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MASTER AND SERVANT.

Appellate jurisdiction of supreme court in ac-
tion for death caused by violation of regula-
tions of interstate carrier as to appliances,
see "Courts," § 14.

Applicability of instructions to evidence in ac-
tion for default of mine employé, see "Trial,"
$ 1.
Denial of privileges and immunities of citizens
by laws relating to liabilities for injuries to
servants of interstate carriers, see "Constitu-
tional Law," § 5.

Harmless error in action for injuries to servant,
see "Appeal and Error," § 6.

Intent as element of crime in violation of eight-
hour law, see "Criminal Law," § 1.
Laws relating to liabilities of railroad compa-
nies for injuries to servants as denial of due
process of law, see "Constitutional Law,"
§ 7.

- Laws relating to liabilities of railroads for in-
juries to employés as interfering with inter-
state commerce, see "Commerce," § 3.
Priority of claim against bankrupt estate for
wages, see "Bankruptcy," § 5.

Railway postal clerks, see "Post Office," § 1.
Removal to federal court of action for injuries.

United States, 600; Eastern Dredging Co. v.
Same, Id.; Bay State Dredging Co. v. Same,
Id.

Dredging channel in Boston harbor held not
a public work of the United States within the
meaning of the Eight-Hour Act Aug. 1, 1892,
c. 352, 27 Stat. 340 [U. S. Comp. St. 1901, p.
2521].-Ellis v. United States, 600; Eastern
Dredging Co. v. Same, Id.; Bay State Dredging
Co. v. Same, Id.

Delay in obtaining timber for construction of
pier at Boston navy yard held not an extraor
dinary emergency within exceptions in Eight-
Hour Act Aug. 1, 1892, c. 352, 27 Stat. 340
[U. S. Comp. St. 1901, p. 2521].-Ellis v. Unit-
ed States, 600; Eastern Dredging Co. v. Same,
Id.; Bay State Dredging Co. v. Same, Id.

in dredging harbor channel held not laborers
Employés on tugs, dredges, and scows used
within meaning of Eight-Hour Act Aug. 1,
1892, c. 352, 27 Stat. 340 [U. S. Comp. St.
1901, p. 2521].-Ellis v. United States, 600;
Eastern Dredging Co. v. Same, Id.; Bay State
Dredging Co. v. Same, Id.

§ 2. Master's liability for injuries to
servant.

*Evidence, in action for injuries to a servant,
held to make it a question for the jury whether
or not he was injured by the negligence of a
fellow servant.-Gila Valley, G. & N. Ry. Co.
v. Lyon, 145.

1893, c. 196, § 2, 27 Stat. 531 [U. S. Comp.
A shovel car is a "car" within Act March 2,
St. 1901, p. 31741, requiring car used in inter-
state traffic to be equipped with automatic coup-
ler.-Schlemmer v. Buffalo, R. & P. Ry. Co.,

407.

*That a railroad employé while coupling a
car not equipped with an automatic coupler, as
required by Act March 2, 1893, c. 196, 2, 27
Stat. 531 [U. S. Comp. St. 1901, p. 3174], might
miscalculate the height to which he might raise
his head, held the risk which, under section 8 of
that statute, he does not assume.-Schlemmer
v. Buffalo, R. & P. Ry. Co., 407.

itself within the exception in favor of four-
*The burden of proof is on a carrier to bring
wheeled cars, made by proviso in section 2 of
Act March 2, 1893, c. 196. 27 Stat. 531 [U.
the automatic coupler act of March 2, 1893,
S. Comp. St. 1901, p. 3174].-Schlemmer v.
Buffalo, R. & P. Ry. Co., 407.

MECHANICS' LIENS.

Attempt to enforce as election of remedy, see
"Election of Remedies."

MERGER.

Of cause' of action in judgment, see "Judg
ment," § 5.

MEXICAN GRANTS.

to servant, see "Removal of Causes," §§ 2, 3. See "Public Lands," § 2.
§ 1. The relation.

