Negligence, as to rail-roads, ii. 323. 404. | New-Jersey, soil in navigable waters of, Negotiable, whether bills of lading are, whom vested in, iii. 508. ii. 722, 723. New-York and New-Jersey, boundary be guaranties are, ii. 724. tween, iii. 523. notes, what is authority to agent revised statutes, do not act on to make, ii. 808. vested rights, iv. 606. (See Bills of Exchange.) Negotiorum gestio, ii. 790. 801. 803. Negroes, free, their disabilities in the United States, ii. 278, note. marriage with whites, when un- lawful, ii. 65. 280.
Negro slavery, (see Slavery.) Neutral nations, what are, i. 120. rights and duties of, i. 120. impartiality required from, i. 120.
troops may be furnished to allies, i. 121. may become carriers of enemies' property, i. 122. enlistments in, against friendly powers, i. 127. right of trade during war, i. 88. right of trade under rule of 1756, i. 89. 91. right of colonial trade, i. 91. right of captors in ports of, i. 116. 126. must not prepare hostile enter- prises in neutral ports, i. 127. duties as to foreign civil wars, i 24, 25. must fulfil prior treaties, i. 121. judges of the casus fœderis, i. 121. carriers of enemies' property, i.
goods in enemies' vessels, i. 122.
English declaration relative to, i.
territory inviolable, i. 122. prizes in their ports, i. 126. flag, i. 130.
freight for enemies' property, i. 130. restrictions on their trade, i. 138 -162.
as to blockades, i. 146-153. as to enemies' dispatches, i. 154. subject to search, i. 155. convoy, i. 158.
character by domicil, i. 82. 151. prisoners free in their ports, i. 116. transfer in transitu, 93. ship documents, i. 162.
misconduct of, i. 160, 161, 162. forfeit contraband, i. 144, 145. Neutrality, warranty of, in insurance, iii. 365.
New for old, allowance of, in insurance adjustments, iii. 410. 419.
Next of kin, (see Kindred.) Non compos mentis, ii. 39. 573. Non-user of an easement, iii. 558. Notary, effect of his certificate, iii. 117. protest of bills, iii. 117. 142. Notice to agents and attorneys, when notice to principal, ii. 819, note. constructive, ii. 819. iv. 179. of non-payment of bills, iii. 134. (See Bills of Exchange,)
of dissolution of partnership, iii.
80. of an unregistered deed, effect of, iv. 505. 508. by carriers, effect of, ii. 783. 790. 794.
of blockade, i. 149. of mortgagor, to quit, iv. 160. by mortgagee, to obtain posses- sion of rents, iv. 171.
registry, iv. 182. to joint partners of protest, iii.
to the legal representatives, iii. 134.
time in, when exclusive or inclu- sive, i. 166. iv. 97. to tenants at will, to quit, iv.
of prior unregistered mortgage, iv. 177. of subsequent conveyances to prior mortgagee, iv. 183. what is sufficient, iv. 189. purchaser of lands, charged with, of tenants, iv. 190. to purchaser of lands, iv. 199. Nottingham, Lord, i. 544.
Novel disseisin, abolished in N. Y. iii 511. Nuisances, power to restrain, ii. 405.
prescription as to, iii. 550.
whether rail-roads are, ii. 403,404. authors of, liable for their con- tinuance, ii. 405. impediments in fresh water rivers, iii. 504. in navigable waters, iii. 529. Nudum pactum, (see Consideration,) Nuncupative wills, iv. 581-583.
Officers of government, not liable to suit for performing their duty, i. 321. Offences against law of nations, i. 185. Oleron, laws of, iii. 11.
Olographic wills, by the civil law, iv. 584. Opening estates to let in after-born chil- dren, iv. 217. 231, note. Ordinance of 1787, effect upon the states, ii. 271, note (1.)
as to religious freedom, i. 645. as to civil liberty and private con- tracts, i. 612.
as to protection to the Indians, iii. 488.
as to navigable rivers, iii. 523. as to slavery, ii. 271.
as to conveyancers, iv. 500. of Louis XIV., iii. 14.
Orphans may be bound as apprentices,
ii. 291. Outstanding terms, iv. 88—96. Owner of goods, &c., who is deemed to be, ii. 816, 817. of vessels, when liable, iii. 179— 185. responsibility limited, ii. 789, 790. iii. 279.
hiring to others, iii. 262-267. Oyster-beds, in sea, qualified property in,
in New-Jersey waters, iii. 508.
