Contracts, personal, have no locality, ii. | Corporations, joint-stock banking compa- 285, n. (a). on subject contrary to foreign laws, how affected by usage, iii. 260 and note. when amounts to a lease, iv. 105. (See Remainders.) to general average, iii. 231, 232, 233. notes. by sureties, iii. 86, note, iv. 370, among insurers, iii. 280, 281. to party-walls, iii. 437, 438. to division fences, iii. 538, 539. between owners of encumbered es- by joint owners, iv. 370. of states in 1787, i. 218. Conversion, equitable, ii. 230, n. (c), 476, by one tenant in common, ii. 350, ns. of, from one form to another, ii. 364, Conveyance, voluntary, when void, iv. 463. Coparceners, defined, iv. 366. (See Ten- Copyright, requisites to the vesting of, ii. French law, relative to, ii. 376, n. (d). when publication enjoined, ii. 380- in translations and abridgments, ii. as affected by quotations, ii. 382, 383. statutes of United States relative to, Corporations, ii. 268. (See Stockholders.) members of, considered as one person, history of, ii. 268–272. foreign, may sue, &c., 284 and ns. (b) statute of N. Y. relative to, ii. 272, restrictions upon the formation of, ii. nies, ii. 272, n. (5). limitations in the period of charters of, 272, ns. (c) and (7). personal responsibility of members, aggregate, what, ii. 274. rights and authorities of, ii. 288, n. (4) franchise of, not to be sold, ii. 284, n. civil, what, ii. 275, 304. cannot delegate its powers to another what act creates, ii. 275, 276, 277. ordinary powers of, ii. 277, 278. profits of, may be divided or accumu- personal responsibility of members of, powers and duties of, acting as trus- power of, to hold lands, ii. 281-283. 283-285 and notes. liability of, for acts of agents, ii. 290, liability, on implied promises, ii. 289, liability of, for injuries and negli railroad, (see Railroads.) 'right of, to hold to charitable use, ii. power of, to make contracts, ii. 288- contracts of ultra vires, ii. 291, n. (3). liable for trespass, ii. 284, 290, ns. (a) liable for taxes, ii. 290, n. (a). no power to change name, ii. 291, n power of, to elect members and make officers of, when and how elected, ii. Corporations, what number of directors | Courts, federal, jurisdiction, between citi- must act, ii. 293. power of, to remove members, ii. 297, right of members to inspect corporate powers of, strictly construed, ii. 297– liable to visitation, ii. 800-305. right of, to forfeit stock, ii. 312 and n. charter of, when subject to legislative dissolution of, ii. 305–315. legislative repeal, how affected, ii. legislative repeal, how affected in effect of insolvency of, ii. 314, 315. and ns. (g) and (3). excepted from statute of wills, iv. devises to, for charitable uses, when Corruption of blood, ii, 386. Counsel in Courts of U. S., i. 306, 307. punishable by congress, i. 432, note. Courtesy, what, ii. 130, (see Husbands.) estate by, defined, iv. 27, 28. Courts, may declare laws unconstitutional, Courts, federal, how far common-law juris- principles of common law applied in, jurisdiction of criminal cases in admi- note. jurisdiction when an alien is a party, jurisdiction of, against person not in zens of different states, i. 344. 347. right of U. S. to sue in, i. 347. right of trustee to sue in, i. 348, right of assignee to sue in, i. 349. inhabitants of District of Columbia jurisdiction, when state a party in state not to be sued by individuals in, agents of states may be sued in, i. jurisdiction of, in admiralty, (see Ad- jurisdiction over ceded territories, i. proceedings and execution in, regu- process and decisions, how affected Circuit, of U. S., (see Circuit, Superior, and Court of Claims of U. S., jurisdiction of, i. judgments not binding till confirmed, congress may overrule decisions of, i. Courts-Martial, naval jurisdiction of, i. to pay debt of another, not within to stand seised to uses, iv. 492, 493. to convey land, iv. 450. not implied in deeds by law of New usual covenants in deeds, iv. 471. running with the land, iv. 109, 471, measure of damages on covenants as breaches on, how assigned, iv. 479 Creditors' bill, how affected by trust estate, | Damages, none for unavoidable injury, ii. iv. 311, n. (b). cannot reach salary, iv. 431, n. (e). Crimes at sea, under statutes of United Criminal cases, jurisdiction of, in federal Criminals, duty of surrender of, i. 36 and notes. Crop, in ground, iii. 477, iv. 95 and notes, may be distrained, iii. 477, 478. Cross, remainder, iv. 201, 202. when cruiser liable as pirate, i. 100. Custom-house, goods delivered at, as affect- Cy-pres, doctrine of, ii. 288, n. (a), iv. 508 D. Damages, measure of, on bills of exchange, measure of, to person and character, general law, as to, ii. 15, note. on breach of contract, ii. 480, n. (b), on breach of warranty, ii. 480, n. (b). on partial loss in insurance, iii. 336, goods sold by master of vessel, how against a carrier of passengers, ii. 600, against carrier of goods, ii. 598-611. on bills according to law, where in dower, iv. 