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CONSTITUTIONAL LAW.-Continued.

PAGE.
urder the general law of contracts a misrepresentation

does not give rise to a criminal liability......
parol executory contract is not within the criminal stat-

ute concerning false pretenses....
law should treat alike men engaged in ordinary business

transactions-discrimination...
act of 1899, prohibiting deception, false advertising and

misrepresentation in employing workmen, is invalid... 508
the police power does not authorize arbitrary discrimina-
tion in legislation..

509
act of 1899, to prohibit deception in employing workmen,
is not sustainable as a police measure.

509
it is no objection that title of act is more comprehensive

than the act itself-Parole law is not invalid because
title does not mention crimes excepted....

... 532
what is meant by "legislative power"-legislature may

authorize boards created by it to formulate rules...... 532
the Parole law does not delegate legislative power to the

board of pardons in violation of constitution..... 532
the act of 1909, authorizing sale of Kaskaskia commons,

is valid....
constitution does not prohibit all special legislation con-

cerning schools but is restricted to subject of the man-
agement of schools....

579
the act of 1909, authorizing sale of Kaskaskia commons,

is not invalid as prohibited special legislation...... 579
legislature may prescribe rules governing transactions of

municipal corporations different from those which gov-
ern the transactions of individuals.....

596
act requiring notice to city of personal injury is not in-

valid because it applies to injury to servant of city.... 597
section 2 of the act requiring notice to city of personal
injury is within the title of the act....

.. 597

578

12

CONSTRUCTION.

of section 6 of Mobs and Riots act, authorizing Governor

to remove sheriff, as being valid--vacancy occurs when

Governor's removal proclamation is issued.
of will, as to when the daughters are vested with the fee

upon the father's death-word “or” may be construed

to mean "and"....
section 2 of Statute of Descent must be construed with

section 1-purpose of statute allowing illegitimate chil-
dren to inherit from their mother...
2 4 9 - 41

113

126

210

210

CONSTRUCTION.-Continued.

PAGE.
of provision of Revenue act of 1909 exempting "property

of schools," as invalid-of provision exempting property

used for school and religious purposes, as valid...... 132
of the Revenue act of 1909, exempting property from taxa-
tion, as not having retrospective operation.

133
effect of amendment of statute by a subsequent act-doc-

trine of ejusdem generis is applied only as an aid in as-
certaining the legislative intent...

151
sections 97 and 58 of Election law should be construed

together-county court has jurisdiction to hear contest
of election of park district trustees....

155
section 98 of Election law applies to officers of a munici-
pal or quasi municipal corporation....

155
of State Reformatory act, as not being invalid because it

does not provide for an allowance of good time nor be-
cause it applies only to male offenders....

165
it is not to be assumed, in construing a statute, that the

legislature intended to exceed its authority.
the act of 1907, relating to safety of persons in and about

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

and to those being repaired or altered—the purpose of

section 7, requiring barriers around floor openings. ... 211
of section 17 of Roads and Bridges act, as not compelling

land owner to accept town orders instead of money for

land taken for opening road...
of provision of Mechanic's Lien act authorizing personal

decree where lien is not established, as being invalid.. 395
section 6 of the Conveyance act does not apply where

first taker has a life estate, only—technical words are
presumed to be used technically....

406
deed construed as creating contingent remainder-proper
construction of section 6 of Conveyance act..

407
of act of 1909, prohibiting bill-boards or other advertis-

ing structures near parks and boulevards, as being in-

valid, as an arbitrary interference with private rights. 436
the rule where description of land applies to two tracts—a

deed having two descriptions should be construed most

strongly against grantor-description construed. 487
of the act of 1899, prohibiting deception, false advertising

and misrepresentation in employing workmen, as being

invalid.....
law does not favor repeal by implication-section 57 of

Municipal Court act has not repealed the various laws
concerning disposition of fines and penalties......

554

... 365

508

PAGE.

CONSTRUCTION.-Continued.

of residuary clause of will, as limiting previous devise of
fee simple to a life estate...

544
of section 57 of Municipal Court act, as not affecting lien
of State's attorney for fees...

554
of section 13 of division 14 of the Criminal Code, as not

authorizing judgment for costs against State in case of
an unsuccessful prosecution of criminal case... 554
of provision of section 48 of the Local Improvement act

concerning waiver of further controversy, as to when it

does not apply....
effect of act of 1909, authorizing sale of Kaskaskia com-

mons—such act is constitutional.....
the rule in interpretation of statutes-construction is pre-

ferred which will sustain constitutionality of the act.. 596
the statute requiring notice to city of personal injury ap-

plies to personal injury. to servant of the city.....
of act requiring notice to city of personal injury, as not

being invalid though applicable to injury to a person in
its employ occasioned by city's negligence...

