LAW.

CONSTITUTIONAL LAW.-Continued.

PAGE.

vote to adopt Detention Home act complies with section 8
of article 9 of constitution for tax in excess of limit... 502
unless it is unconstitutional the court cannot so construe an
act as to nullify it......

503

position in county hospital is not a constitutional office—
office created by legislature is subject to its control..... 551
County Pension Fund act of 1915 does not violate prop-
erty rights-courts cannot declare law unconstitutional
because it is unreasonable.......

section 10 of Dram-shop act is not unconstitutional-pro-
visions of section 10 of the Dram-shop act are included
in title....

.....

551

595

the exemption of municipal property from taxation applies
only to municipal corporations in Illinois..

600

all property is subject to taxation unless exempted by sec-
tion 3 of article 9 of constitution.....

600

when bridge constructed under authority of an act of Con-
gress may be taxed by the State..

600

legislature has power to fix punishment for a crime-the
Parole law does not violate constitutional rights........ 614

CONSTRUCTION.—See CONSTITUTIONAL LAW.

of section 86 of Election law, as to when judge of election
is guilty of fraud.....

...

of the Parole act of 1917, as to whether defendants under
twenty years of age may be sentenced to the penitentiary
for rape

of section 18 of the Corporations act, as to when it does
not apply ...

II

of amendment of 1915 to section 37 of Levee act, as au-
thorizing an assessment for obligations already incurred. 68
of sections 60 and 61 of Levee act, as to when procedure
thereunder is unavailing..

165

presumptions are in favor of validity of statute.....
of Parole act of 1917, as to its effect where crime was com-
mitted before it took effect.....

167

178

of Parole act of 1917, as to what is mere surplusage and
not error in sentence..

179

of section 68 of Public Utilities act, as to what order by
commission is appealable....

184

of section 16 of the Motor Vehicle act, as to when it does
not apply ...

188

of statute for assessment of property, as not regarding ad-
ministrator as the "owner" of property omitted from as-
sessment in lifetime of his intestate.

191

CONSTRUCTION.-Continued.

of section 10 of the Eminent Domain act, as to whether
time fixed for paying compensation can be changed after
its expiration ...

PAGE.

... 201

of paragraph 5 of the Cemeteries act, as to whether pro-
ceedings for condemnation must come under Eminent
Domain act

.....

the words of a statute will be construed in ordinarily ac-
cepted meaning

201

334

word "child" in a statute, deed or will means legitimate
child unless a contrary intention is manifested...... 334
of Compensation act of 1915, as not protecting illegitimate
children of deceased employee.....

.. 334

rule in Shelley's case is applied as a rule of law and not
of construction

....

of deed, as to when rule in Shelley's case applies—as to
when word "heirs" is a word of limitation....

of will, as to when contingent remainder in fee is created
in heirs of life tenant....

340

340

... 341

of deeds, as to when they are not testamentary in character 400
of provision of a deed that it shall not take effect during
lifetime of grantor and his wife.....

400

of statutes of descent, as not changing character of estate
as fixed by common law...

of section 10 of Compensation act, as to meaning of words
"salary," "wages" and "earnings"

400

408

of provision of Practice act requiring affidavit of merits
by defendant to suit on contract for money duc......... 416
of Levee act, as not limiting tract to be annexed as unit
to drainage district to ten acres....
rules of construction are applied only to ascertain and give
effect to legislative intent.....

459

465

intent of legislature will prevail over literal meaning of
words-construction leading to absurd consequences will
be avoided.....

465

repeal of a statute by implication is not favored-statutes
in pari materia should be construed together.....
section 243 of Revenue act and section 21 of Fees and Sal-
aries act should be construed together......

466

466

of section 243 of Revenue act, as amended in 1917, as not
repealing section 21 of Fees and Salaries act....................... 466
of Compensation act, as to when an employer is a carrier.. 487
of County Detention Home act, as being complete in itself. 502
unless it is unconstitutional the court cannot so construe
an act as to nullify it.....

503

CONSTRUCTION.-Continued.

of term "in any suit or proceeding at law or in chancery,"
in section 8 of Appellate Court act......

PAGE.

513

will must be considered as a whole to determine the tes-
tator's intention ...

516

of will, as to when it will be given effect notwithstanding
misdescription.

516

of section 6 of Conveyances act, as applied to devise in
fee tail .....
meaning of word "heirs of the body" and "children". 545
of will, as to when devise over after devise to donee and
heirs of her body is indestructible.......
of section 9 of Compensation act of 1915, as to what is
meant by "probable future payments".
statutes must be construed to carry out intention of the
legislature-literal meaning of statute will be given ef-
fect if unambiguous..

...

544

....

545

561

of Parole law, as applying though minimum term is one
year or less.....

