Agent, but is for positive wrongs, ii. 633, | Aliens, privileges conferred upon, by n. (u). power to employ sub-agent, ii. 633. when alone liable, ii. 630, n. (c). when both principal and agent liable, when neither principal nor agent liable liable for negligence in collecting of state, may be sued in federal corporations liable for acts of, ii. 284, authority of, may be revoked, ii. 643,. compensated by share of profits, not a may not purchase trust property, iv. 438. (See Deed.) history of, iv. 441, 442. Alienations, of land, iii. 507, iv. 441, 442. may be suspended for two lives, iv. Aliens, and natives, ii. 39–73. when naturalized, to abjure foreign children of, at common law, ii. 50, children and widow of, under laws of not acquire property by descent or distinction of antenati and postnati, ii. under French laws, ii. 68, 69. may be devested of real estate, ii. 61. may take mortgage of real estate, ii. right to sue and be sued, ii. 63. oath by, of intention to renounce for- | states, ii. 69-71. disabilities of, as to uses and trusts, ii. enemies, rights of, to sue, ii. 63. under Constitution of United States, what may be naturalized, ii. 72. protected in the use of trade-marks, ii. entitled to benefit of attachment laws, where sue for a tort, i. 304. widow of, entitled to dower, iv. 36, rights to sue in federal courts, i. 343, excluded from enumeration, i. 230, n. Alimony, allowed to wife, ii. 99 and ns. (c), Allegiance, what, and how lost, ii. 39-50. natural, what, ii. 42. when it attaches in this country, ii. 39, not lost by foreign domicil, ii. 49. origin of oath of, iii. 511. oath of intention to renounce, ii. 64. to whom due, ii. 44. how far due from aliens, ii. 63, 64. effect on licenses, i. 69. Allodial estates, in the middle ages, iii. 495 Allowance, of one third new for old, in in- Alluvion, what, iii. 428. doctrine of, iii. 428. islands, formed in sea or rivers, iii. Ally, co-operating, liable to confiscation of not to trade with enemy, i. 69. Ambassadors, free from arrest, i. 15. immunity of, established, i. 182. Ambassadors, binding acts of, i. 40. Ancestor, debts of, when heir liable for, iv. when lineals and collaterals embraced, Ancestral Estates, iv. 404. Ancient lights, doctrine of, iii. 448. denied to exist in New York, iii. 448. dangerous, ii. 348 and note. no courtesy nor dower in, iii. 460, n. personal property, sub modo, iii. 460, n. when not reached by creditor's bill, iv. to children, when inalienable, iv. 311, when apportioned, iii. 471, n. (a). Antenati, (see Aliens.) Antenuptial contracts, ii. 172. Antichresis, iv. 137, n. (b). Anticipation, clause against, ii. 170 and n. Appeal, in criminal cases, i. 325. Appellate jurisdiction, of Sup. Court of (See Jurisdiction.) n. (a). Appointment, (see Power.) Apportionment, cf rents, iii. 469, 470, 471 (See Rents.) of annuities, iii. 471, n. (a). of wages, iii. 471, n. (a). of freight, iii. 333. of premium, iii. 341, 342. of representation in congress, i. 230. iv. 429, note, 431, 432 and n. (g). refusing to work, may be imprisoned, law of New York relative to, ii. 263, right of master to assign, ii. 223, 264, earnings of, belong to master, ii. 265. (See Guardian and Ward, Master and Apprenticeship, contract of, must be in writ- Arbitration, one partner cannot submit to, Armed neutrality, the, i. 126, 153, 154. Arms, of the sea, i. 26, 29. Arrest, by sergeant at arms, i. 236. of confederation, i. 210. in futuro, iv. 354. (See Distribution and Administration.) notes. Assignee, of, lessee and mortgagee, liability bound by covenant to pay assess of covenants, iv. 471, 472. right of, to sue in federal courts, i of reversion, right of, to sue, iv. 123, in bankruptcy, authority of a joint, iv. of chose in action, ii. 351, n. (2). goods not delivered after, evidence of right of giving preferences, ii. 532- when assent of creditors to be given or presumed, ii. 533. must not coerce creditors, 534. does not pass franchise of corporation, general, cannot