Palgrave, Sir Francis, iji. 541. Par of exchange, iii. 156. Paraphernalia, what, ii. 150, note. Pardessus, iii. 173. Pardon, power to, when state governor has, i. 439.
power of, by President of United States, i. 302. Parents, duties of, ii. 181. rights of, as guardians, ii. 213-
215. bound to maintain children, ii. 181-186. laws of New-York relative to, ii. 183, 184. when liable to maintain wife's children, ii. 185. when bound for children's debts, ii. 186. not liable for wilful acts of, ii. 186, note (1.) right to custody of children, ii. 186, 187. 213. 225. may appoint guardian for chil- dren, ii. 187. 233. right to products of children's labour, ii. 187. may emancipate children, ii. 187, note (d.) may maintain action for injury to
children, ii. 188. 214, note. their duty to educate their chil- dren, ii. 189-210. duty to make provisions for chil- dren, ii. 210.
may direct religious and moral education of children, ii. 211. 213. have authority to govern children, ii. 211. right to maintain action for se.
duction of daughter, ii. 214. cannot commit child to house of refuge, ii. 215. liable to support bastard children, ii. 224, 225. authority of, to bind children as apprentices, ii. 291. may disinherit children, ii. 210. iv. 590.
right of, to change domicil of children, (see Domicil.) when they forfeit right to custody of their children, ii. 229. Parliament, power of, i. 493. Parol licenses as to land, iii. 565, 566. evidence, to show a deed, a mort- gage, iv. 146. evidence not admissible to vary written contract, ii, 731, 732. but admissible to show it fraudu- lent or illegal, ii. 731.
(1.) Definition of, iii. 20.
essential elements of the contract, iii. 21. 26. distinguished from tenancy in common or joint purchases, iii. 22, 23. an agent, receiving compensation in profits, not a partner, iii. 22. 32, 33. seamen in whaling voyages, not partners, iii. 33.
no one can become partner with- out assent of the others, iii. 65.
(2.) Liability of partners, iii. 21. 23,
24, 25. each partner liable for all the debts, iii. 31. quoad the world, liable by parti- cipation of profits, or holding themselves out as partners, iii.
23. 25, 26. 30, 31. cannot exonerate himself by as- signing his interest, iii. 31. for injury by servants, iii. 51. incoming partner not liable for previous debts, iii. 36.
fiduciary duties, iii. 57. do not assume previous debts, iii. 36.
(3.) Contract of, iii. 20. 26.
need not be in writing, iii. 26. must be in lawful trade, iii. 27. rule of division of profits and losses, iii. 27. general and particular, iii. 28. partners not entitled to compen- sation for services, iii. 37.
partners must not deal on separate account, iii. 37.
universal, by the civil law, ii. 29. (4.) Dormant partners, who are, iii. 29. liable equally with ostensible partners, iii. 30.
cannot make preference in assign- ments, iii. 35. special partner bound to see laws complied with, iii. 35. (6.) Interest in stock in trade, iii. 36. partners jointly interested, but no jus accrescendi, iii. 37.
in ships, iii. 41. may be partners in, by special agreement, iii. 42. interest of each partner, iii. 36, 37. interest is in surplus, after all claims are satisfied, iii. 37. land acquired by partnership funds, becomes in equity, part- nership stock, iii. 38.
rule in New-York and Massa- chusetts, iii. 39, 40. (7.) Powers of partners to bind the firm, iii. 42.
in ordinary business one partner binds firm, iii. 42-50.
general assignment by one, not valid, iii. 47, 48.
majority may bind minority, iii.
negotiable paper of one binds firm, iii. 43. not, if creditor has notice that it is private, iii. 44, 45. if wrongfully issued, good to
bona fide holder, iii. 46, 47. guaranty of one not binding, ex- cept in regular business, iii. 51. deed by one partner good by spe- cial authority, iii. 52. ratified by parol assent, iii. 53. of release of debt by one, good,
iii. 53. arbitration, submission to, by one partner, bad, iii. 54, admissions of debt by one, iii. 54.
after dissolution, not binding, iii. 55, 56. (8.) Dissolution of, iii. 58-70. by war, i. 77.
by voluntary act, iii 59. mode of affecting, iii. 59, 60. whether it may be dissolved before stipulated time, iii 60, 61.
by death of partner, iii. 61. provisions in articles or wills to continue trade, iii. 63.
by war, when partners belong re- spectively to belligerents, iii. 81. (9.) Consequences of dissolution, iii.
