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382

MUNICIPAL CORPORATIONS.—Continued.

water rates fixed by ordinance must be just and reason-

able and are presumed to be so—burden of proof....
when a water company must prove the unreasonableness

of water rates by showing actual results since the ordi-
nance fixing the rates went into force.....

383
what does not estop a water company from insisting that
rates fixed by ordinance are too low.....

... 383
act of 1909, prohibiting bill-boards or other advertising

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

... 436
ordinance passed in pursuance of express statutory power

will not be held unreasonable—a city has express au-

thority to regulate piling of lumber within fire limits.. 465
fact that lumber-piling ordinance is not expressly limited
to fire limits does not render it invalid...

466
ordinance against piling lumber within one hundred feet

of a residence is not invalid because it applies only to

residences already built......
statute requiring notice to city of personal injury applies

to injury to servant of city, but it is not invalid upon

that account.....
legislature may prescribe rules for the governing of trans-

actions of municipal corporations....
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 created by ordinance..

597

465

596

595

NEGLIGENCE.

a neglect of duty unconnected with the accident cannot be
relied upon for recovery.

42
a willful violation of the Mines and Miners act must be
something more than mere negligence...

42
the Mines and Miners act does not create a liability for
mere negligence of a mine owner......

42
railroad company must use ordinary care to provide rea-
sonably safe hand-rail for switchmen......

206
section 7 of act of 1907, relating to safety of persons in

and about buildings, applies to buildings being repaired

or altered as well as those being constructed....
when owner of a building is liable for failure to observe

provisions of act of 1907, for safety of persons in and

about buildings being constructed....
when architect is not an independent contractor-purpose

of section 7 of the act of 1907, requiring barriers to be
placed around openings in foors.

21

211

2II

2II

211

NEGLIGENCE.-Continued.

PAGE.
when evidence as to number and ages of children left by

decedent is admissible in action by widow....
when declaration in action against master for tort need

not negative the relation of fellow-servants.... 240
facts under which it cannot be said, as a mattet of law,

that the defendant corporation was not negligent in not
making proper inspection of boiler flues....

240
it is not necessarily negligence per se for a passenger to

alight from a moving steam train.....
question of ordinary care should be determined by jury

from all the circumstances of the case...
act requiring notice to city of personal injury applies to

injury to servant of a city but is not invalid upon that

account...
issues in action for tort must be tried by a jury unless a

jury is waived—it is error to dismiss a suit on defend-
ant's motion after it is at issue.

597

300

300

596

NOTICE.

failure to give land owners sixty days' notice to remove

fences is not ground for permanently enjoining open-

ing of a new road.....
the statute requiring notice to city of personal injury ap-

plies to injury to servant of city but is not invalid upon
that account..

365

595

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OFFICES.

the legislature may authorize Governor to remove officer

elected by people--sec ion 6 of the Mobs and Riots act,

authorizing removal of sheriff, is valid.....
office of sheriff becomes vacant when Governor's removal

proclamation is issued-vacancy cannot be filled by ap-

pointment if unexpired term exceeds one year.... 13
physical examination to determine fitness of a person for

discharging public duties, such as those of a policeman,
is not a "search" of the person...

311
physical examination to determine fitness of a person for

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

· 311

ORDINANCES.

water rates fixed by ordinance to be charged by a water

company must be just and reasonable and are presumed
to be so—burden of proof.....

382

PAGE.

ORDINANCES.-Continued.

plans, profiles and specifications attached to ordinance and
referred to are part of the ordinance....

199
estimate and ordinance may be read together to remove
uncertainty of description of improvement....

191
an ordinance passed in pursuance of express statutory au-

thority will not be held unreasonable-city has express

power to regulate piling of lumber within fire limits... 466
the fact that lumber-piling ordinance is not expressly re-

stricted to fire limits does not render it invalid....
ordinance against piling lumber within one hundred feet

of a residence is not invalid because it applies only to
residences already built....

466

466

OWELTY.

a court of equity, in partition, may decree the payment of

owelty to equalize an unfair division, but commissioners
have no power to recommend payment of owelty...... 494

PARENT AND CHILD.

purpose of statute allowing illegitimate children to inherit

from their mother-section 2 of the Statute of Descent
must be construed with section 1.

