Cornell University Law Library. ^ J^B. GIFT OF y^ fSNELL UNWEHSnv LIBRARV 3 1924 052 869 801 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924052869801 BRIEF MAKING AND THE USE OF LAW BOOKS BRIEF MAKING AND THE USE OF LAW BOOKS BY WILLIAM M: |LILE, HENRY S. REDFIELD, EUGENE WAMBAUGH, ALFRED F. MASON, AND JAMES E. WHEELER EDITED BY NATHAN ABBOTT DEAN OF THE LELAND STANFORD JR. UNIVERSITY SCHOOL, OF LAW ST. PAUL, MINN. WEST PUBLISHING CO. 1906 Copyright, 1905, WEST PUBLISHING COMPANY. TABLE OF CONTENTS. INTRODUCTION. By William M. Llle. PART I. THE BRIEF ON APPEAL. By Henry S. Redfleld. I. Nature of a Brief. Page S 1. Definition 5 2. Purpose of a Brief 6 3. Necessity for a Brief 7 II. Contents op a Brief. 4. Title 8 5. Preliminary Statement 8 6. Statement of Case 9 7. Specification of Errors 10 8. Brief of Argument 17 III. Preparation of the Brief. 9. Preliminary Study of Case 23 10. Suggestions for the Preparation of a Brief 26 PART 11. HOW TO USE DECISIONS AND STATUTES. By Eugene Wambaugli. I. iNTROOrCTION. 11. The Kinds of Authority — Primary and Secondary — Im- perative and Persuasive 68 12. The Four Steps in the Use of All Kinds of Authorities 68 13. Preliminary Points as to Making Notes 70 14. The Distinction Between Statutes and Decisions 71 15. Summary 73 V VI TABLE OF CONTENTS. II. Decisions. (A) The Doctrine of a Decision. Page § 16. Decision and Opinion ''^ 17. The Parts of a Reported Case '^'* 18. The Function of a Court and the Weight of a Judicial Decision "^^ 19. The Opinion as Distinguished from the Decision 78 20. To What Extent Does the Opinion as Distinguished from the Decision have Imperative Authority 79 21. Hypothetical Cases 80 22. Dicta 82 23. Unnecessarily Broad Language 83 24. Two Grounds for Same Decision 84 25. Two Opposite Holdings at the Same Stage of the Case 85 26. Several Errors Claimed and None Found 86 27. Discordant Opinions Agreeing in Result 86 28. Opinion Ignoring Point 87 29. No Opinion 88 30. The Reporter's Syllabus 88 31. An Example of the Mode of Extracting the Doctrine of a Decision 90 (B) Circumstances Affecting tlie Weight of the Doctrine of a Decision. 32. The Necessity of Noticing the Circumstances 92 33. First Group: Circumstances Affecting Thoroughness of Consideration 93 34. Second Group: Defective Reports 94 35. Third Group: Later Authorities in Same Jurisdiction. . . 96 36. Fourth Group: Comments Based on the Jurisdiction of the Court 99 (G) Last Words as to the Use of Decisions. 37. Caution Against Hypercriticism 102 38. Cases Not Directly In Point Useful by Way of Analogy and Otherwise 103 39. Summary ^ jq4 III. Statutes. (A) The Gerieral Rules as to the Construction of Statutes. 40. Statutes Treated Differently from Decisions 104 41. The Parts of a Statute 105 42. The Places Where Statutes are Found 106 TABLE OF CONTENTS. 711 Page 43. "Construction" and "Interpretation" Treated as Synony- mous 107 44. Two Nontechnical Rules 107 45. Technical Rules of Construction 107 46. First Group: Rules of Construction Applicable to all Writings 108 47. ' Second Group: Rules of Construction Especially Ap- plicable to the Written Law 110 (jB) Circumstances Strengthening or Weakening Prelim- inary Conclusions as to the Real Effect of the Statute. 48. Necessity for Going Beyond the Rules of Construction. . 114 49. First Group: Jlode of Ascertaining Precise Terms of Statute 114 50. Second Group: Validity of Statute 115 51. Third Group: Subsequent Legislation 115 52. Fourth Group: Construction Already Made 115 (G) Last Words as to the Use of Statutes. 53. English Statutes 117 54. Constitutions and Ordinances 117 IV. Conclusion. ' 55. The Limits Placed upon This Discussion 118 56. The Need of Bearing in Mind the Purpose of Law 118 PART III. AMERICAN LAW PUBLICATIONS. By Alfred F. Mason. I. Introduction. 57. Depositories of the Law 119 II. Books op Pkimaet AuTnoKiTr. 58. Constitutions 122 59. Treaties 123 60. Legislative Enactments 124 61. Statutes or Session Laws 125 62. Compilations and Revised Statutes 125 63. Codes 126 64. United States Statutes 126 YIU lABLE OF CONTENTS. Page § 65. Ordinances, Government Orders and Regulations 128 66. Rules of Court J^8 67. Reports of Judicial Decisions ^'^^ 68. Federal Reports ^^^ 69. State Reports— Official Series 1^6 70. State Reports — Nonofficial ^^^ 71. Citations 1^ 72. List of Reports ^^ III. Books of Secondary AunioEiTY. 73. Text Books 161 74. Digests 165 PART IV. HOW TO FIND THE LAW. By James B. Wheeler. 75. Introductory 173 76. Theory of Classification 176 77. Main Heads pt the Law Categorically Arranged 183 78. Main Heads of the Law Alphabetically Arranged 190 79. Main Heads of the Law Defined 195 80. Statements of Facts with Practical Hints on the Proper Way to Look up the Law 320 APPENDIX. Abbreviations of Law Publications 337 t BRIEF MAKING AND THE USE OF LAW BOOKS. INTRODUCTION. By WILLIAM M. LILE, Dean, University of Virginia School of Law. The failure of the law schools to turn out graduates better prepared for the practical work of the office or court-room is an old and ever recurring theme of complaint from bench and bar. The recent graduate himself, wrestling with his earliest practical problems, is especially prone to lay his troubles at the door of the law school. Without stopping to inquire in what other directions the law school has come short of its duty to the student, law teachers generally must concede that while a knowledge of law books and their use — in short, brief-making, in its broader sense- is an essential professional acquirement, this field is yet, for the average law-school graduate, a vast waste of uncharted and unexplored territory. Following precedent, the teacher has been content to lay before the student, in the form of lectures, text-books or cases, or these combined, principles of the teacher's own choosing; but little or no necessity for sus- taining or combatting a particular proposition by written argu- ment is encountered by the student while in the law school. The result has been that the student enters upon the practice. Brief Mak.— 1 2 INTRODUCTION. possibly with an excellent command of legal principles, yet, as a practitioner, quite as helpless to "make war" for his client as an unarmed soldier to do battle for his country. The reason for this defect in legal instruction is not far to seek. The courses of instruction, in even the leading law schools, are comparatively brief, and the ground to be covered ■ is practically without limit. The teacher must pick and choose. At best, the law school can supply but a small part of the stu- dent's need. Such subjects as are dealt with in statutes, de- cisions, and text-books — subjects about which lawyers dis- pute, and for the elucidation of which there are authorities to be consulted — have naturally held the attention of the teacher, in preference to those subjects about which the books speak but sparingly, and which must be learned by observation and practice. Every teacher of law knows the little value of mere oral instruction, howsoever important the matter or expert the instructor, if the substance of the matter taught cannot be placed before the student in a form for subsequent review. Certainly, instruction in brief-making has not been neglect- ed because of its lack of importance. The lawyer at the bar who knows nothing of legal bibliography beyond his college text-books, or who, with the books in his hands, cannot make an exhaustive examination of the authorities on a given point — who cannot rapidly analyze an opinion and determine the precise points for which it is authority, with doctrine and dictum carefully discriminated — lacks much of necessary pro- fessional equipment. Indeed, even though an expert in all these, if he still lack the art of making his learning effective in the form of argument and a well constructed brief, his other accomplishments will not. save him from defeat at the hands of a less learned but more skilful adversary. If it be INTRODUCTION. 6 true that in the days of our grandfathers, when books were few and causes were argued largely on principle, the lawyer with one book was a dangerous adversary, it is no less true in modem days, when books are many and judges demand "cases in point" as well as principles, that it is the lawyer with many books and the skill to use them whose briefs win causes in the appellate courts, and furnish material for immortal opinions. The fair conclusion is, that instruction in brief-making and the use of books has been neglected in the law schools, not be- cause of the intrinsic or comparative unimportance of these branches, but because the necessary material has not been ac- cessible in convenient form. Up to this time, there has been no volume which the teacher might put into the hands of the student as a basis for instruction in this intensely practical de- partment of the profession. The purpose of the present volume is to supply this want, giving the student and young practitioner a working knowledge of the depositories of the law with practical suggestions as to the method of looking up authorities and properly presenting his case to the court. The hope of the authors and publishers is that the volume will awaken an interest in this very important branch of legal instruction, and that the law schools may be able more fully to respond to the demands of the bench and bar, in the direc- tion of the better practical equipment of their graduates. PART I. THE BRIEF ON APPEAL. By HENRY S. REDFIELD, Professor of Law, Golmnbia VnwerHty. I. Nature of a Brief. § 1. Definition. 2. Purpose of a Brief. 3. Necessity for a Brief. II. Contents of a Bbief. 4. Title. 5. Preliminary Statement 6. Statement of Case. 7. Specifications of Errors. 8. Brief of Argument. III. Preparation of the Brief. s 9. Preliminary Study of Case. 10. Suggestions for tlie Preparation of a Brief. I. NATURE OF A BRIEF. § 1. Definition. In American appellate practice a brief is a document, pre- pared by counsel as a basis for oral argument of a cause in an appellate court, containing a statement of the man- ner in which the questions in controversy upon the appeal arise; of the facts of the case so far as they relate to these questions; a specification on the part of the plaintiff in error or appellant of the errors alleged to have been com- mitted by the court below, upon which reversal is asked for; and a brief of the argument, consisting of the prop- ositions of law or fact to be maintained, the reasons upon which they are based, and citation of authorities in their support. In most jurisdictions it is required that the brief shall be printed. (5) 6 THE BRIEF ON APPEAL. (Part I A document bearing the same name, and of the same general character — excepting, of course, the specification of errors — is also used in American practice in courts of first instance, on arguments of contested motions, demurrers, and in other proceedings of a like nature. An instrument of this character is not in use in England. The procedure of the House of Lords and Judicial Com- mittee requires printed cases to be deposited, but these are no clear guide to the points upon which counsel will rely, are in narrative form, and do not cite authorities ; ^ and the document which is known as a brief in the English prac- tice is not one which is used upon appeal, but is prepared by the attorney for each party prior to the trial of the ac- tion, is delivered to the counsel for his instruction at the trial or hearing, and contains a short abstract of the plead- ings, a clear and concise statement of the case, and a prop- er arrangement of the proofs, with the names of the wit- § 2. Purpose of a Brief. As indicated by the foregoing definition, the primary purpose of a brief is to aid the appellate court in reaching a correct decision.' That court, having no prior knowledge of the case, should, by a properly constructed brief, be fully informed as to the points at issue between the parties, and the facts and law relating to those points. The brief should be so prepared as to minimize the labor of the court in the examination of the record upon which the appeal is heard and deter- mined; it should enable the court to clearly understand 1 English Law Reporting, by Sir Frederick Pollock, Reports of Amer. Bar Assoc. 