67-69. value of goods lost by jettison, iii. value of ship, how estimated on gen- eral average, iii. 242. for fraudulent acts, iv. 477, n. (a). measure of, for wrongful sales by fac- 284, n. (a), iii. 436, n. (c). measure of, in cases of tort, ii. 15, n. Dams of water, iii. 440, 446, n. (a). Days of grace, on bills, according to law, wound of a ship, iii. 308 and n. (a). Debt, antecedent, when a good considera- when discharged by negotiable paper, (See, also, Confiscation and Priority.) Debts, when heir compelled to pay, iv. primary fund for payment of, iv. 420, of marshalling of assets, iv. 421, 422. Declaration of Independence, i. 208, 209. in chancery, effect of, ii. 387, n. (1). Dedication, by government of public place, facts constituting dedication of street, iii. 433, n. (a), 450 and notes. whether acceptance by public neces- Deed, language to be taken strongly lex loci, governs, iv. 441, n. (b). quia emptores, iv. 444, 445. who may alien or purchase, iv. 446. champerty and maintenance, iv, 449., 1. Of the execution of a deed, iv. 450-453. must be in writing, by statute of what interests within statute, iv. 450, Deed, part performance and specific exe- Defamation, (see Slander and Libel.) cution, iv. 451, 452. seal necessary, iv. 451. what is sufficient seal, iv. 452, 453. in escrow, iv. 455. how made, iv. 455, 456. how far assent of grantee is neces- record of, iv. 456, 459. want of record, effect of, iv. 456. certificate of proof of, how made, iv. 2. Component parts of, iv. 460. form of deeds, iv. 460. form of Egyptian deed, iv. 462. n. essential parts, iv. 461. parties, how described, iv. 462. voluntary conveyances, when void, good or valuable consideration, iv. consideration need not be expressed, description of the estate, iv. 466. reservation and exception in, iv. 468. usual covenants in, iv. 468, 471. covenants running with the land, iv. measure of damages on the cove- breaches, how assigned, iv. 479. seisin, what, iv. 482, 483. effect of feoffment in working 2. Grant, iv. 490. to what subjects applicable, iv. attornment, what and when nec- essary, iv. 490, 491. 3. Covenant to stand seised to uses, iv. consideration of, iv. 493. 4. Lease and release, iv. 494. 5. Bargain and sale, iv. 495. Defeasance, (see Mortgage.) Degrees of consanguinity, (see Descent.) Delivery, essential to pledge, ii. 577, 578. (See Gifts, Acceptance, Decd.) of part, whether good for the whole, under the civil law, ii. 498. to carrier, ii. 499. symbolical, when sufficient, ii. 500, according to subject-matters, ii. 500- 503. of articles to be manufactured, ii. 504 of ship being built, ii. 504, n. (c). want of, as evidence of fraud, (see at wharf, when sufficient, ii. 605 and Demurrage, what, iii. 203. involuntary, ii. 568, n. (9). i. 311. amenable to its jurisdiction, i. 311, note. Derelict, title to goods, ii. 357. defined, iv. 374. * first rule of, lineal, in equal degree, iv. in United States, iv. 375, 379. ancestor must be seised, iv. 385, 386. of estates acquired by deed and by per stirpes and per capita, iv. 391, 392. when estate goes to the father, or Descent, when estate goes to the mother, | Devises, not alienable, iv. 270, 271. fourth rule of, iv. 400. when intestate dies, leaving no par- of collaterals, iv. 401. of being heir of persons last seised, iv. on failure of lineal descendants, iv. fifth rule of, iv. 407. sixth rule of, iv. 408. in the several states, iv. 409, 411. of posthumous children, (see Chil- new rules of, in England, iv. 395, n. of computing degrees of consanguin- to illegitimate children, iv. 413-417. estate by, makes heir liable for debts, of right of common, iii. 409. in rules of construction of, iv. 466-468. in a foreign port, iii. 199, n. (d). in insurance, what is, iii. 312. Devise, lapsed, iv. 541, 542. powers to executors, iv. 324-326 and survivorship, referred to testator's to corporations when good, ii. 285- not void for misnomer, ii. 292. for payment of debts, iv. 422, n. (d). Devisee, not bound to accept, iv. 533, 534. defined, iv. 264. history of, iv. 264-267. 268-271. of limitations to, and when too re- when future estate construed as, iv. of dying without issue, in respect to effect of release of an expectant es- of dying without issue as to chattels, limitations of personal property, how far supported, iv. 282 and n. (a), when it creates estate tail, iv. 279 and effect of, which does not pass the of real and personal property, as to when rents and profits pass by, iv. as distinguished from uses, iv. 295, Dilapidation, iv. 82 and n. (d), 110 and notes. Diligence, defined, ii. 561, 562. have no authority to suspend corpo- Discontinuance of easements, iii. 448. right of, i. 178, note, iii. 378 et seq. Disfranchisement, defined, ii. 298. how produced by tortious feoffment, Dissolution of corporations, ii. 305. (See Rents.) various kinds and their qualities, iv. Distribution, of personal estate, ii. 420-486 when to be made, ii. 420. next of kin, how determined, ii. 422. as affected by domicil, ii 428-430. |