Prohibition against requiring laborers on any
public works of the United States or District of
Columbia to work more than eight hours a
day, in Act Aug. 1, 1892, c. 352, 27 Stat. 340
[U. S. Comp. St. 1901, p. 2521], held not re-
pugnant to the federal Constitution.-Ellis v.
*Point annotated.

MINES AND MINERALS.

Appellate jurisdiction of supreme court in ac-
tion involving validity of laws relating to em-
ployés in mines, see "Courts," § 14.
See syllabus.

Applicability of instructions to evidence in ac-
tion for default of mine employé, see "Trial,"
§ 1.
Laws relating to liabilities of mine owners as
denying equal protection of law, see "Consti-
tutional Law," § 6.

Laws relating to liabilities of mine owners for
negligence as denying due process of law, see
"Constitutional Law," & 7.

Limitation of five years prescribed by Rev.
St. U. S. § 1047 [U. S. Comp. St. 1901, p. 727j,
does not apply to action for threefold damages
for injury to business or property, authorized
by Anti-Trust Act July 2, 1890, c. 647, 26 Stat.
209 [U. S. Comp. St. 1901, p. 3202] § 7.--
Chattanooga Foundry & Pipe Works v. City of
Atlanta, 65.

Ten-year limitation prescribed by Code Tenn.
Mining laws invading privileges and immunities
§ 2776, rather than the one-year limitation
of citizens, see "Constitutional Law," § 5.
Proximate cause of explosion in mine, see "Neg-prescribed by section 2772, or three-year lim-
itation prescribed by section 2773, governs an
ligence," § 1.
action for damages for injury to business or
property brought under Anti-Trust Act July 2,
1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901,
P. 3202] § 7.-Chattanooga Foundry & Pipe
Works v. City of Atlanta, 65.

Sale of mining property by broker, see "Brok-
ers," § 1.

State laws as rules of decisions in federal courts
as to construction of conveyance of mining
property, see "Courts," § 8.

1. Public mineral lands.

*The requirement of parallelism of end lines
of lode mining locations made by Act May 10,
1872, c. 152, § 2, 17 Stat. 91, Rev. St. U. S.
2320 [U. S. Comp. St. 1901, pp. 1424, 1425],
held not to apply where the location had been
made at the time of the passage of that act
and the proceeding under Act July 26, 1866,
c. 262, 14 Stat. 251, had so far advanced as
to exclude adverse claims.-East Cent. Eureka
Min. Co. v. Central Eureka Min. Co., 258.

Rights in mining propery entitled to protec-
tion under Act May 10, 1872, c. 152, § 2, 17
Stat. 91, Rev. St. U. S. § 2320 [U. S. Comp. St.
1901, pp. 1424, 1425], held to exist where a lode
mining location had been made at the time of
the passage of such act and the proceeding
under act July 26, 1866, c. 262, 14 Stat. 251,
had so far advanced as to exclude adverse
claims.-East Cent. Eureka Min. Co. v. Central
Eureka Min. Co., 258.

An election by the grantee of a patent for
lode mining claim to abandon rights acquired
under Act July 26, 1866, c. 262, 14 Stat. 251,
held not shown because patent, in addition to
granting such rights, purports to grant all
that would have been acquired by location
under Act May 10, 1872, c. 152, § 2, 17 Stat.
91, Rev. St. U. S. § 2320 [U. S. Comp. St. 1901,
pp. 1424, 1425].-East Cent. Eureka Min. Co.
v. Central Eureka Min. Co., 258.

§ 2. Title, conveyances, and contracts.
An adjustment of subsurface rights held ac-
complished by an agreement to compromise ad-
verse proceedings, followed by execution of a
bond by the locator of one of two conflicting
claims.-Montana Min. Co. v. St. Louis Min.
& Mill. Co., 254.

MISSIONS.

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See "Counties."