1903, vol. 26, p. 370. 2 Tidd, Pr. (2d Am. Ed.) p. 773. 3 See Busenbark v. Park, 5 Kan. App. 17, 47 Pac. 324 ; Rehberg v. Greiser, 24 Mont. 489, at page 491, 63 Pac. 41 ; Mtaa. Insurance Co. V. Simmons, 49 Neb. 811, at page 815, 69 N. W. 125; Hebbard v. Haughian, 70 N. Y. 54, at page 60; Heath v. Smelting Co., 39 Wis. 146, at page 159 ; Benites v. Hampton, 123 U. S. 519, 8 Sup. Ct. 254, 31 L. Ed. 260; City of Lincoln v. Street Light Co., 59 Fed. 756, at page 758, 8 O. C. A. 253. § 3) NATURE OF A BRIEF. 7 the contention of counsel; and care and honesty should be exercised in the citation of authorities with the aim of rendering the greatest possible assistance to the court in its efforts to ascertain the rule or rules which should con- trol its decision. A subsidiary purpose of a brief is to give information to the opposing counsel. It indicates the limits of the oral argument, and should serve to make the same clear, logi- cal, and helpful to the court.* § 3. Necessity for a Brief. It is, perhaps, conceivable that exceptionally skillful and learned opposing counsel might, by their. oral arguments on appeal, put the court in sufficient possession of the in- formation, which it is the purpose of a brief to furnish, to enable the tribunal to act intelligently, if the action im- mediately followed the argument; but since the oral ar- gument is only one of the means employed to aid the court in arriving at a correct decision, is sometimes omitted — the case being submitted by counsel on the printed briefs — and is always followed by the deliberation and consulta- tion of the members of the appellate court before a decision is announced, it is evident that a brief is necessary for any intelligent understanding and disposition of the case; and a document in the nature of a brief, whether designated by that particular name or not, is almost universally re- quired in American practice either by statute or by rules of court. ^ The reason and necessity for the requirement apply equal- ly to the appellant, or plaintiff in error, upon whom the obligation rests of convincing the appellate tribunal that errors have been committed which call for a reversal of the order or judgment of the court below, and to the re- * See Busenbark v. Park, 5 Kan. App. 17, 47 Pac. 324 ; City of Lincoln v. Street Liglit Co., 59 Fed. 756, at page 758, 8 O. C. A. 253. B See 3 Cent. Dig. tit. "Appeal & Error," § 3090. In North Carolina, although the filing of briefs is still left optional with counsel, the court has declared that a brief is always desirable. Alexander v. Alexander, 120 N. C. 472, 27 S. E. 121. 8 THE BRIEF ON APPEAL. (Part 1 spondent, or defendant in error, upon whom devolves the duty of maintaining that the proceedings below were free from reversible errors; and the statutes or rules of court are generally equally obligatory upon both parties." Moreover, the requirement, being made for the benefit of the court, cannot be waived by the agreement of par- ties.' II. CONTENTS OF A BRIEF. § 4. Title. A brief should be properly entitled, the title containing the name of the court in which the brief is to be used, and the names of all the parties to the cause. § 5. Preliminary Statement. In some jurisdictions there is a requirement that there shall be prefixed to the brief of the appellant a concise state- ment, showing in what court or before what tribunal the action or proceeding was instituted, what relief was sought, the defense interposed, the result in the court or tribunal in which the action or proceeding was commenced, and how the cause was brought into the appellate court.* And even in jurisdictions where no such specific rule has been made, the brief of the appellant should properly contain a preliminary statement of this character, which, under the true construction of the requirement considered in the fol- lowing section, is really an essential part of the "statement of the case." 6 See, however, Chamberlain v. Lesley, 39 Fla. 452, 22 South. 736, where it is said: "Under our rules a party appellant is in many ways punished for his failure to brief his case, and the rules require an appellee to file briefs with us, though no penalty is provided for his failure to do so." T Disse V. Frank, 52 Mo. 551 ; Woodward v. Hodge, 24 Mo. App. 677 ; State v. Burns, 14 Mo. App. 581. 8 See rule 9, Appellate Division, Third Department, N. X. ; rule 10, Appellate Division, Fourth Department, N. X. § 6) CONTENTS OF A BRIEF. 9 § 6. Statement of Case. The brief of each party must contain a concise statement of the case, so far as essential to an understanding of the questions presented for determination, with the specific reference to the precise place in the record, or case on appeal, where the points discussed may be found," or, as stated in U. S. Sup. Ct. Rule 31, § 2, subd. 1, "a concise abstract, or statement of the case presenting succinctly the questions involved and the manner in which they are raised." 3 Sup. Ct. xii. This, of course, does not permit a reprint of the whole record as a brief, nor of any considerable portion thereof, but requires a counsel -to make a clear and concise state- ment of what he claims to be the substance of the record, or of so much thereof as is pertinent and material to the questions in controversy in the appellate court. ^^ The statement should contain the substance of the pleadings, when questions arise upon them, and also the leading facts established by the evidence, where questions of fact are to be determined. ^^ Failure to comply with this requirement is universally reprobated by the courts, but owing to lack of uniformity in the rules, to difference in attitude of different courts — some inclining to a strict, others to a lax, enforcement there- of — and to equitable considerations in particular cases, the penalty for noncompliance varies from a reprimand and warning,^ ^ or a disallowance of the expense of printing » Long V. Long, 96 Mo. 180, 8 S. W. 766 ; Beck v. O'Connor, 21 Mont. 109, 53 Pac. 94; Harrington v. Smith, 25 Mont. Ill, 63 Pac. 1036; Silliman v. Kuhn, 142 Pa. 461, 21 Atl. 974 ; Dunsmuir v. Power Co., 24 Wash. 104, 63 Pac. 1095; Heath v. Smelting Co., 39 Wis. 146; McLimans v. City of Lancaster, 63 Wis. 596, 23 N. W. 689 ; Lincoln V. Street Light Co., 59 Fed. 756, 8 O. C. A. 253, 19 U. S. App. 431 ; Elliott, App. Proc. § 440. 10 McLimans v. City of Lancaster, 63 Wis. 596, at page 610, 23 N. W. 689. 11 Heath v. Smelting Co., 39 Wis. 146, at page 159. 12 Beck V. O'Connor, 21 Mont. 109, 53 Pac. 94; Heath v. Smelting Co., 39 Wis. 146. 10 THE BRIEF ON APPEAL. (Part I needless and objectionable matter,^^ to an affirmance of the judgment from which the oiifending party has appealed/* or a dismissal of the case.^° § 7. Specifications of Errors. Whether the case is brought into the appellate court by- writ of error, in accordance with the common-law practice, or by appeal, in accordance with the equity practice, the record upon which the case is heard in the appellate court, and which is prepared by the plaintiff in error or appellant, must contain, either in the assignments of error, when the case is brought to the higher court by writ of error, or in the exceptions, when it is carried up by appeal, a full and precise specification of the errors of which the plaintiff in error or appellant complains, and on account of which he seeks a reversal of the judgment or decision of the lower court. In preparing the assignments of error, or the case and exceptions, all points are naturally specified upon which at the time it seems probable, or even possible, that a claim of error may be successfully urged. But upon the further study of the case, and the exam- ination of authorities, made necessary in preparing for the argument on appeal, it often appears wise to abandon some of these points, either because it is certain that they are not tenable, or because they are of such minor importance, and the probability of maintaining them is so slight, that the endeavor to maintain them is likely to prejudice the case, and to weaken the force of the argument upon the questions which are decisive. In order, therefore, that the court and opposing counsel may be informed of the points upon which the plaintiff in error or appellant actually intends to rely, it is required that these points, or alleged errors, should be clearly and 13 Mast V. Locbwood, 59 Wis. 48, 17 N. W. 543 ; McLimans v. Lan- caster, 63 Wis. 596, 23 N. W. 689. 14 Long V. Long, 96 Mo. 180, 8 S. W. 766 ; Harrington v. Smith, 25 Mont. Ill, 63 Pac. 1036. 15 Silliman v. Kuhn, 142 Pa. 461, 21 Atl. 974; Benites v. Hampton, 123 U. S. 519, 8 Sup. Ct. 254, 81 L. Ed. 260 § 7) CONTENTS OF A BRIEF. 11 particularly specified in the brief; and, as a rule, only those which are so specified will be considered.^" Supposed errors which are specified in the assignment 13 Subdivision 2 of section 2 of rule 21 of the Supreme Court of the United States (3 Sup. Ct xii) may be taken as fairly representative of the rules in force in other jurisdictions upon tliis point, and re- quires that the brief shall contain : "(2) A specification of the errors relied upon, which, in the cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeal the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error al- leged is to the admission or to the rejection of evidence, the specifica- tion shall quote the full substance of the evidence admitted or re- jected. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, wheth- er it be instructions given or instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it." Arizona : Daggs v. Field, 52 Pac. 773. California : Joyce v. White, 95 Cal. 286, 30 Pac. 524. District of Columbia: Bradshaw v. Stott, 4 App. Oas. (D. C.) 527. Florida: St. Johns & H. R. Ck). v. Shalley, 38 Pla. 397, 14 South. 