70. power of partner to bind firm ceases, iii, 69. either partner may collect debts, iii. 70. payment from partnership funds, iii. 71. surviving partner, power of, iii. 71. retiring partner, power of, iii. 70. retiring partner, how discharged, iii. 67, note. compromise of debt with one partner, by law of New-York, iii. 71. proceedings consequent on, iii. 72, 73. distribution of assets in equity, iii. 74. property bound to partnership debts, iii. 74. 79. continued by executors, iii. 32.63. effect of discharge of one partner
by insolvent act, iii. 66, 67. effect of discharge of one partner by consent of creditors, iii. 66, 67. 71, note. (10.) Notice of dissolution, iii. 79. necessary to protect partners, iii. 80.
what notice sufficient, iii. 80. special notice to dealers requisite, iii. 81. of retirement of dormant part- ners, iii. 82. of infant, when arrived at age, iii. 82. Party to foreclosure in equity, iv. 197. when a state is, i. 352. Party-walls, (see Easements and Incor- poreal Hereditaments,) iii. 538. digging adjoining, iii. 539. Passages, right of, over foreign territory, i. 37.
violation of, how punished, i. 186.
Pasture, common of, iii. 497. Patents, defined, ii. 438.
jurisdiction of, i. 444. ii. 444. laws of the United States rela- tive to, ii. 438-443.
proceedings to obtain, ii. 439— 442.
principle of machine, in respect to, defined, ii. 440. aliens entitled to, ii. 441, 442. what is patentable, ii. 440. 446.
requisites of a specification, ii. 447-450. French law relative to, ii. 452. remedy for violation of, ii. 451. for lands, their force, iii. 464. Pawn, ii. 753-762. iv. 141. 144. Payable on demand, notes, when trans- ferred, liable to equities, iii. 114, 115. Payment, condition precedent to right of possession, ii. 646.650.654,655. if not made, seller may retain, ii. 647, note. part, under statute of frauds, ii.
for specific articles, ii. 665. how applied, iv. 449, 450. receipt of negotiable paper, when, iii. 106, n. of forged notes, or notes of insol- vent banks, iii. 105, n. voluntary, for another, ii. 801, 802.
by mistake, ii. 642-644. of debts, order of, by executors, ii. 520-524.
(See Debts.) Peace, treaties of, í. 169.
binding force of, i. 169, 170. 176.
Pilot, power and duty of, iii. 228-231. owners, how far responsible for,
Pilotage, jurisdiction, iii. 230.
state laws relating to, i. 435. Piracy defined, i. 187, 188, 189.
punishment of, i. 188. 394. under law of nations, punishable by all, i. 188. legislation of United States in re- lation to, i. 188. 194. by citizens, cruising against their country, i. 107. 192. 194. capture by, no change of property, i. 114. 188. slave trade, when, i. 197. Piscary, right of, iii 502-510.
(See Incorporeal Hereditaments.) Pledge, (see Bailee, Bailor, Bailment.) as distinguished from a mortgage, ii. 753, note (1,) 767. iv. 141. |
(See Mortgage.) sale of, ii. 758.
by factor, ii 813-837.
redemption of, ii. 758, 759. iv.
future advances on, ii. 760, 761.
Pledgee, how far liable for pledge, ii. 754. Plowden, Reports, i. 534.
Poisoned arms, unlawful in war, i. 97. Policy of insurance must be in writing, iii. 324.
alterations in, effect of, iii. 325. words "whom it may concern," iii. 326. and "lost or not lost," meaning of, iii. 327. interests covered by general terms, iii. 328.
construction of, iii. 328-330. how made by brokers, iii. 330. may be assigned, iii. 331. open and valued, iii. 343. on time, iii. 386.
(See, further, Insurance) Polygamy, ii. 45.
Portions, raised on reversions, iv. 152. Ports, neutral, prizes may be carried to and condemned in, i. 126. 129. armaments of belligerents in, un.
lawful, i. 127, 128.
capture of belligerents from, un-
rights of foreign vessels in, i. 159, note. Port, home, what is, iii. 223. Possession, as foundation of title, (see Title.) under bill of lading, ii. 381. by bona fide purchaser, ii. 381. 392-395. not changed as evidence of fraud, (see Fraud.) required to maintain action for injury to real estate, iv. 122 124. of goods, by vendor, ii. 646. 676. 697.
on sale of vessels, iii. 176. 178. on execution at law, iv. 435, note. of lands by a third person, notice to a purchaser, iv. 191. Possessio fratris, iv. 408-412. Possessory suit in admiralty, 1. 405. Possibility on possibility, iv. 219.
not an estate, iv. 16, (see Sale.) assignable, iv. 271.
not foundation for dower, iv. 39. not proper subject of release, iv. 290, note, but see 297. Posthumous child, when deemed in esse, iv. 258.
children, (see Children.)
Postliminy, right of, i. 115.
inapplicable to movables, i. 115. property in neutral states not af fected, i. 116.
persons affected by, i. 116. operates on captures at sea, i. 117. on real property, i. 116.
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