Action by city for damages caused by con-
spiracy to monopolize trade, see "Monopolies,"
§ 1.
Appellate jurisdiction of supreme court on ques-
tion of validity of paving assessment, see
"Courts," § 14.
Conclusiveness of decree restraining city from
constructing waterworks, see "Judgment," § 6.
Denial of due process of law to abutting owners
on streets, see "Constitutional Law," § 7.
Mandamus to compel levy of tax to pay munici-
pal warrants, see "Mandamus," § 2.
State laws as rules of decision in federal
courts on questions relating to rights of abut-
ting owners on streets, see "Courts," § 8.

Conditions in deed by board of missions, see Street railroads, see "Street Railroads."
"Deeds," § 2.

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§ 1. Contracts in general.

Contract with waterworks company fixing
maximum water rates to private consumers for
30 years, protected against impairment by con-
tract clause of federal Constitution, could be
made by city of Vicksburg, under Laws Miss.
1886, p. 695, c. 358, § 5.-City of Vicksburg
v. Vicksburg Waterworks Co., 762.

§ 2. Public improvements.

Action for threefold damages for injury to
business or property authorized by Anti-Trust
Act July 2, 1890, c. 647, 26 Stat. 209 [U. S.
Comp. St. 1901, p. 3202] § 7, may be main-
tained by a city in Georgia against foreign cor- The apportionment of costs of widening alley
porate members of combination, where the city in city of Washington must be limited to bene-
was led thereby to purchase from an Alabama fits under Act July 22, 1892, c. 230, 27 Stat.
corporation pipes needed for its waterworks.- 255, as amended by Act Aug. 24, 1894, c. 328,
Chattanooga Foundry & Pipe Works v. City 28 Stat. 501.-Martin v. District of Columbia,
of Atlanta, 65.
440; Brandenburg v. Same, Id.
*Point annotated. See syllabus.

NATIONAL BANKS.

See "Banks and Banking," § 1.
Former judgment as bar to action against di-
rectors of, see "Judgment," § 5.
Jurisdiction of federal court of action against
agent for shareholders of, see "Courts," § 4.

NATURALIZATION.

See "Aliens," § 1.

NAVIGABLE WATERS.

See "Canals"; "Waters and Water Courses."
As state boundary, see "States," § 1.
Construction of bridge over navigable stream in
exercise of power of eminent domain, see
"Eminent Domain," §§ 1, 2.

Delegation of power under river and harbor act,
see "Constitutional Law," § 2.

NAVY.

See "Army and Navy."

NEGLIGENCE.

By particular classes of persons.
See "Carriers," § 2; "Pilots."
Employers, see "Master and Servant," § 2.

Condition or use of particular species of prop-
erty, works, machinery, or other instru-
mentalities.

See "Street Railroads," § 2.
Vessel, see "Shipping," § 1.

Contributory negligence.

Of servant, see "Master and Servant," § 2.
1. Proximate cause of injury.
*Mineowner held not absolved from his neg-
lect to prevent accumulation of gases leading
to an explosion, because there was another
cause contributing to the injury.-Wilmington
Star Min. Co. v. Fulton, 412.

NEW TRIAL.

Opening or vacating judgment, see "Judgment,"
2.

NORMAL SCHOOLS.

Validity in general of laws relating to, see "Con-
stitutional Law," § 1.

NOTICE.

See "Lis Pendens."

To principal or agent, see "Principal and
Agent," 2.

OBJECTIONS.

For purpose of review in supreme court, see
"Courts," 15.

OBLIGATION OF CONTRACT.
Appellate jurisdiction of supreme court in ac-
tion involving issue of impairing, see "Courts,"
$ 14.

Decisions of courts impairing, see "Courts," § 2.
Impairing obligation of as ground of jurisdic-
tion of federal court, see "Courts," § 4.
Laws impairing, see "Constitutional Law," § 4.
OFFICERS.

Denial of due process of law in punishment of
officers for embezzlement, see "Constitutional
Law," $$ 7-10.

Mandamus, see "Mandamus," § 1.

Under laws relating to presentment of land.
claims, see "Public Lands," § 2.