890. Indiana : New Albany Gaslight & Coke Co. v. New Albany, 139 Ind. 660, 39 N. E. 462. Kansas : Busenbark v. Park, 5 Kan. App. 17, 47 Pac. 324, the opin- ion In which case is as follows : "We are again compelled to call attention to the rules of this court with reference to the form and subject-matter of briefs filed by plain- tiffs in error. In this case the brief consists of seventeen pages, in long primer type, all of which are styled, 'Statement of Case and As- signment of J5rror.' This certainly cannot be termed 'a concise ab- stract or statement.' We are unable to find a single specification •of error relied upon, set out separately and particularly, while the argument is scattered through and upon each and every page. "The rule referred to was adopted for the purpose of affording to the court and to counsel the fullest opportunities and best means for the consideration and disposition of cases. Its provisions are not mere suggestions, to be observed, or not, at the pleasure of attorneys ; and, where errors are 'not assigned in the brief of counsel, we can- not search for them. It is true that, if any glaring error to the prej- udice of the rights of the plaintiff in error appeared, we might be ■constrained to notice it; but we have examined the record, which 12 THE BEiEr ON APPEAL. (Part I of errors or exceptions, but not in the brief, will generally be considered as abandoned.^'' is very voluminous, consisting of nearly five hundred pages, with nu- merous exhibits, and none such appear. "The findings of the court are supported by the evidence, and warrant the judgment rendered. "The judgment will therefore be aflBrmed." Minnesota : Woodbury v. Day, 24 Jlinn. 463. Missouri: David Adler & Sons Clothing Co. v. Corl, 155 Mo. 149, 55 S. W. 1017 ; Isaac v. Lumber Co., 47 Mo. App. 30. See, also, McKensie v. Railway Co., 24 Mo. App. 392, at page 397. Montana: Charles Schatzlein Paint Co. v. Godin, 24 Mont. 483, 62 Pac. 819; Rehberg v. Greiser, 24 Mont. 487, 489, 63 Pae. 41, in which case it is said at page 491 of 24 Mont., and at page 42 of 63 Pac: "Neither in its proper place nor elsewhere Is there set out, in ac- cordance with the command of the rule, a specification of errors re- lied upon. Here and there in the argument may be gleaned the rea- sons urged for reversal ; but the rule requires that the errors speci- fied must be grouped together, and must constitute a division of the brief separate and distinct from the abstract and from the argu- ment. In the respect just mentioned the brief violates the rule as seriously as did the one condemned In Babcock v. Caldwell, 22 Mont. 460, 56 Pac. 1081. In that case it was said that the specification of errors required by the rule is designed to serve the purpose which ah assignment of errors accomplished at common law. This was per- haps not entirely accurate. The assignment is the pleading filed by the plaintiff in error in the court to which the cause has been trans- ferred by the writ of error, and is jurisdictional. Its function in the higher court may be likened to the function of the declaration in the lower court, and the joinder in error, which makes the issue, is akin to a plea in general denial. The assignment performs the further oflBce of calling attention to the errors relied on. The speci- fication required by the rule of this court may not be indispensable to jurisdiction. It is, however, essential for the purpose of point- ing out with particularity the errors relied upon for reversal, and hence it performs the second office, at least, of the common-law as- signment. For convenience, and as an aid to the court in the con- sideration and determination of appeals, the rule requires that the errors relied upon shall be specified and grouped together after the statement of the case." And at page 493 of 24 Mont, and at page 43 of 63 Pac. : "The rule demands that the error intended to be urged must be particularly specified, and without the proper specification the ap- 17 See note 17 on page 15. § 7) CONTENTS OF A BRIEF. 13 But lack of jurisdiction in the lower court will be con- sidered, even though it is not urged in the brief.^* And in some cases it is implied that if a supposed error which appears in the assignment of errors or exceptions, but not in the brief, is brought to the attention of the court on oral argument, the same will be considered.^' It was held, however, in Dodge v. McMahan, 61 Minn. 175, 63 N. W. 487, that this would only be allowed when the respond- pellant is in no position to demand that any supposed error be con- sidered." Nebraska: .aDtna Ins. Co. v. Simmons, 49 Neb. 811. At page 815 of 49 Neb., and at page 126 of 69 N. W., the decision of the court upon this point is expressed as follows : "Counsel for plaintiff in error content themselves with a some- what lengthy and desultory argument upon certain branches of in- surance law, and then say: 'The other errors referred to appear seriatim upon the record at pages 1, 5, 6, 7, 10, 11, 12, 14, 21, 27, 33, 34, 48, 49, 52, 58, 59, 66, 90, 102, 108, 109, 116, 119, 124, 135, and 137. A reference to the record we think a sufficient presentation of these various assignments, to which we ask the attention of the court without further argument.' The rule of practice in this court is a very simple one. It requires of a litigant who brings a judgment of a district court here for review on error to specifically state in his petition in error of what action or omission of the district court he complains, and the brief filed should, in addition to a concise statement of the facts of the case, under appropriate headings, al- lege what particular thing the district court did or refused to do which the litigant claims was erroneous ; and, collated under such headings, the litigant should state such arguments and cite such authorities as he deems sustain his contentions. Every judgment brought to this court for review comes surrounded with the pre- sumption of correctness. It is not the duty of this court to search through a record for the purpose of ascertaining if it can find some- thing which the court below did or omitted to do which is error, but the burden is upon the party complaining of the action of the nisi prius court to specifically point out the alleged act complained of, and show that it was probably prejudicially erroneous. Only the actions or omissions of the district court which are so specifically assigned, both in the petition in error and in the brief filed here, can be considered. There remain, then, in this case, to be considered, only two questions, namely : Is the finding of the jury supported by suf- ficient evidence? Is the judgment rendered the one that should have 18 See note 18 on page 15. 19 See note 19 on page 16. 14 THE BEIEF ON APPEAL. (Part I ent waived the objection that the specification did not ap- pear in the brief. The specification of errors in the brief should set out been pronounced under the evidence in the case and the law appli- cable thereto?" Livingston v. Moore, 2 Neb. (Unof.) 498, 89 N. W. 289. New York: Pratt v. Strong, *42 N. Y. 53; Nelson v. Village of Canisteo, 100 N. T. 89, at page 93, 2 N. E. 473 ; Sutherland v. Rose, 47 Barb. 144. Oklahoma : Custer County v. Moon, 8 Okl. 205, 57 Pac. 161. Washington: Perkins v. Mitchell, Lewis & Staver Co., 15 Wash. 470, 46 Pac. 1039; Doran v. Brown, 16 Wash. 703, 48 N. W. 251. Wisconsin : Weyerhaeuser v. Earley, 99 Wis. 445, 75 N. W. 80. United States : Benites v. Hampton, 123 U. S. 519, 8 Sup. Ct. 254, 31 L. Ed. 260, in which case Chief Justice Waite, delivering the opin- ion of the court, says at page 521 of 123 U. S., and page 255 of 8 Sup. Ot. (31 L. Ed. 260) : "The brief contains no specification of errors such as is required by the rule, and there is no statement of the case presenting the questions involved, or the manner in which they are raised. In the argument there Is no reference to the pages of the record relied on to support the points which are made. Not only is there a failure to quote the full substance of the evidence admitted or rejected, of which the complaint is made, but even the names of the several witnesses upon whose testimony the objections rest are not men- tioned. In short, to get at the matter which is complained of, we must hunt through what is called a 'Proposed Statement on Appeal and Motion for a New Trial,' filling thirty pages of the record, with nothing in the brief to aid us In the search. This we are unwilling to do. In the present crowded state of our docket, we must insist on a reasonable compliance with the rules which have been adopted to facilitate the investigation of cases and help us in our work. "We therefore dismiss the case, under section 5 of rule 21 (3 Sup. Ot. xii), for want of an assignment of errors and of a brief such as is required by the rules." City of Lincoln v. Street Light Co., 59 Fed. 756, at page 758, 8 C. C. A. 254, where Circuit Judge Sanborn says with reference to this requirement : "In our opinion, the strict and careful observance of this rule di- rects the attention of counsel and the court to the merits of the case presented, to the vital questions at issue, and excludes from their consideration frivolous and Immaterial questions. If the rule is ob- served, the argument of counsel and the consideration of the court are concentrated upon the Important questions In controversy, in- stead of being scattered and dissipated by the argument and con- sideration of numerous side issues, that, If at all material, are gen- § '?) CONTENTS OF A BRIEF. 16 separately and particularly each error asserted and intend- ed to be urged.^" If error is alleged in the admission or rejection of evi- erally governed by the aeclsion of the main questions, and in this way a just result is more speedily and certainly attained. It often occurs that, through abundance of caution, counsel may assign er- rors, when they obtain their writ of error, which they find it en- tirely unnecessary to refer to, and themselves abandon upon reflec- tion, and after an examination of the authorities upon which they intend to rely in the presentation of their case to this court. Every gentleman of the bar understands and appreciates the necessity of concentrating and confining his own attention and investigation, as well as the attention and consideration of the court, to the crucial questions in his case. This rule enables him to accomplish this re- sult after he has carefully examined the authorities and considered the reasons which support his positions, and when he is best prepared to select the errors he deems of importance. This rule should be carefully observed." See, also, Walton v. Mining Co., 123 Fed. 209, 60 C. C. A. 155. 17 Alabama : Rowland v. Plummer, 50 Ala. 182. Arizona : Daggs v. Hoskins, 52 Pac. 350. Florida : Jordan v. Sayre, 24 Fla. 1, 3 South. 329. Georgia : Brown v. State, 82 Ga. 224, 7 S. E. 915. Illinois: Rhodes v Rhodes, 172 111. 187, 50 N. E. 170; Lewis v. King, 180 111. 259, 54 N. E. 330. Indiana: Louisville & J. Ferry Co. v. Nolan, 135 Ind. 60, 34 N. B. 710. Iowa: Renwick v. Railway Co., 49 Iowa, 664. Michigan: Roberts v. Wilkinson, 34 Blich. 129. Minnesota : Johnson v. Johnson, 57 Minn. 100, 58 N. W. 824 ; Guit- erman v. Saterlie, 76 Minn. 19, 78 N. W. 863. Montana: Cope v. Mining & Prospecting Co., 1 Mont. 53. Hebrasha: Hedrick v. Strauss, 42 Neb. 485, 60 N. W. 928; Erck V. Bank, 43 Neb. 613, 62 N. W. 67. New York : Mierson v. New York, 6 Daly, 74. North Carolina : Merrimon v. Lyman, 124 N. C. 434, 32 S. E. 732. Oklahoma : Penny v. Fellner, 6 Okl. 386, 50 Pac. 123. Vermont: Paine v. Webster, 64 Vt. 105, 23 Atl. 615. Texas : Cooper v. Hiner, 91 Tex. 658, 45 S. W. 554. 