...

of section 10 of Dram-shop act, as to when allegations of
bill to enforce lien are sufficient......

562

577

... 595

....

168

CONTRACTS.-See SPECIFIC PERFORMANCE.
restriction upon freedom of contract imposed by the Com-
pensation act is authorized by police power....
principal is bound by authority he appears to give his agent 240
when court should not give peremptory instruction that de-
fendant is not bound by act of its agent.
what constitutes a written contract....

240

267

defendant's affidavit of merits in a suit on a contract for
money due must show nature of defense under his plea.. 416
administrator's petition to carry out deceased's contract to
convey is a statutory proceeding-appeal........
when rights of surviving partner are governed by his de-
ceased partner's will and not by contract.

CONVEYANCES.-See DEEDS.

... 513

effect of section 6 of the Conveyances act on a devise in
fee tail ....

CORPORATIONS.-See MUNICIPAL CORPORATIONS.
when section 18 of Corporations act does not apply—a firm
which is not corporate is a partnership......

589

544

59

a corporation cannot change its name except as authorized
by law....

59

ineffectual attempt to change name of corporation does not
render officers liable as partners..

59

CORPORATIONS.-Continued.

when assessment of capital stock and franchise of a bridge
company above tangible property is proper...

tax on capital stock is personal property tax-when objec-
tion to sale of real estate for capital stock tax is prop-
erly sustained ..............

when a corporation is bound by notice to its agent..

COUNTIES.

PAGE.

Detention Home act is complete in itself and a tax there-
under need not be levied under section 27 of act relating
to counties...

position in county hospital is not a constitutional office-
the County Pension Fund act of 1915 does not violate
property rights

COURTS.-See APPEALS AND ERRORS; PRACTICE.

CRIMINAL LAW.

95

96

480

502

551

when indictment sufficiently alleges existence of election
district-when judge of election is guilty of fraud under .
section 86 of Election law......

II

allegation as to qualification of candidates is immaterial in
indictment against election judge......

II

order appointing special State's attorney can be attacked
only in direct proceeding.....

12

ballots are admissible in evidence in prosecution of judge
of election-what remark by accused before commission
of alleged offense is admissible.......

when defendant cannot show that election was illegal—
when proof that ballots were legally cast is not essential.
when objection that an officer in charge of jury was not
sworn comes too late......

12

12

122

weight of conflicting evidence is for jury-evidence as to
why prosecutrix employed attorney is not admissible... 40
when on-lookers are accessories to crime of rape-hotel
clerk may testify prosecutrix made complaint to him... 40
under Parole act of 1917 defendants under twenty years
of age may be sentenced to penitentiary for rape....
40
what remark by assistant State's attorney is not prejudicial 40
when the refusal to give instructions is not ground for re-
versal-when refusal to delay hearing of motion for new
trial is not prejudicial error.....

4I

what is a sufficient showing as to organization of court-
when fact of misjoinder of counts cannot be taken ad-
vantage of...

52

632

CRIMINAL LAW.-Continued.

in absence of a motion the court is not obliged to require
State to elect....

PAGE.

52

64

when an information charging violation of the Medical
Practice act is sufficient...
when refusal of instructions is not ground for reversal... 64
instructions not supported by evidence need not be given-

ठ

what is not treatment by mental or spiritual means.... 65
what is sufficient to sustain charge of conspiracy to steal
automobiles . .

when error in permitting witness to testify as to his previ-
ous good conduct is not prejudicial....

the actions of one conspirator in furtherance of conspiracy
may be proved against the others....

74

74

74

when witnesses may testify to contents of letter written by
defendant-plaintiff in error should show why his of-
fered testimony was material.....

when improper conduct of assistant State's attorney is not
ground for reversal....

when verdict of a jury will not be disturbed—what testi-
mony as to condition of witnesses at preliminary hear-
ing is improper....

Search and Seizure act is not invalid as giving preference
to religious denominations. ...

provision of the Search and Seizure act for destruction of
property is invalid...........

what does not tend to disprove intent to rob-when ver-
dict need not include finding as to intent......
when error in modifying instruction does no harm to the
defendants-amendment of the record after term cannot
rest in recollection of judge.

154

154

verdict is a part of the record proper-bill of exceptions
presents only proceedings not a part of the record..... 154
general rule in case of a conflict between record and bill
of exceptions..

objection that one juror was not sworn comes too late on
writ of error....

154

... 155

when defendants are not entitled to have term of impris-

onment fixed by the jury.....

178

effect where crime was committed before the Parole act of
1917 took effect.....

178

what is mere surplusage and not error in sentence.
a deputy sheriff should not testify that defendant “admit-
ted" certain things...

179

283

defendant's statement that he had planned to commit an-
other crime is not admissible....

283