Particular classes of officers.

See "Clerks of Courts"; "Receivers"; "United.
States Commissioners."
United States officers, see "United States," § 1-

OPENING.

Judgment, see "Judgment," § 2.

OPINION EVIDENCE.

In civil actions, see "Evidence," § 3.

OPINIONS.

Of courts, see "Courts," § 1.

ORDERS.

Review of appealable orders, see "Appeal and
Error."

ORDINANCES.

Relating to street railroads, see "Street Rail-
roads," § 1.

PANAMA CANAL.

See "Canals," § 1.
Zone of, see "Territories."

PARENT AND CHILD.

Effect of naturalization of parent on rights of
alien child, see "Aliens," § 1.

Review by supreme court of questions relating.
to custody of child, see "Courts," § 12.

PAROL EVIDENCE.

In civil actions, see "Evidence," § 2.

PARTIES.

Character ground of jurisdiction, see "Courts,"
$5.

Dismissal of appeal in Supreme Court for defect
of parties, see "Courts," § 14.
In equity, see "Equity," § 1.

PARTNERSHIP.

Bankruptcy of, see "Bankruptcy," § 2.
Pilot association, see "Pilots."
*Point annotated. See syllabus.

PATENTS.

For public lands, see "Mines and Minerals," § 1. Restraining infringement suits, see "Injunction," § 1.

1. Persons entitled to patents. Appeal from primary examiner, on a motion to dissolve interference, that party had the right to make interfering claims, may be prohibited by rules of patent office without infringing the right of appeal in interference given by Rev. St. U. S. §§ 482, 483, 4904, 4909 [U. S. Comp. St. 1901, pp. 272, 3389, 3390].-United States v. Allen, 141.

§ 2. Regulation of dealings in patent rights and patented articles. Regulation of sale of patent rights by Laws Kan. 1889, c. 182, is not a violation of Const. U. S. art. 1, § 8, granting to congress the right to secure to inventors the exclusive right to their discovery, nor Rev. St. U. S. § 4898 [U. S. Comp. St. 1901, p. 3387], authorizing assignments of patents.-Allen v. Riley, 95.

The requirement that a negotiable instrument taken on a sale of a patent right shall show on its face for what it was given or be void, under Kirby's Dig. Ark. § 513, held not to violate Const. U. S. art. 1, § 8, nor Rev. St. U. S. & 4898 [U. S. Comp. St. 1901, p. 3387].-John Woods & Sons v. Carl, 99.

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PENALTIES.

Parol or extrinsic evidence of penalties under contracts, see "Evidence," § 2. Under contracts, see "Damages," § 1.

PENDENCY OF ACTION.

Effect as to property involved, see "Lis Pendens."

PERCOLATING WATERS.

See "Waters and Water Courses," § 1.

PERPETUITIES.

Parties to suit in equity to determine question of violation of rule against, see "Equity," § 1. Trusts for perpetual maintenance of cemetery lots and monuments, authorized by Code D. C. § 669, held not forbidden by section 1023 of such Code.-Iglehart v. Iglehart, 329.

Testamentary trusts in favor of cemetery of Brooklyn, permitted by laws of New York, for perpetual maintenance of lot and monument, will be upheld in the District of Columbia where testatrix was domiciled at her death, since under Code D. C. § 669, grants on similar trusts are permitted to domestic corporations.Iglehart v. Iglehart, 329.

PERSONAL INJURIES.

See "Negligence."

Harmless error in action for, see "Appeal and Error," § 6.

Laws relating to injuries to mail clerks as denying equal protection of law, see "Constitutional Law," § 6.

To employé, see "Master and Servant," § 2.

PHILIPPINE ISLANDS.

Delegation of legislative power relative to, see "Constitutional Law," § 2.

PHYSICIANS AND SURGEONS.

In navy, see "Army and Navy."

PILOTS.

*Members of voluntary unincorporated pilot association held not liable to owners of piloted vessels for negligence of each other.-Guy v. 310 Donald, 63.