18 Pennsylvania R. Co. v. Railroad Co., 116 U. S. 472, 6 Sup. Ct. 644, 29 L. Ed. 696, where a plea to the jurisdiction of the Circuit Court had been interposed, and overruled by that court; Chief Jus- tice Waite saying at page 473 of 116 U. S., and page 644 of 6 Sup. Ct. (29 L. Ed. 696) : "No error has been assigned on this ruling, and it was not referred to on the argument here. We do not, however, feel 20 See note 20 on following page. 16 THE BRIEF ON APPEAL. (Part I dence, the particular evidence should be designated,''^ by quoting the full substance of the evidence admitted or re- jected, as required by rule 21 of the Supreme Court of the United States (3 Sup. Ct. xii), and by similar rules in oth- er jurisdictions, and by a specific reference to the page or folio of the record on appeal where the evidence is to be found. ^^ at liberty to pass It by unnoticed. Counsel may, if they desire to do so, file printed arguments on that question, together with copies of the statutes, the consideration of which is involved." 10 Ashley v. Martin, 50 Ala. 537; Cumings v. Morris, 3 Bosw. (N. Y.) 560 ; Landers v. Railroad Co., 13 Abb. Prac. N. S. (N. T.) 338. 2« Colorado : Bitter v. Lumber & Investment Co., 27 Colo. 120, 59 Pac. 403. Minnesota : Duncan v. Kohler, 37 Minn. 379, at page 380, 34 N. W. 594. See, also, Woodbury v. Day, 24 Minn. 463. Missouri: Honeycutt v. Railroad Co., 40 Mo. App. 674, In which case it is said at page 677 of the specifications of errors in the brief : "The next assignment of error is that the court erred in admitting illegal, improper, and irrelevant evidence offered by the plaintiff, against the defendant's objection. The record shows that a number of exceptions were saved by the defendant to the admission of evi- dence offered by the plaintiff. We do not know which one of these exceptions the defendant intends to bring to our attention by this general assignment of error. It is the duty of counsel, in assigning errors, to point out specifically the error complained of. It is no part of the duty of an appellate court to make a search of the record for possible errors ; much less, under a general assignment of error, like this one, to examine all the numerous rulings at the trial to which it might by possibility be supposed to relate. McGarry v. Railway Co., 36 Mo. App. 340, 345; Schultz v. Moon, 33 Mo. App. 329, 338." See, also, the succeeding paragraph in same case. Montana : Cole v. Ryan, 24 Mont. 122, 60 Pac. 991. Texas : See Cooper v. Hiner, 91 Tex. 658, 45 S. W. 554 ; Houston & T. C. R. Co. V. Guisar (Tex. Civ. App» 1894) 27 S. W. 1045. ■ United States : N. Y. Dry Goods Store v. Brewing Co., 112 Fed. 381, 50 C. C. A. 295. 21 Moore v. Auge, 125 Ind. 562, 25 N. E. 816 ; Commissioners of Fulton Co. V. Gibson, 158 Ind. 471, 63 N. E. 982 ; Hall v. Gallemore, 138 Mo. 638, 40 S. W. 891 ; Tuttle v. Davis, 48 Mo. App. 9 ; McKen- sie V. Railway Co., 24 Mo. App. 392 ; Ackermann v. Ackermann Schuetzen Verein (Tex. Civ. App. 1900) 60 S. W. 366. 2 2 Harrison v. Hedges, 60 Ind. 266; McKeen v. Boord, 60 Ind. 280; Rout v. Woods, 67 Ind. 319 ; Sanders v. Scott, 68 Ind. 130 ; Bowman V. Simpson, 68 Ind. 229. See, also, Chicago, St. L. & P. R. Co. v. § 8) CONTENTS OF A BRIEF. 17 And if it is claimed that the verdict or decision rests up- on incompetent evidence,^' or that it is fully supported by competent evidence,^* the precise evidence upon which these respective contentions are based must be clearly point- ed out in the manner above indicated; and the same rule applies where it is claimed that the evidence is insufficient to support the verdict or decision,^ ° or that the verdict failed to find upon a given issue. ^^ When objection is urged to the charge of the court, either upon the ground that erroneous instructions were given, or upon the ground that instructions requested were erroneously refused, the instructions in respect to which error is alleged must be set out in the brief in full, and in the very words used on the trial. ^7 If the error alleged is in refusing an instruction, the brief should also specifically refer to the evidence in the record which is claimed to justify the same,^* and, whenever the decision as to whether or not error has been committed in the charge depends upon a consideration of the evidence, such portion of the evidence as pertains to the question should be specified.^* § 8. Brief of Argument. A brief containing a clear statement of the case and a proper specification of the errors alleged to have been com- Spilker, 134 Ind. 380, at page 411, 33 N; B. 280, 34 N. B. 218 ; Eggle- ston V. Austin, 27 Kan. 245; State v. McCool, 34 Kan. 613, 9 Pac. 618 ; Moxley v. Haskin, 39 Kan. 653, 18 Pac. 820 ; Michigan City v. Leeds, 24 Ind. App. 271, 55 N. E. 799 ; Gregg v. Kommers, 22 Mont. 511, 57 Pac. 92 ; Filley v. Walker, 28 Neb. 506, 44 N. W. 737. 2 3 Congdon v. Olds, 18 Mont. 487, 46 Pac. 261. 2* Wolverton V. Taylor, 54 111. App. 380. ' 2 5 Ruble V. Helm, 57 Ark* 304, 21, S. W. 470; Conger v. Dingmari, 98 Wis. 417, 74 N. W. 125. See, also, Kyle v. Craig, 125 Cal. 107, at page 116, 57 Pac. 791. 2 6 Stroud V. Palmer, 66 Tex. 129, 18 S. W. 344. 27 City of Olathe v. Folmer, 9 Kan. App. 881, 57 Pac. 239 ; Shaw V. Cunningham, 16 S. C. 631; First Nat. Bank of Meridian v. Ste- phens, 19 Tex. Civ. App. 560, 47 S. W. 832. 2 8 Missouri Pac. Ry. Co. v. Kingsbury (Tex. Civ. App. 1894) 25 S. W. 322 ; Davidson v. .TefEerson (Tex. Civ. App.) 76 S. W. 765 ; Le Roy & W. Ry. Co. V. Orum, 39 Kan. 642, at page 644, 18 Pac. 944. 28 See Rogers v. Ferris, 107 Mich. 126, 64 N. W. 1048. Bbief Mak.— 2 18 THE BKIEF ON APPEAL. (Part I mitted by the lower court would give the appellate court the information necessary to an intelligent understanding of the precise questions presented for its determination; but there rests upon counsel for the respective parties the further obligation of assisting the court in reaching a cor- rect decision, and, to meet this obligation in part, and fur- nish a basis for the more complete assistance to be rendered by the oral argument, the brief of the party must contain what is usually designated a "brief of the argument," which should consist of the points or propositions of law or fact to be discussed, the reasons urged in support of these points, and, where it is possible, a citation of the authorities relied upon in their support. And it is a rule usually followed that the propositions stated in the brief, but which are not thus supported by argument, will not be examined, but will be considered waived, although in some cases it is implied, at least, that such propositions may be passed upon if they are urged and supported on the oral argument, even though reasons and authorities to support them do not appear in the brief.'" It is submitted, however, that this should not be done, except with consent of opposing counsel. To entitle a party to have alleged errors considered, he must do more than call attention to them and assert that they are errors. He must state separately the points or propositions which he proposes to maintain, which should indicate wherein each error consists, and must in the brief give reasons to support each proposition.'^ 3 Ashley v. Martin, 50 Ala. 537, at page 344; Ashman v. Railroad Co., 90 Mich. 567, at page 570, 51 N. W. 645 ; Landers v. Railroad Co., 13 Abb. Prac. N. S. (N. Y.) 338 ; Du Bois v. Perkins, 23 Or. 144, 31 Pac. 201. s^ Alabama: Ashley v. Martin, 50 Ala. 537, in which case it Is said at page 544 : "It may be proper here to say that the brief of the learned counsel for the appellant does not furnish any authorities from decided cases, or principles laid down in books of credit In the profession, nor rea- sons of counsel themselves, in support of the errors assigned upon the rejection of evidence ofCered on behalf of appellant in the court below, and on the various motions on the conduct of the examination of the appellant's witnesses in that court which were decided against the appellant and excepted to. When this is the case it is not enough § 8) CONTENTS OF A BRIEF. 19 The respondent, or defendant in error, must, in like man- ner, in his brief, not only state clearly and separately each proposition upon which he intends to rely, but also give to say in argument at the bar, or in the brief of learned counsel, that such and such errors are 'insisted on, and not abandoned.' They will be considered by this court as abandoned, unless argument of counsel at the bar, or in the brief, on authority of decided cases, or principles from books are adduced in their support. It affords the court no assistance to say such and such an 'assignment of error is insisted on.' It must be insisted on in the proper way ; that is, by argument pointing out the purpose and validity of the assignment, or by brief of authorities from decided cases for like purpose, or principles from books of admitted credit."' Arizona: Daggs v. Hoskins (Ariz. 1898) 52 Pac. 350. California: Gavin v. Gavin, 92 Cal. 292, 28 Pac. 967. In which case the opinion is as follows : "The brief of counsel for appellant is substantially a mere recapit- ulation of the general assignments of error as they appear in the bill of exceptions. It contains frequent general statements, such as that 'the evidence was insufficient to justify the decision,' that 'the court erred' in making certain findings of fact, that the 'court erred in finding certain conclusions of law,' that the 'court erred in making the decree,' etc. But no reasons are given why the court erred, no views are presented as to the questions sought to be raised, and no authorities cited. Under these circumstances, we can hardly be ex- pected to do the work of counsel, and elaborately hunt up and con- sider what counsel has not argued. Upon a cursory view of the record, we have noticed no material error for which the judgment should be reversed. "The judgment and order denying a new trial are affirmed." Florida : Porter v. Parslow, 39 Fla. 50, 21 South. 574. Illinois : Firemen's Ins. Co. v. Paper & Pulp Co., 161 111. 