597

568

578

596

CONTINGENT REMAINDERS.-See REMAINDERS.

CONTRACTS.
it is not sufficient to aver fraud generally.. :

225
when agreement may be set aside though misrepresenta-
tion is as to a matter of law....

226
when allegations of fraud in making a settlement agree-
ment are sufficient to require an answer.

226
when it is necessary to allege and prove scienter in action

for fraud and deceit in sale of stock of corporation.... 354
when waiver of lien is available to owner of building-
general waiver of lien must be enforced.....

394
mechanics' liens exist only by virtue of the statutes—such
statutes must be strictly construed......

... 394
provision of the Mechanic's Lien act authorizing personal

decree where lien is not established is invalid, as vio-
lating constitutional right to trial by jury.....

395
when chancellor's finding that complainants in a bill for

accounting have parted with their interests for valuable
consideration will not be set aside......

451
alleged fraud in property trade must relate to existing

fact-mere promise to perform an act is not a repre-
sentation....

457
when representations by alleged agent in property trade
are improperly allowed to be proven...

457

CONTRACTS.—Continued.

PAGE.
a written contract is presumed to embody all the agree-

ments of the parties-breach of a promise not a part of
the contract is not actionable....

457
oral contracts relating to land must be clearly proved

what does not justify court of review in disregarding

testimony of witnesses proving the contract.... 501
declarations inconsistent with an oral contract, which are

made by one party in the absence of the other, are not
binding upon the latter....

501

CONVEYANCES.-See DEEDS; MORTGAGES.

72

CORPORATIONS.-See MUNICIPAL CORPORATIONS.

right of a corporation to rent real estate not immediately

needed—what question as to corporation's business can
not be determined on demurrer..

107
a corporation authorized to carry on a particular busi-
ness may do so through a lessee...

107
Federal court has jurisdiction to determine whether cor-

poration is of the class subject to Bankruptcy law.... 304
question whether a corporation is subject to the Bank-

ruptcy act is a mixed question of law and fact.... 304
COSTS.

trial court is invested by statute with discretion in taxing

examiner's additional fees as costs.....
discretion of chancellor in awarding costs in a chancery

proceeding is subject to review—when the complainant
should not pay more than one-fifth....

379
when complainant's solicitor's fees in partition suit should
not be taxed as costs.....

494
judgment for costs must rest upon statute-section 13 of

division 14 of Criminal Code does not authorize costs

against State for unsuccessful prosecutions...... 554
what is meant by term "uncollected costs," as such term
is used in the Municipal Court act...

354
rule as to taxing of costs of preliminary examination in

municipal court where the accused is bound over to the
criminal court.....

555
costs in chancery case rest within discretion of court-
what is not an abuse of such discretion....

575
COURTS.

circuit court cannot be deprived of its jurisdiction over

trusts-extension of jurisdiction of county court would
not deprive circuit court of jurisdiction..

30

1

456

456

COURTS.-Continued.

PAGE.
jurisdiction of probate courts is a limited one-probate

courts cannot be invested with jurisdiction over testa-
mentary trusts.....

31
the act of 1909, conferring jurisdiction upon probate and

county courts over testamentary trusts, is invalid...... 31
county court has jurisdiction to hear contest of an elec-
tion of park district trustees....

... 154
trustees of a park district do not have power of village
board of trustees over contested elections...

155
motion to vacate judgment stays final judgment until mo-

tion is overruled—a bill of exceptions may be tendered

and signed after judgment becomes final..
municipal court has power over its judgments for thirty

days—municipal court judgment does not become final

until motion to vacate is disposed of....
when it is not improper, at subsequent term, to allow ex-

ception to denial of motion for new trial.....
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
section 57 of Municipal Court act has not repealed the

various laws concerning disposition of fines and penal-

ties nor does it affect lien of State's attorney for fees.. 554
judgment for costs must rest upon statute-statute does

not authorize costs against State in criminal case..... 554
rule as to costs of preliminary examination in municipal
court where accused is bound over.....

555
whether office of city attorney is created by ordinance is

a matter for proof, as courts do not take judicial notice
of what offices are so created.....

597
proceeding to contest election is purely statutory-county

court has no jurisdiction to hear contest of election on
proposition to levy tax to build hard road..... 617

456

COVENANTS.-See DEEDS.

CREDITORS' BILLS.

admissibility of new evidence where a creditors' bill pro-

ceeding is remanded, with directions to enter decree in
accordance with holdings of opinion...

... 378

CRIMINAL LAW.

State Reformatory act is not unconstitutional because it

does not provide for allowance of good time nor because
it applies only to male offenders.

165

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