106,869. Computing scale, cited. 378,382. Spring scales, cited.. 421,805. Computing scale, cited. 492,913. Electric lamp lighter, cited.

311

310

611

545,616. Price scales, cited...

545,619. Computing scales, cited.

310

651,801. Price scales, cited.. 700,919. Spring-balance computing

311

scale,

PLEA.

311 In civil actions, see "Pleading," § 1.

held limited and not infringed.. 307

PAVING.

Duties of street railroad as to paving streets, see "Street Railroads," § 2.

PLEADING.

Allegations of diverse citizenship as ground of
jurisdiction of United States court, see
"Courts," & 5.

Harmless error in rulings on, see "Appeal and
Error," § 6.

In equity, see "Equity," § 2. *Point annotated. See syllabus.

27 S.C.-53

1. Plea or answer, cross complaint, and affidavit of defense. Plea, in an action on a bond given to secure sales of merchandise on credit, held insufficient to constitute a valid set-off.-McGuire v. Gerstley, 332; Clark v. Same, 337.

Particulars of damages from breach by obligees in a bond securing sales on credit, pleaded as a set-off, should show that the damages are not obscure, but such as would naturally result.-McGuire v. Gerstley, 332; Clark v. Same, 337.

Pleas in an action on a bond given to secure sales on credit held insufficient.-McGuire v. Gerstley, 332; Clark v. Same, 337.

PRACTICE.

Adoption by United States courts of practice of
In land office, see "Public Lands," § 1.
state courts, see "Courts," § 7.

In particular civil actions or proceedings.
See "Contempt," § 2; "Mandamus," § 2.
Condemnation proceedings, see "Eminent Do-
main," § 2.

Particular proceedings in actions.

See "Appearance"; "Evidence"; "Judgment"
"Judicial Sales"; "Limitation of Actions"
"Pleading"; "Removal of Causes"; "Trial.'
Particular remedies in or incident to actions.

§ 2. Defects and objections, waiver,
and aider by verdict or judgment. See "Injunction"; "Receivers."
Question whether election by a trustee in
bankruptcy to avoid a preference should be
exercised by a demand before suit, or can be
exercised by the suit itself, held not open to
defendant, where it did not stand on its de-
murrer, but answered.-Eau Claire Nat. Bank
v. Jackman, 391.

PLEDGES.

Effect of proceedings in bankruptcy, see "Bank-
ruptcy," §§ 3-5.

Of bank stock, see "Banks and Banking," § 1.
Of warehouse receipts, see "Warehousemen."

POLICE POWER.

See "Constitutional Law," § 3.

POLICY.

Of insurance, see "Insurance."

PORTO RICO.

Laws relating to community property in terri-
tory of, see "Husband and Wife," § 1.
Lis pendens under Porto Rico mortgage law, see
"Lis Pendens."

Removal of causes from courts of, see "Remov-
al of Causes," § 1.

Review by Supreme Court on appeal from courts of, see "Courts," § 12.

POSSESSION.

See "Adverse Possession."

POST OFFICE.

Laws relating to liabilities for injuries to mail clerks as denying equal protection of law, see "Constitutional Law," § 6.

1. Post-office department, post offices, postmasters, and other officers. Power of Congress to establish post offices and post roads held not infringed by Act Pa. April 4, 1868, under which a railway postal clerk can have no greater rights against railway company for injuries than an employé.-Martin v. Pittsburg & L. E. R. Co., 100.

POWERS.

Of attorney, see "Principal and Agent." Power of attorney distinguished from deed, see "Deeds," § 1.

Procedure in criminal prosecutions.
See "Criminal Law"; "Extradition."
Procedure in exercise of special or limited juris-
diction.
In admiralty, see "Admiralty."

In bankruptcy, see "Bankruptcy," § 1.
In equity, see "Equity."

Procedure in or by particular courts or tribunals.
See "Courts."

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*Point annotated. See syllabus.

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