PROTEST, seal, absence of, 223.

time when must be made, 220.

unnecessary, when, 218.

waiver of, 218

whether protest for non-acceptance and non-payment are both necessary,

223.

PROVISIONS, warranty implied on sale of, 680.

RESCISSION, must be in toto, 654.

of sale, for fraud therein, 654.

promptness required, 655.

SALE of chattels, warranty of soundness, when implied, 680.

of provisions, warranty of soundness, when implied, 680.
vendor rescinding for fraud, 654.

SERVANT, damages recoverable by for wrongful discharge, 209–212.
wrongfully discharged, burden of proving that he could obtain other en
ployment, 213.

wrongfully discharged, duty of, to use diligence in seeking other employ-
ment, 211.

wrongfully discharged, not required to seek employment of different na-
ture, 212.

wrongfully discharged, remedies of, 205.

wrongfully discharged, when may sue, 213.
SET-OFF, against bond and mortgage, 159.
against suit by receiver, 159.

in equity, 159.

SHERIFF, return of, when evidence against, 531.

return of, when evidence in his favor, 531, 535.

SHERIFF'S SALE, caveat emptor is the rule of, 144.

duty of sheriff to inform bidders respecting title, 143.
of property subject to chattel mortgage, 143.

SLANDER, of person in his office or business, 670.

SPECIFIC PERFORMANCE of contract, to deliver a chattel, 624.

STATUTE OF FRAUDS, promise to answer for debt of another, 739.

SUNDAY, person traveling on, when can not recover for injuries from defacta

in highway, 442.

traveling on, when deemed necessary, 442.

SURETY, judgment against principal, when evidence against, 440.

release, by acts of creditor, 409.

right to indemnity, taken from principal by co-surety, 563-566

TRUST, of personalty, creating by parol, 624.

VENDOR'S LIEN, notice of, when sufficient, 153.

not waived by renewing note, 153.

sub-vendee liable to, when, 152.

WARRANTOR, bringing in, to defend at common law, 669.

judgment against grantee, effect of, 570.

notice to defend, at what time and how should be given, 589, 672.

notice to defend, necessity of, 572.

notice to defend, sufficiency of, 572.

WARRANTOR, of personal property, 571.
voucher by, of his warrantor, 570.

who never had possession nor title, 571.

WARRANTY, arising from affirmation of quality of goods sold, 372

in sales by sample, 680.

in sales of provisions, 680.

in sales when buyer has no chance to examine property, 680.

of soundness not implied, 680.

acquisition of property in, by appropriation, 269.

WATER, appropriation of, rights by, acquired in the Pacific states, 279.
appropriation of, rights by, denied in England, 271, 272.

appropriation of, rights by, denied in United States, 272.
appropriation of, rights by, recognized in Massachusetts, 276.

diversion, right to complain of, 274.

flowing in stream is publici juris, 270.

mill acts in Maine and Massachusetts, 276, 278.

non-user does not impair owner's rights, 274.

Pacific states, abandonment of rights in, 282.

Pacific states appropriation, acquisition of rights by, 280–282.

Pacific states, laws of, respecting, 279.

Pacific states, rights by appropriation can not be acquired against pri-

vate owner, 280.

ponding back on lands above, 275.

property in, by appropriation, 270.

riparian owner, rights of, as between one another, 275.

riparian owner, rights of, as against one owning land further down
stream, 274.

riparian owner, rights of, prevail over appropriator, 271, 272.

Roman law concerning, 270.

WILL, attesting and publishing, 416, 646.

devise to heirs of living person, 663.

execution of, what sufficient, 646.

signing by person other than testator, 646.

validity of, by what law governed, 519, 520.

witnessing, what sufficient, 416, 646.

WRIT, de ventre inspiciendo, 476.

INDEX.

ABANDONMENT.

Bee ATTACHMENTS, 3; Co-TENANCY, 3; EASEMENTS, 1, 3–5

ABATEMENT.

See ARBITRATION AND AWARD, 3; PARTNERSHIP, 8.

ABORTION.

See CRIMINAL LAW, 24.

ACCEPTANCE.

Bee AGENCY, 4, 5; NEGOTIABLE Instruments, 12; STATUTE OF FRAUDS, A

ACKNOWLEDGMENTS.

See DEEDS, 5, 6; EXECUTIONS, 22.

ACTIONS.

LAW GIVES A REMEDY BY ACTION WHEREVER IT GIVES A RIGHT or pro-
hibits an injury. Where no specific remedy is given for an injury, a
Stout v. Keyes, 465.
remedy may be had by a special action on the case.
Bee ARBITRATION AND AWARD, 1; BANKRUPTCY AND INSOLVENCY, 8; BONDS,
3; COVENANTS; JUDICIAL SALES, 1; MORTGAGES, 12; OFFICES AND Orr-
CERS, 3, 4; PLEADING AND PRACTICE, 1, 2; SLANDER, 3.

ADMINISTRATORS.

See EXECUTORS AND ADMINISTRATORS.

ADMINISTRATORS DE BONIS NON.
See EXECUTORS AND ADMINISTRATORS, 3-6.

ADVANCEMENT.

See PARENT AND CHILD, 3, 4.

ADVERSE POSSESSION.

WHAT IS ADVERSE POSSESSION IS FOR THE COURT TO DECLARE, but the
facts which constitute it are to be found by the jury. Macklot v. Du
breuil, 550.

See Co-TENANCY, 4; STATUTE OF LIMITATIONS, 4, 5.

AFFIDAVITS.

See JUSTICES OF THE PEACE, 1-4.

AGENCY.