9, 43 N. E. 713, where it is said at page 12 of 161 111., and page 714 of 43 N. E. : "The argument upon the giving and refusing of instructions is nothing more, in effect, than a restatement of the formal assign- ments of error. Counsel merely states, as to the one instruction giv- en at the request of the plaintiff, that the giving of it was gross er- ror, and, as to each instruction refused, that the refusal was errone- ous and harmful, or gross or harmful error, without indicating wherein or why the action was erroneous or in what any of the al- leged errors consisted. It is not the duty of the court to search the record for the purpose of bringing to light possible errors which counsel do not perceive and point out, but only to pass upon those which are presented for consideration." City of Chicago v. Spoor, 91 III. App. 472. Indiana: Collins v. McDuffie, 89 Ind. 562; Robbins v. Magee, 96 W THE BRIEF ON APPEAL. (Part I the reasons upon which it is based; and it is the universal practice to require both parties to support their proposi- Ind 174, at page 177 ; Watson v. Deeds, 3 Ind. App. 75, 29 N. H. 151 : Gates V. Railroad Co., 154 Ind. 338, 56 N. B. 722, the court saying at page 340 of 154 Ind., and page 723 of 56 N. B. : "It is a well-settled rule of appellate procedure that a party, in order to have alleged er- rors of the trial court considered, must do more than merely call attention to them, and assert that the court erred. He is required to go further, and at least make an attempt to argue or show where- in he claims that the rulings of the court are erroneous ; otherwise the errors alleged in respect thereto will be considered as waived." See, also, page 341 of 154 Ind., and page 723 of 56 N. E. (same case). Kansas : Wheeler v. Jay, 15 Kan. 389 ; Jackson v. Linnington, 47 Kan. 396, 28 Pac. 173, 27 Am. St. Rep. 300. Michigan: Ashman v. Railroad Co., 90 Mich. 567, 51 N. W. 645, where it is said at page 570 of 90 Mich., and page 646 of 51 N. W. : "There are many assignments of error not argued in the brief of defendant's counsel with the statement in such brief, however, that they are not waived because not so argued. The counsel for plaintiff, in their brief, pass such assignments with the remark that they treat them as waived, as they consider that they are entitled, under the rules, to know by appellant's original brief what the position of such appellant is on each assignment upon which it relies for a reversal of the cause. None of these assignments were referred to upon the oral argument. We shall not, therefore, consider them. We are not disposed to go over some 35 assignments to ascertain whether the error alleged in each is well assigned or not, when the counsel for the appellant does not consider them of sufficient importance to point out to us their merit, if they have any ; and, under the rules, we think the position of the appellee's counsel is correct, that, if there is no argument in the appellant's brief in favor of the correctness of an assignment, counsel for appellee are not called upon to argue such assignment in their brief ; and, although it may be stated that such an assignment is not waived, if the same is not referred to upon the oral argument, where the counsel for appellee may have opportunity to meet such argument as might be made in its favor, this court will treat it as waived." Mason v. Partrick, 100 Mich. 577, at page 580, 59 N. W. 239. Missouri : McKensie v. Railway Co., 24 Mo. App. 392, at page 396. Nebraska: Farmers' Loan & Trust Co. v. Hastings, 96 N. W. 104. Oklahoma : Carter v. Mining & Lumber Co., 6 Okl. 11, 41 Pac. 356 ; Jay V. Zeissness, 6 Okl. 591, 52 Pac. 898. Oregon : Du Bois v. Perkins, 23 Or. 144, 31 Pac. 201. Texas : Guerguin v. McGown (Tex. Civ. App. 1899) 53 S. W. 585 ; Missouri, K. & T. Ry. Co. of Texas v. Wells, 24 Tex. Civ. App. 304, 58 S. W. 842. § 8) CONTENTS OP A BKIEF. 21 tions, as far as possible, by citation of authorities.'" The authorities should be cited in immediate connection with the precise proposition which they are supposed to sus- tain.^' It seems like a reflection upon the profession to be obli- ged to call attention to the fact that counsel are not allow- ed, under the pretext of argument, to make this portion of the brief a medium for expressing their feelings or preju- dices, by inserting therein criticisms upon the personal character, the professional ability, the conduct or motives, of the trial judge,'* or charges against the opposing coun- 3 2 Alabama : Ashley v. Martin, 50 Ala. 537, at page 544, quoted supra. Florida : Porter v. Parslow, 39 Fla. 50, 21 South. 574. Indiana : Citizens' Street Ry. Co. v. Trust Co., 19 Ind. App. 402, 49 N. E. 359 ; Bonnel v. Shirley, 131 Ind. 362, 31 N. B. 64 ; Peele v. Society, 147 Ind. 543, 44 N. E. 661, 46 N. E. 990. Kansas : Patterson v. Patterson, 3 Kan. App. 342, 45 Pac. 129. Missouri -. Bauer v. School Dist. 127, 78 Mo. App. 442. Tennessee : See Thompson v. Watson, 12 Lea (Tenn.) 390. 8 3 Honeycutt v. Railway Co., 40 Mo. App. 674, at page 678; Hatch V. Hanson, 46 Mo. App. 323 ; Missoula Mercantile Co. v. O'Donnell, 24 Mont. 65, 60 Pac. 594, 991, and see Haugh v. Tacoma, 12 Wash. 386, 41 Pac. 173, 43 Pac. 37. Si California: San Diego Water Co. v. San Diego, 117 Cal. 556, 49 Pac. 582. Colorado : Diamond Tunnel Gold & Silver Min. Co. v. Faulkner, 17 Colo. 9, 28 Pac. 472. Illinois : Smith v. Bingman, 3 111. App. 65, at page 66 ; Scroggin v. Brown, 14 111. App. 338 ; Confrey v. Stark, 73 111. 187, at page 190. Iowa : Sax v. Drake, 69 Iowa, 760, 28 N. W. 423. , , Kansas : Stager v. Harrington, 27 Kan. 414. Montana: Brownell v. McCormick, 7 Blont. 12, 14 Pac. 651, in which case it is said at page 18 of 7 Mont., page 653 of 14 Pac. : "In presenting this case to the court there has been conduct which we must severely condemn. The brief of the appellant contains lan- guage attempting to cast reproach upon the proceedings of the court below, and seeking to make it the object of contemptuous wit and ridicule. Argument is the principal purpose of the brief, and this kind of wit and ridicule is not argument. The use of slang phrases and ridiculous language, especially when directed to the proceedings of the court, should have no place in a brief. No character of per- sons can have a deeper Interest in preserving the dignity of the 22 THE BRIEF ON APPEAL. (Part 1 sel or parties ;°° but unfortunately the cases cited show the necessity of this warning. It is undoubtedly true that it is the province of counsel to determine for themselves, within reasonable bounds, the line of argument to be pursued in the presentation of caus- es, and of the court to determine whether or not the ques- tions argued are germane to the propositions involved;^' but it is equally true that "briefs should be respectful to the court, the parties, and all persons named in them," ^^ and the failure to comply with this rule is universally con- bench or maintaining the courtesies of an honorable profession than the members of the bar, and they should act accordingly." NeirasJca: Flannagan v. Elton, 34 Neb. 355, at page 357, 51 N. W. 967 ; Ganzer v. Schiffbauer, 40 Neb. 633, 59 N. W. 98 ; State v. Kennedy, 60 Neb. 300, 83 N. W. 87. ]Vcto York : Schleissner v. Schleissner, 72 App. Div. 492, 76 N. T. Supp. 577. Pennsylvania : Matthews' Appeal, 104 Pa. 444, at page 451, where it is said: "Our attention has been directed to some objectionable and im- proper language in the appellants' paper book. Objectionable words, hastily spoken in the warmth of oral argument, may often be ex- cused. In printed arguments there is no excuse for language such as we find in this book. The motives of the master are impugned, and he himself is spoken of contemptuously. Especially is this un- justifiable where, as here, the master's report was confirmed by the court. The master is a part of the court. To say that his course of reasoning is contrary to common sense and kin to the utterings of a crank is not criticism on his reasoning, nor relevant to the ques- tions at issue. A majority of this court has determined that this paper book be suppressed." In this case, however, the offending counsel tendered an apology, the objectionable language was expunged from the brief, and, 6j/ consent of appellee's counsel, the case was heard on the merits. Wisconsin: Eureka Steam Heating Co. v. Sloteman, 69 Wis. 398, 34 N. W. 387. 3 6 State ex rel. Burbrldge v. Call, 41 Fla. 450, 26 South. 1016; Smith V. Bingman, 3 111. App. 65, at page 66 ; Scroggin v. Brown, 14 III. App. 338 ; Stager v. Harrington, 27 Kan. 414 ; Flannagan v. Elton, 34 Neb. 355, at page 357, 51 N. W. 967; Green v. Elbert, 137 U. S., at page 624, 11 Sup. Ct 188, 34 L. Ed. 792. S6 People V. Parks, 26 Colo. 322, at page 323, 57 Pac. 692. See, also. Stager v. Harrington, 27 Kan. 414, at page 418. 3 7 Smith V. Bingman, 3 111. App. 65, at page 66; Scroggin v. Birown, 14 111. App. 338. § 9) PREPARATION OF THE BRIEF. 23 demned, is often punished by striking the briefs from the files/* and, independently of any direct punishment, will almost inevitably prejudice the case of the counsel who has been guilty of its infraction.^" III. PREPARATION OF THE BRIEF. § 9. Preliminary Study of Case. If the foregoing sections of this chapter have served to make clear the necessity of a brief, its purpose, and its con- tents, it may seem like stating a truism to insist that the first requisite for the preparation of a good brief is a com- plete mastery by counsel of the facts of the case; and the second, a mastery of the law applicable to the facts. Nevertheless the necessity of emphasizing this truth will be apparent to any lawyer or student who examines a num- 88 San Diego Water Co. v. San Diego, 117 Cal. 556, 49 Pac. 582 ; Diamond Tunnel Gold & Silver Min. Co. v. Faulkner, 17 Colo. 9, 28 Pac. 472 ; Scroggin v. Brown, 14 III. App. 338. Leave was granted in this case to file another brief, the order providing that it should be "couched in decorous language, and respectful in its terms to the judge who tried the cause, the attorneys, and all other persons men- tioned therein." Stager v. Harrington, 27 Kan. 414; Anderson v, Cook, 25 Mont. 330, 64 Pac. 873, 65 Pac. 113 ; Gates v. Parmly, 113 Wis. 147, 87 N. W. 1096; Ganzer v. SchifEbauer, 40 Neb. 633, 59 N. W. 98.; State v. Kennedy, 60 Neb. 300, 83 N. W. 87 ; Schleissner v. Schleissner, 72 App. Div. 492, 76 N. T. Supp. 577; Eureka Steam Heating Co. v. Sloteman, 69 Wis. 398, 34 N. W. 387 ; Nephi Irr. Co. V. Vickers, 20 Utah, 310, 58 Pac. 836; Sawdey v. Railway Co., 27 Wash. 536, 67 Pac. 1094 ; Green v. Elbert, 137 U. S. 615, at page 624, 11 Sup. Ct. 188, at page 191 (34 L. Ed. 792), where the court say : "We regret that we find ourselves compelled to add something fur- ther. The printed argument of the plaintifE in error contains many allegations wholly aside from the charges made in his complaint, and bearing reproachfully upon the moral character of individuals, which are clearly Impertinent and scandalous, and unfit to be submitted to the court. It is our duty to keep our records clean and free from scandal. The brief of the plaintiff in error will be stricken from the files." 8 9 See Oonfrey v. Stark, 73 111. 187, at page 190; Stager v. Har- rington, 27 Kan. 414, at page 418 ; Flannagan v. Elton, 34 Neb. 355, at page 358, 51 N. W. 967; Lau v. Dry Goods Co., 38 Neb. 215, 56 N. W. 954. 24 THE BEIEF ON APPEAL, (Part I ber of briefs, and the failure to recognize it, or at least to base the preparation of the brief upon its recognition, is frequently and justly criticised by the courts. Without a thorough understanding of the facts of the precise case at bar, no keen discrimination can be made be- tween material and immaterial facts, between those that are controlling and those that are subsidiary, no clear and convincing statement of the case is possible, nor is it pos- sible, without a mastery of the facts, to know with accu- racy what rules of law are applicable thereto; and, with- out a mastery of the law so applicable, the legal proposi- tions upon which counsel must base his contention cannot be clearly apprehended, and therefore cannot be clearly stated in the brief, and many authorities cited in their sup- port will naturally be improperly selected, and not control- ling on the vital points of the case. Moreover, without a mastery of both the facts and the law of the precise case,, no well-defined theory for its effective presentation can be formulated; and, in the absence of such theory, a proper- ly arranged, logical, and convincing argument in support of the propositions to be maintained is an impossibility. It is also to be noticed that the mastery of the case in all its bearings is needed to enable a counsel to anticipate and be prepared to meet the argument of his adversary. It would be difficult to improve the following statement of Judge Dillon with reference to the necessity of this pre- liminary study: "The first essential * * * is a minute study and thorough understanding of the facts and the law of the particular case. Not some other case; the case in hand. Cases presenting to superficial observation the same general features are often found, upon more careful scru- tiny, to contain elements or to be wanting in elements which make them essentially distinguishable. The same state of facts often gives rise to different principles, depending up- on the character of relations of the parties to the contro- versy. A very common fault is found in the failure to take into consideration all the facts upon which the legal duty or liability arises. But perhaps the most difficult function of the lawyer is to determine which of the facts are essen- § 9) PKBPAEATION OF THE BRIEF. 