appliances," as used in constitution......... 41
constitutional provision for safety of miners includes all

physical conditions existing in mines..
section 18 of Mines and Miners act is not, when properly
construed, unconstitutional.....

41
power of legislature to exempt property from taxation is

limited-provision of Revenue act of 1909 exempting
"property of schools" is invalid..

132
provision of act of 1909 exempting property used exclu-

sively for school and religious purposes is valid...... 132
section 13 of article 4, concerning titles of acts, should be

liberally construed—any means reasonably adapted to

secure object indicated in title may be included...... 164
sections 10, 11, 12, 16 and 17 of State Reformatory acr

are within the title of the act and are valid..... 164
State Reformatory act not invalid because it does not pro-

vide for allowance of good time nor because it applies
only to male offenders.....

165
party cannot complain of provision of statute which does
not injuriously affect him.

165
power of legislature to enact police measures is limited-

"itinerant vendor" provision of Medicine and Surgery
act is not a proper police measure..

195
effect of "itinerant vendor" provision of the Medicine and

Surgery act—such provision is unconstitutional as re-
spects patent medicines....

195
a license fee for purpose of regulation must not be so ex-
orbitant as to create monopoly in favored class.....

195
legislature may form classes for purpose of police regu-

lation-act of 1907, to protect persons in and about the

construction of buildings, is a police measure........ 210
courts should sustain constitutionality of statutes unless

they are clearly invalid.....
it is not to be assumed, in construing a statute, that the

legislature intended to exceed its authority..
section 7 of the act of 1907, relating to protection of per-

sons in buildings being constructed, is not invalid....
provision of section 55 of Levee act making drainage as-

sessment a lien on property of railroad is invalid...... 260
sections 176 and 18 of Levee act, as amended in 1909, are

valid so far as they provide a method for ascertaining
benefits...

260

210

210

210

CONSTITUTIONAL LAW.-Continued.

PAGE.
constitution does not limit drainage assessment to lands
but includes property benefited....

... 263
the constitution authorizes the legislature to make street

railway liable to drainage assessment..... ... 263
physical examinations to determine fitness of persons for

discharging public duties, such as those of a policeman,
are not "searches” of the person...

311
a physical examination to ascertain fitness of police pa-
trolman is not an unreasonable requirement......

311
fact that physical examination may result in a charge of
incapacity does not make it unreasonable...

311
land owner cannot be compelled, under section 17 of the

Roads and Bridges act, to accept town orders instead
of money in payment for his land.....

366
the constitution requires that compensation for private

property taken for public use shall be paid in money.. 367
laws allowing liens for labor and material are constitu-

tional, but should be limited to the creation of liens and
provision for enforcing them.....

394
right to trial by jury as it existed at time constitution was
adopted cannot be taken away.

... 394
complainant's waiver of jury trial by invoking aid of a

court of equity is not binding upon defendant..... 395
constitutional provision as to trial by jury does not ex-

tend to trial of issues of fact in equitable actions.... 395
constitution guarantees a jury trial in cases according to
the con

ommon law and to a verdict which is not merely
advisory but binding upon the court......

... 395
provision of Mechanic's Lien act authorizing a personal
decree where lien is not established is invalid...

395
individual rights are subordinate to higher rights of pub-

lic—the power of the legislature to deprive persons of

natural rights is not unlimited.....
constitution is the highest written law of the State—it is

for the courts to say whether legislature has gone be-

yond constitutional limits....
police power does not justify interference with private

rights for æsthetic purposes—an interference for such

purposes does not promote general welfare.....
the Bill-board act of 1909, prohibiting bill-boards or other

advertising structures near parks and boulevards, is in-

valid, as an arbitrary interference with private rights.. 436
what is included in the terms “life," "liberty" and "prop-

erty”—statute depriving persons of liberty or property
must be general in its operation...

508

436

435

436

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