1. RULE THAT SUBSEQUENT CONFIRMATION IS EQUIVALENT TO PREVIOUS COM-
MAND applies as well to corporations as to individuals. Planters' Bank
v. Sharp, 470.

2. AGENT APPOINTED BY A WRITING WHICH LIMITS AND DEFINES HIS Av.
THORITY is subject to its terms; and acts done by him not within the
scope of the authority can not bind his principal. Snow v. Warner, 417.
& UNSIGNED MEMORANDUM INTENDED TO ASSIST THE MEMORY OF THE AGENT
as to articles to be purchased, is not an authority defining or limiting
the agent's powers, and evidence is admissible to show parol directions
to agent. Id.

4. AGENT ACCEPTING BILL IN OWN NAME DOES NOT BIND PRINCIPAL, but
binds himself only. Bank of Rochester v. Monteath, 681.

6. FIRM IS BOUND BY ACCEPTANCE IN AGENT'S NAME, WHICH IT HAS
ADOPTED AS FIRM NAME by an agreement of the partners to do business
under the name of such agent, where it does not appear that the agent
was doing business also on his own account; but if that fact appears, it
must be shown that he accepted the bill on account of the partnership in
order to bind it. Id.

4. AUTHORITY TO MAKE A PROMISSORY NOTE AND BIND HIS PRINCIPALS, for
labor and material, is not given, by implication from the nature of the
business, to an agent employed in the manufacture of carriages. Paige
v. Stone, 420.

7. AUTHORITY OF AGENT TO BIND PRINCIPALS BY PROMISSORY NOTE, is not
proved by evidence that the agent had previously made a note, to which
one principal assented, and also another note, for a small amount, which
was compromised after suit brought, without showing whether or not their
previous assent thereto had been obtained. Id.
▲ PERSON TAKING NOTE OF AGENT IN PAYMENT FOR WORK PERFORMED,
with knowledge of the principal's liability therefor, thereby discharges
such liability, and he can not afterward rescind the contract and bind
the principal, without his knowledge and assent. Id.

9. PRINCIPAL, TO BE PUNISHED CRIMINALLY FOR THE ACTS OF HIS AGENT OB
SERVANT, must have directly participated in the act, or have given such
an assent or concurrence thereto, as would involve him morally in the
guilt of the act. Commonwealth v. Nichols, 432.

10. PRINCIPAL IS LIABLE CRIMINALLY FOR AN UNLAWFUL Sale of SPIRIT
uous Liquor, made, with his consent, by his agent. Id.

11. EVIDENCE-RES GESTA.-In an action against a principal for goods pur-
chased by an agent and forwarded to another agent, a memorandum book
kept by the principal with the latter agent containing a list of goods to be
received for the principal, is not a part of the res gestæ nor admissible to
show the agent's authority to purchase; nor are letters passing between
the principal and latter agent, after the purchase and respecting it, ad-
missible as part of the res gesta. Snow v. Warner, 417.

See BANKS AND BANKING, 1; WITNESSES, 2.

AGENCY.

Bee FACTORS; INSURANCE-FIRE, 5, 6; LANDLORD AND TENANT, 3; PARTNER-
SHIP, 9.

ALIMONY.

See MARRIAGE AND DIVORCE, 2, 3.

ALLUVION.

See WATERCOURSES, 5.

AMENDMENTS.

See EXECUTIONS, 9, 25-27; PLEADING AND PRACTICE, 15, 16.

APPEALS.

See PLEADING AND PRACTICE, 35, 37, 38, 40.

ARBITRATION AND AWARD.

1. ARBITRATOR CAN RECOVER REASONABLE COMPENSATION for his services
without an express promise. Hinman v. Hapgood, 663.

2. EACH ARBITRATOR MAY SUE ALONE FOR HIS COMPENSATION, and it seems
that he must do so. Id.

& NON-JOINDER OF OTHER PARTIES TO SUBMISSION IN ACTION BY ARBITRA
TOR against one of the parties for his compensation can be taken advan
tage of only by plea in abatement. Id.

4. SUIT IS DISCONTINUED BY AN AGREEMENT to refer the matters in contro-
versy to an arbitrator. Thereafter, the only remedy of either party is
upon the award, or if no award is made, upon the agreement to refer.
Bank of Monroe v. Widner, 768.

5. AGREEMENT TO REFER Pending SUIT TO AN ARBITRATOR, and that judg
ment shall be entered in the cause in accordance with his decision, is
valid; and a judgment entered therein binds the parties as a judgment
by consent. Id.

8. REVOCATION OF SUBMISSION TO ARBITRATION can not be made under the
revised statutes of New York, after the cause had been finally submitted
to the arbitrator. At the common law such revocation could be made
by either party at any time before the award was actually made and
ready to be delivered. Id.

ARREST.
See BONDS, 2.

ASSIGNMENTS.

See BANKRUPTCY AND INSOLVENCY, 7, 8; COVENANTS, 6; JUDGMENTS, 12;
NEGOTIABLE INSTRUMENTS, 2-6.

ASSUMPSIT.

Bee BANKRUPTCY AND INSOLVENCY, 6; EVIDENCE, 22; JURY AND JURORS.

ATTACHMENT.

1. SHERIFF ATTACHING PERSONALty must RetaIN POSSESSION himself, or by
his servant, or have the right of taking immediate possession, or the at-
tachment will be dissolved. Weston v. Dorr, 259.

& AFTER TAKING RECIEPT FOR ATTACHED GOODS OFFICER CAN NOT RETAKE
them, it seems, on the same writ, without the consent of the receiptor