25 tial, and which are nonessential ; to eliminate the latter ; and to show, against the possible contention of opposing counsel, their immateriality. The facts of a given case may be, and often are, numerous. But many, perhaps a major- ity of, cases turn upon one or two controlling points. Study and careful discrimination are necessary to select from the mass of facts those that are controlling; to select from the storehouse of the law the legal principles which justly apply to the controlling facts." *" To omit this thorough preliminary study is to neglect a duty owed to client and to court, and to invite defeat. For the purpose of deciding upon the theory to be adopt- ed in the presentation of the case, it is wise, in prosecuting this study, to keep constantly in mind the questions : What is the justice of this case? What are its ethical bearings? For, notwithstanding the broad line of demarcation often existing between legal and ethical rights, the tendency of the courts, as manifested in the decisions of almost every jurisdiction, has been, and is, to narrow that line as much as possible; and the counsel who is satisfied of the intrin- sic justice of his cause should adopt such a theory for its presentation, and, in pursuance of the theory, should con- struct his brief in such a manner as to make this feature *o "Practical Hints in the Preparation of Briefs," 14 Am. Law Rec. 53. See, also, "In Marshall's Day and Ours," 3 Col. Law Re- view, 88, at pages 106 find 107, where Judge Alfred C. Coxa says : "That the verbosity of the bar is partly responsible for the ver- bosity of the bench can, I think, be easily demonstrated. In the hurry of modern practice it is seldom that a lawyer takes time to construct such a brief as was common in the days of' Marshall. A conglomerate mass of quotations from the evidence, quotations from text-books, and quotations from reports, interspersed by stenographic observations of counsel, is presented to the court under the name of 'brief.' Sometimes two hundred and fiftj' pages of this undigested matter is handed to an overworked and tired judge, with the knowl- edge that the mere physical act of reading it will occupy days of his time. Can there be a better illustration of 'man's inhumanity to man'? It takes hard work, time, and irains to write a perfect irief; tut, if this preliminary work were oftener done iy the liar, there would he less complaint of the discursiveness of the tench." (Italics are mine. Ed.) 26 THE BEIEF ON APPEAL. (Part I prominent; and, if he can convince the court that he is right upon this point, he need not despair of a decision in his favor, even though he may not be able to cite many or any cases vi^hich are "on all fours" with the one at bar.*^ It should also be noted that there is one very serious mis- take which is frequently made, and to which Judge Dillon calls special attention, and that is the tendency, in prepar- ing for argument on appeal, to assume that the case is gov- erned by general legal principles, and to ask at the outset if under these principles there is any case in point, instead of first ascertaining if there is any constitutional provision, federal or state, or statutory provision, applicable to the facts of the case, and which takes it out of the operation of the customary rules of law or modifies their operation, and, if there is such a provision, whether or not it has been judicially construed. If the preliminary study of the case is careful and thor- ough, this information will be gained, and a mistake of the character indicated will be effectually prevented. § 10. Suggestions for the Preparation of a Brief. The preliminary study having been completed, and a the- ory of the case having been adopted, the actual prepara- tion of the brief may be commenced. Although no abso- lute rule can be given a,s to the order of arrangement of topics, that which is required by rule 31 of the Supreme Court of the United States, and which has been followed above in treating of the contents of the brief, is both a nat- ural and a logical order, and one which in most cases may be wisely adopted. Statement of case. In accordance with this rule, the "statement of the case" should immediately follow the title. The framing of the introductory portion of this statement, which shows before what tribunal the action or proceeding was originally insti- ll "If the right and justice of a case are clear, the counsel may feel assured that, with rare exceptions, right and justice are coinci- dent with the true principles of the law applicable to it. If a legal § 10) PREPARATION OF THE BRIEF. 27 tuted, the questions at issue in the lower court, the deci- sion there, and the manner in which the case was brought into the appellate court, ought not to cause much difficulty, nor should it be difficult to make a clear statement of the substance of the pleadings, when the questions arise upon them, as on appeals involving decisions upon demurrers, upon motions relating to the pleadings, and the like; but in a majority of cases a discussion of the facts is necessary, and this necessitates, as part of the statement of the case, a statement of the facts of the case, or of such of them as are essential to the determination of the questions present- ed to the appellate court for decision. It is to be noticed that it is a statement of facts which is required, not a state- ment of the evidence by which it is believed the facts are established, although the statement should refer to the place in the record on appeal where the evidence may be found, and it will seldom be necessary or proper to quote any ev- idence in this portion of the brief. It is not easy to overestimate the importance of this state- ment of facts, or the difficulty involved in its successful preparation ; *^ but the assertion which is sometimes made, principle is asserted, which is subversive of justice, it is quite cer- tain either that there is no such principle, or, what is, perhaps, the more common error, the principle, though sound when rightly applied, is inapplicable to the case in hand." Judge Dillon, in "Practical Hints in the Preparation of Briefs," 14 Am. Law Eec. 53. "It has become almost an adage in New York that it is futile to go to the Court of Appeals with an unconscionable case. The con- verse of this rule also applies ; it is worth while appealing almost every case to the Court of Appeals when the merits are strong, no matter how hopeless the technical position may appear under previ- ous decisions. Experience shows that some theory is apt to be in- vented or strained under which justice may be done, and so strong is this disposition that even statutes are occasionally made over un- der the guise of interpretation. A considerable portion of the re- versals on appeal are not for error in the proper sense of the term, but are due to out-and-out changes in the law for an equitable re- sult which lower courts did not feel privileged to make." "Hints on Brief Making," Editorial in New York Law Journal, December 2, 1891. 42 "But if you determine to appeal, when you have got the appeal book into shape make a very careful statement of the facts. This Is 28 THE BKIEF ON APPEAL. (Part I that it is the most important portion of a brief, and the most difficult to prepare,*' should not be accepted without qualification. The essentials of a good "statement of facts" are accu- racy, clearness, and conciseness. Not one of these quali- ties is likely to characterize a brief in the absence of the thorough preliminary study which has been enjoined; but if, during the prosecution of the preliminary work, an anal- ysis has been made of the evidence, and of the facts estab- lished thereby, and a theory of the case has been adopted, and counsel has a fair command of the English language, there is no good reason why all of them should not be pres- ent. It is undoubtedly the well-settled rule that, in the ab- sence of objections by opposing counsel, the statement con- tained in the brief is presumed to be fair and accurate." Nevertheless, inaccuracy in the statement of facts, wheth- er arising from mistake or from intentional misstatement, inevitably tends to invalidate the conclusions drawn there- from ; and, irrespective of the ethical considerations which should prevent resort to any such dishonesty, an intention- far more important than It appears to many lawyers, especially where a case is long and complicated, and where the facts, to be intelligible, must be extracted from a large mass of evidence and grouped together. To suppose the court will do for you what you will not do for yourself, and produce order out of chaos, Is a great mistake. You must start with some clear and logical theory as to what the facts really are, for, if your facts do not commend you to the appellate court, it may look with some suspicion on your logical conclusions, however convincing they may be." "On Making a Brief on Appeal," Editorial in New York Law Journal, October 18, 1899. *3 See "Practical Hints in the Preparation of Briefs," Judge Dil- lon, 14 Am. Law Rec. 53. In the same article the learned author says, "The importance of a concise but complete statement of a cause is found in the fact that perhaps nine cases out of ten are prac- tically decided when the case is stated." The truth of this assertion in this extreme form may be questioned, but, having been made by one of such ability and experience, it is very suggestive, and well worthy consideration. *i See Elliott, App. Proe. § 443 ; McElwaine-Richards Co. v. Wall, 159 Ind. 557, 65 N. E. 753; Kelly v. Manufacturing Co., 20 Minn. 88 (Gil. 74) ; Shanks v. Carroll, 50 Tex. 17, at page 21. § 10) PEEPAEATION OF THE BRIEF. 