be made by one part- by partner of private property, for of stock how affected, ii. 577, n. (d). voluntary, by insolvents, ii. 532. of breaches in covenants, iv. 471, 472. Assignment, of interest in land, to be in Average, foreign e adjustment binding, iii. bag foreign, effect of, ii. 405-408. for contempt, i. 311, note. power of, when agent conceals revo- Attorney-General of United States, i. 307. value of goods, ship, &c., how esti- Bailments, by pledging, defined, ii. 577. share of stock, ii. 577, 578 in notes. not retain for other debt, ii. 584. locatio operis faciendi, ii. 588–591. innkeepers, ii. 592, (see Innkeepers.) Bailors, when bound to refund money ex- Baltic, maritime code, i. 127. Bank, national, not to be taxed by states, authority of congress to create, i. authority of congress to create, under of U. S., right of to sue in the fed- Bank Checks, when to be presented for distinguishable from bills, iii. 104 and drawer's want of funds excuses pre- Bankers, lien of, ii. 624, note. Bankruptcy, distinct from insolvency, ii. right of states relative to, ii. 390, laws, foreign, when conflicting with return of goods after, ii. 514, note. Bargain and sale, whether contingent use Barratry defined, iii. 304, 305. Bastards, descent of property to, iv. 413- (See Legitimacy and Children.) rule relaxed in many states, ii. 212- Batture, (see Alluvion,) iii. 428, n. (b). Belligerents, rights of, with respect to each Benefices, originals of feudal tenants by when they became hereditary, iii. 496. Bequests, to unincorporated companies, when void, as against public policy, Bets, not ground of contract, iii. 278 and Betterment law, ii. 335, 336 and notes. Biddings, at mortgage sales, when opened, Bill of Lading, what is, iii. 206, 207. extent of engagement of, iii. 207 and note. different sets of, iii. 207. rights of bona fide indorsee, iii. 207, indorsee of, when liable for freight, indorsee of, may bring action in his effect of indorsement of, ii. 548–552. Bill of Sale, effect of, ii. 493-498 and transfer not in course of trade, effect burden of proof, when imposed on lost bill, when action lies on, iii. 82 8. Acceptance, iii. 82. how made, iii. 83, 84. when written acceptance required, iii. promise to accept, before bill drawn, sight bills, when to be presented for, general or special, iii. 83. legal effect of, iii. 85-88, 114. feme covert, payee, partners, infant, 5. Protest, iii. 93. of foreign bills, iii. 93. of inland bills, iii. 93, 94. negligence in protesting, consequence 6. Demand of Payment, iii. 93, 95–104. when to be made at particular place, due diligence to find acceptor, what, when bill falls due on Sunday, iii. when to be made on time, or sight at what time of day to be made, iii. 7. Steps to fix Drawer and Indorser, iii. reasonable notice of demand required, notice, by whom to be given, iii. 106, notice, within what time, iii. 104-107. notice, to what place directed, iii. 107 notice, want of, excused, how and Bills of Exchange, notice, contents of ̧ îïi. notice, waiver of, iii. 109, note. giving time to accept, effect of, iii. subsequent promise, effect of, iii. 118. general law-merchant, as to, iii. 115, rule in American states, iii. 116-120. Bills of Rights, history of, ii. 1, et seq. New York colony, declaration of 1691, various American declarations of, ii. 1-3. Blacks, (see Persons of Color.) Blank Indorsement, iii. 89. Blockade, law of, i. 98, n. (1), 143, 144. presence of adequate force, i 144. precludes egress and ingress, i. 146. Bocland, iv. 441, 442. Bona fide purchaser of land protected, iv. 464. of chattels, when protected, ii, 498, (See Possession.) Book of Fiefs, iii. 496. Bottomry, by master of vessel, iii. 171, 172 Boundaries, on water, iii. 427, 428. on waters above tide, iii. 427-432. construction of boundaries, iii. 429, on highways, effect of, iii. 432, 433. may be restricted by express words, when fixed by time, iii. 442, 443. Bridges, over navigable waters, right of |