.. 126
illegitimate child cannot inherit from its mother's nephew

notwithstanding section 2 of Statute of Descent...... 127

PARKS.

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

.. 154
trustees of park district do not have the power of a vil-

lage board of trustees over contested elections. · 155

PAROLE LAW.

Parole law does not change punishment for crime-Parole

law does not apply to crime of conspiracy as defined by

section 46 of Criminal Code...
Parole law not invalid because title does not mention that

any crimes are excepted-such law does not delegate
legislative power to board of pardons...

524

348
448

PARTIES.

when failure to include all necessary parties in bill to con-

test will is not a failure to invoke jurisdiction..... 223
when the failure to make executors parties within one year
does not bar bill to contest will...

... 225

PARTIES.-Continued.

PAGE.
when right of beneficiaries to sue jointly on certificate can

not be questioned in court of review....
questions of right of complainant to any relief and of the

omission of necessary parties may be raised on appeal.. 538
PARTITION.

when heir must be charged with pro rata portion of mort-

gage---widow may, by arrangement with heirs, receive
part of rent as dower..

118
when heir is not entitled to accounting for rents... 118
when objection that complainant is not entitled to an ac-

counting comes too late-commissioners have no power
to recommend payment of owelty....

... 491
what does not cure error of commissioners in recommend-

ing payment of owelty-when complainant's solicitor's
fees should not be taxed as costs...

494
PARTNERSHIP.

when order of county court approving sale made by sur-
viving partner does not bind the heirs...

341
cquity has jurisdiction to set aside sale by trustee to him-

self—what does not defeat right of beneficiary to have
sale set aside....

341

PEDDLERS.-See ITINERANT VENDORS.

PENALTIES.-See FINES AND PENALTIES.

PETITION. .

petition for county aid for bridges should show that cost

of each bridge will exceed the amount fixed by law-

when petition for county aid is sufficient..
-persons petitioning to dissolve drainage district must own

at least three-fourths of assessed lands, not only those
owned by adults but by minors...

170

180

106

PLEADING

party must stand by demurrer if he desires to have order

overruling it reviewed-filing replication to plea admits

legal sufficiency of plea.....
replication to a plea in quo warranto is insufficient which

seeks to raise a question which has been disposed of by

overruling a demurrer to the plea......
when replications to pleas to information in the nature of

quo warranto are not departures from the case charged
in the information....

106

106

PLEADING.–Continued.

PAGE.
what must be shown by plea to information in nature of

quo warranto-if any of the several pleas to the infor-

mation are good, defendant is entitled to judgment.... 107
there is no inflexible rule for determining whether bill is

multifarious—reason for rule against multifariousness. 225
when bill to contest will need not be limited to that issue,

only-when failure to include necessary parties is not
a failure to invoke jurisdiction.....

223
when failure to make executors parties within one year

does not bar bill to contest a will—it is not sufficient to
allege fraud in general terms...

225
an averment that executors represented they had authority

from heirs to make a contract and that the heirs would
all sign it is an averment of fact.....

... 226
when declaration in action of tort against master need not
negative the relation of fellow-servants...

240
when demurrer is properly sustained to plea of Statute of
Limitations filed to amended count....

241
when a cross-bill is not necessary to enable defendant to
prove damages in suit to enjoin forfeiture...

471
when defense of laches must be set up by answer 624

POLICE POWER.

power of legislature to enact police measures is limited-

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

195
legislature may form classes for purpose of police regu-
lation—the act of 1907, relating to safety of persons in

buildings being constructed, is a police measure....... 210
police power does not justify an interference with private
rights for purely æsthetic purposes...

435
police power does not authorize arbitrary discrimination
in legislation...

509

538

POWERS.

estate of trustee in real estate is commensurate with his

powers-effect where executor holds the legal title but

has no active duties to perform....
when will confers only a power of sale upon executor-

executor having mere power of sale cannot maintain a

bill to correct deeds and cancel mortgages...
PRACTICE.

party must stand by demurrer if he desires to have order

overruling it reviewed-filing replication to plea admits
legal sufficiency of the plea..

... 106

538

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