29 al misstatement or distortion of the facts is almost certain to be discovered by opposing counsel and brought to the attention of the court, with the natural and just result of creating a suspicion of the offending counsel which will surely prejudice his case. It is believed that no mistake has been made in consid- ering accuracy as the first essential. It is true that the clear conception of the case, which must be the basis of a clear statement thereof, is also necessary for accuracy; but it cannot be said that clearness necessitates accuracy. The more complete and clear the counsel's understanding of the case, the better will he be able to discover how a very slight change in the facts would materially improve his chances of success, and he might readily embody that change in his statement without in the least impairing its clearness or cogency. To secure clearness requires an orderly and logical plan for the presentation of the facts, a keen apprehension of what facts are material and of the reasons why others are immaterial, the power of selecting and grouping the con- trolling facts so as to emphasize counsel's theory of the case, a lucidity of style, and a power of condensation. It is, of course, much easier to enumerate these require- ments than to satisfy them, and it has been truly said that he who can "well state the facts is a man of rare ability" ; but there is no excuse for a counsel who has obtained a thorough understanding of the case at bar, even though not a man of rare ability, presenting to the court a state- ment which has no definite plan, which mingles material and immaterial facts, and which is verbose and discursive. Such a statement shows unmistakably his lack of diligence rather than his lack of ability. With reference to the essential of conciseness a word of caution may not be out of place. It should never be secur- ed at the expense of clearness. Assuming, however, that this latter quality is not sacrificed, a carefully condensed statement of facts is the ideal statement. It saves the court time and labor, and is much more likely, than is a diffuse recital, to make a strong and lasting impression, and prove 30 THE BEIEF ON APPEAL. (Part I convincing in regard to the soundness of counsel's theory of the case. Specification of errors. The manner in which errors should be specified in the brief has been sufficiently indicated above (§ 7), and it is only necessary to add that under the rules of the United States courts, and also under those of some of the state courts, the "Specification of Errors" constitutes a distinct portion of the brief, while in other jurisdictions it is cus- tomary to have each specification of error appear, in con- nection with the point or proposition relating thereto, in that portion of the brief which contains the outline of the argument, the brief thus having, irrespective of the formal parts, only two main divisions, viz., "Statement of Case" and "Points." Argument. With the exception of the signature of counsel, which should always be appended to a brief, the final portion is that which is sometimes designated as a "Brief of the Ar- gument," and sometimes as "Points," and which contains the propositions upon which counsel relies, his reasons in support thereof, and the authorities upon which his reasons are based, and it is by this portion that he may and should render the greatest assistance to the court. The form of statement of a point to be commended is that which combines conciseness and perspicuity, and this, of course, presupposes a clear conception of the point desired to be made. With reference to the arrangement of the points no in- flexible rule can be given, but the general principle which should control is that the arrangement ought to be such as to make clear counsel's theory of the case, and to em- phasize those points which, according to this theory, are controlling. The propositions on which counsel relies to sus- tain his theory of the case should be clearly differentiated from each other by the use of appropriate heads and sub- heads, under each of which a single proposition or modifica- § 10) PREPARATION OF THE BRIEF. 31 tion thereof is stated and discussed. These main and subor- dinate subdivisions, if properly arranged, will present to the court a logical analysis of the argument, showing the various steps in the line of reasoning by which the facts of the case at bar are brought within the legal principles believed to govern them. The consideration of those points which are of sufficient importance to forbid their omission, but which are neverthe- less of minor importance, and not immediately connected with those that are controlling, may wisely be postponed until the latter have been fully and forcibly presented; and even then they should be so treated as not to weaken the argument upon the main points, or to divert attention therefrom. It has already been pointed out that it is not sufficient for counsel to merely state a point, or to state it and cite authorities. *° If he is not able or willing to give reasons why it should be sustained, he has no right to expect the court to search for them, and has no one but himself to blame if he meets with defeat. The argument in which he embodies these reasons, and the authorities, if any, upon which they are based, should appear in the brief in immediate connection with the point *o § 8, supra. "One common error may be noted — stating isolated propositions of law, which In the abstract are correct, but totally devoid of practical significance, followed by the citation of lists of authorities. It should never be forgotten that in the majority of cases the chief difficulties of the brief writer are not to prove certain legal propositions, but to show that certain legal propositions are applicable and controlling under the specific facts of the case in hand." "Suggestions and In- structions for Preparing Briefs," Practice Ckjurt, Univ. of Mich., Dept. of Law. "One can readily imagine the feelings of a judge naturally expect- ing to have his recollection refreshed and the impression he formed [upon oral argument] recalled by the points, if he finds therein noth- ing but abstract statements of law that have not been questioned since the time of Coke, and a mass of undigested citations. As well might he be presented with a marked copy of a digest. Such a brief shifts from counsel to court the whole burden of sifting and classi- fying authorities. We have occasionally heard a lawyer boast of having filed a very 'full' brief, when, from the standpoint of utility, it was absolutely empty." "Some Suggestions about Brief Making." Edit. New York Law Journal, January 22, 1891. 32 THE BRIEF ON APPEAL. (Part 1 in support of which they are offered. In framing the ar- gument, in the brief, two opposing methods are employed. One method requires that the argument should be con- structed in as condensed a form as possible, consistent with a full mid clear presentation of counsel's position; the oth- er requires as complete and elaborate a presentation of the case in the brief as would be given on oral argument. It is submitted that the latter method is not correct in theory, imposes upon the court unnecessary labor, and its adoption is seldom justified, except possibly when the case is sub- mitted on printed briefs, without oral argument.*' But the effectiveness of the argument in the brief will depend not only upon the cogency of the reasoning, but also upon the authorities which are adduced in its support, and the man- ner in which they are presented. The "Use of Decisions and Statutes" is exhaustively treated in another chapter of this book, and the topic will here be considered only in the most general way; that which is said being offered merely as indicating the im- portant rules which should be observed in the selection of authorities, and in their use in the brief. It is first to be noted, with reference to this feature of the brief, that the problem which confronts counsel to-day 4 8 "The aim should be to concentrate and rise above the crude points that were mooted In the first stages of the controversy, and bring all the arts of brevity, conciseness, and severe logic, with the pith and point, to bear on the few real questions which are worth the attention of a court which exists only to settle real doubts." Austin Abbott in the New York Daily Register, quoted In Elliott, App. Proc. p. 375, note 3. "A brief, so called, should not be in the form of an oral argument, but should present propositions of law supported briefly, clearly, and logically by arguments, fortified by appropriate citations." "Making a Brief on Appeal," Editorial in New York Law Journal, October 18, 1889. "A brief should contain the skeleton of the argument. Of course, counsel should not fall into the opposite mistake of elaborating the argument as fully or illustrating it as copiously in the points as on the oral discussion in court. But the application of the legal princi- ples supposed to be involved in the special facts of the case should be made clearly and completely." "Suggestions about Brief Making," Editorial New York Law Journal, January 22, 1891. § 10) PKEPARATION OF THE BRIEF. 33 is very different from that which was faced by his profes- sional brother at the beginning of the nineteenth century. Then the difficuhy was to find any authority in point ; now it is to select by careful discrimination, from the multitude of cases apparently applicable, such as are actually appli- cable and are convincing. In 1801 the reported decisions of the Supreme Court of the United States filled only five hundred pages of the three volumes of reports published by Mr. Dallas, and, adding to these the reported decisions of the courts of the several colonies before the Revolution, and of the states afterward, the whole American case law then existing would not fill ten volumes of the size now issued by the reporter of the Ufiited States Supreme Court ; " and it has also been stat- ed that at that time "the entire body of the English com- mon law was less than the yearly product of the United States at the present day." *' At the close of the year 1870 the number of volumes of reports, state and federal, exceeded two thousand. *° At the beginning of the present century that number had more than doubled, and it now requires, on an average, 150 vol- umes per annum to contain the decisions of the courts of last resort alone, in addition to which, in many of the states, there are official reports of decisions of the lower courts. To these must be added the statutes, unofficial reports, di- gests, and text-books; and, although the estimate of "sev- en hundred and forty volumes put out annually by the law publishers of the United States" °° may be excessive, the annual increase is enormous. This summary sufficiently indicates the entire change in the situation which has been effected during the past cen- tury; shows the appalling mass of material from which *7 See article, "Chancellor Kent," by Judge John F. Dillon, 3 Col. Law Review, p. 257: "In Marshall's Day and Ours," by Judge Al- fred C. Coxe, 3 Col. Law Review, 88. 48 "In Marshall's Day and Ours," by Judge Alfred C. Coxe, 3 Col. Law Review, 88, at page 100. <» See Ram, Leg. Judgm. (Townshend Ed.) p. 195. 60 "In Marshall's Day and Ours," 3 Col. Law Review, 88, at page 100. Beief Mak.— 3 34 THE BRIEF ON APPEAL. (Part 1 selection of authorities may be made, and that a proper se- lection demands great industry and keen discrimination. It should also make clear the fact that, under the circumstan- ces now existing, the necessity is placed upon counsel, as never before, of faithfully performing the duty of making the selection, and thus rendering the labor of the court as light as possible, and that it is useless to expect this task to be performed by the court. If the point in support of which authorities are to be ad- duced is supposed to rest upon or be affected by a consti- tutional or statutory provision, such provision, or so much thereof as is applicable, should be quoted in full in the brief, and the cases, if any, in which the same has been judicially construed, should be brought to the attention of the court. Great care should be exercised to ascertain that the provision relied upon has not been repealed or modified by later constitu- tional amendment or statutory enactment, for, in the con- fusion of legislation which exists in many states, it is by no means easy to reach a positive conclusion as to the stat- utory provisions which are in force on any given subject; and, although constitutional amendments are rarely made, they occur with sufficient frequency to render it unsafe to assume that a constitutional provision once controlling has not been modified. If there is no constitutional or statutory provision ap- plicable, authorities must be sought for in the reported decisions of the courts; and the selection of decisions for the brief must be controlled by the well-settled rule that although a single "case decided is called a precedent, and is an authority which under many circumstances binds the court to make the same decision in a similar case," °^ and although the court naturally considers itself more firmly bound when there are two or more precedents, neverthe- less a decision is not the law, but only evidence of the law,°^ 01 Ram, Leg. Judgm. (Townshend Ed.) p. 197. B2 "I hope we shall consider what a decision really Is, and treat it accordingly, not, as the law, nor as giving the law, but simply as evidence of the law, and not as conclusive evidence, but only as prima facie evidence, of what the law is. The most elaborate and § 10) PEEPAKATION OF THE BRIEF. 35 and that nothing but that which was necessarily determined by the case is even evidence of the law. From this rule it follows: First. That no case should be cited as directly support- ing a proposition unless the decision rendered in the case cited necessarily rests upon that proposition. That it is considered and discussed therein, and an opinion expressed in favor of the soundness of the proposition, is not sufficient to justify its citation as an authority; and it is only when no cases of this decisive character can be found that ex- pressions of opinion or dicta in support of the proposition found in reported cases may be used in the brief to re-en- force counsel's reasoning, and it should then be clearly in- dicated that they are employed solely for that purpose, and not as authorities ; or, as forcibly stated by another, "a ci- tation of a case under a given proposition ought, unless dis- tinctly otherwise stated, to be equivalent to an implied pro- fessional certificate that, in the writer's judgment, the case cited is an express authority in support of such proposi- tion." " Second. The law of the jurisdiction in which the case at bar is pending being the question in controversy, the best evidence of that law is to be found in the reported cases of that particular jurisdiction. These should be first select- ed.^* If they are clear, well-reasoned, and decisive, the se- lection, may well be confined to them, for they will have a binding force not possessed by the decisions of other juris- dictions, although the latter may often be considered as di- rect authorities, owing to the common derivation of a very large portion of our law, and may properly be cited when there are no direct decisions upon the point in the jurisdic- mature decision of our highest court is but prima facie evidence of the law, for the Legislature may declare it otherwise." Senator Root in Henry v. Bank of Salina, 5 Hill (N. Y.) 535. 63 "Practical Hints in the Preparation of Briefs," 14 Am. LawRec. 53, page 56. 04 "Devote yourself above all to find authorities in your own state, for these are the ones which are controlling, and it must be a very new and strange question upon which you cannot find some light." Mr. Abbott, as quoted in Elliott, App. Proc p. 377, note 2. 36 THE BRIEF ON APPEAL, (Part I tion where the case is pending, or when the decisions there rendered were made without that careful consideration which is usually necessary to give a case the position of a controlling authority. If authorities are cited from other jurisdictions, select, when possible, cases decided by the United States Supreme Court, and by those of the state courts of last resort which have an established reputation for learning and ability; and it is always to be remembered that it is the quality, and not the quantity, of authorities that determines their weight. Before a case is relied upon as an authority and cited in the brief, it should always be carefully traced down to date, to make sure that it has not been overruled by later cases, or so "distinguished" that it is no longer controlling. Presentation of authorities. With reference to the general manner in which author- ities should be presented, and the advisability of quoting from cases, the following suggestions clearly indicate the practice which should be adopted: "In citing cases which you think are controlling of the question at issue, or which at least fairly sustain your view, give the principal ones fully and clearly; quoting in extenso, when necessary, the parts of the opinion which are exactly in point, and adding to these citations a reference to such other cases as sustain the same proposition. If the reasoning of your authority is somewhat mixed or is complicated with other questions, carefully point out exactly how it is applicable to sustain your position ; and, if there are any parts of the case cited apparently in conflict with your own case, carefully distin- guish or make clear to the court, if you can, that the con- flict is only apparent." °^ Counsel should not be content with a mere statement of the proposition of law and the citation of authorities. Certainly, as to those authorities which he re- gards as leading and on which he places the most reliance, he should set out the facts sufficiently to show, not only the basis 5 6 "On Making a Brief on Appeal," Edit. New York Law Journal. October 18, 1889. § 10) PREPARATION OF THE BRIEF. 37 of the decision, but also its applicability to the facts of the case at bar. To these may be added the further suggestion that when, as is often the case, the authorities which will be relied upon by opposing counsel are known or can be anticipat- ed, and you believe they can be distinguished, such authorities should be analyzed and criticised in your brief, and, so far as possible, shown to be inapplicable to the case at bar. ^* In citing cases, it is always the correct practice to give the names of the parties, as well as the volume and page of the report where the case is to be found, and parallel cita- tions to both "official" and "unofficial" reports should be made when possible. Use of text-books. Under present conditions, it can seldom be necessary to resort to text-books to support a proposition, and the num- ber of these which, from the learning and reputation of their authors, have a sufficient standing with the profession to render their statements authoritative, is very small. When, however, it seems advisable to cite a text-book, the name of the author, the title, the edition, if more than one has been published, and the page, should be clearly specified in the brief. Typography. The remaining feature of the brief which is of sufficient importance to deserve a few words of comment is its ty- pography. This should be of such a character as to facili- tate reference to any portion of the brief, to show clearly the main and subordinate divisions thereof, and to emphasize the more important portions of the argument. These results may be accomplished by a judicious use of heavy-faced type, 58 The importance of a careful analysis and criticism of authori- ties supposed to be in opposition is remarkably illustrated by the case of Pym v. Lockyer, 5 Myl. & Or. 29, Chancery, 1841, although the precise grounds on which certain authorities were there held not to be controlling — inaccuracy of reports — is not now likely to exist. In that case Lord Chancellor Cottenham said : "I cannot but express the satisfaction I have felt at having had the cases so thoroughly ex- amined. I think the profession and the public are much indebted to 3S THE BRIEF ON APPEAL. (Part I italics, spacing, and other accessories of the printer's art ; and, although the form of the brief is, of course, a very small mat- ter, as compared with its contents, yet the fact that the effectiveness of the contents is inevitably influenced by the form in which they are presented must not be overlooked. '^ those whose industry and ability have brought the real state of this question so satisfactorily before me." And the result of the deci- sion was to overthrow a rule which was supposed to have been de- clared more than a hundred years earlier, and which the Lord Chan- cellor acknowledged was "generally received in the profession, and laid down in all the text-books of authority, and apparently founded upon the highest authority." 67 "Among the observations that we have made as we have been slowly wading through the perusal of the briefs of counsel in the Court of Appeals is the observation that there is a good deal of art in the printing of points. Some are greatly superior to others in the mere matter of typography. Many very learned briefs are vexa- tiously inconvenient of reference because of the want of spacing and emphasis. Judges who desire to refer quickly to a certain part of an argument must be seriously hindered sometimes by this slovenly lack of proper arrangement, by which the pages are closely huddled up, and every observation is on a typographical level with the rest. The points themselves should be printed in a bold, heavy-faced let- ter, and subordinate matter should be put in capitals, italics, or com- mon type, according to its importance. Every authority should be in a separate line. Generous spacing should be made, and indenta- tion can be put to good use. One brief — and only one — that we have come across, had a line at the top of each page, stating the con- tents of the page. This is especially useful in referring to sum- maries of testimony. This matter is just as Important as emphasis is in oral argument. One of the ablest lawyers in this state is a great sinner in this respect, and, in perusing his learned arguments, while we always envy his mental powers and his command of case law, we never envy his notions of printing." Editorial Albany Law Journal, volume 43, page 345, presumably written by the late Irving Browne, whose opinion on a question of this character is especially valuable. § 10) PREPARATION OF THE BRIEF. 39 Sample Brief. As a further aid in the preparation of a good brief, there is appended the brief of appellant's counsel in Gonzalez v. Williams, 192 U. S. 1, which complies with the requirements of rule 21 of the United States Supreme Court. The ab- sence of a separate division, entitled "Specification of Er- rors," is explained by the nature of the case, and the fact that there was involved in the appeal only a single ques- tion, which is clearly and specifically brought to the atten- tion of the court in the "Statement of the Case." SXTPREME COURT OF THE UNITED STATES, OCTOBER TERM, 1903. No. 225. Isabella Gonzalez, Petitioner-Appellant, vs. William Williams, U. S. Commissioner of Immigration at the Port of New York. Statement of tlie Case. This Is an appeal by Isabella Gonzalez from an order of the Cir- cuit Court of the United States for the Southern District of New York dismissing a writ of habeas corpus and remanding petitioner- appellant to the custody of the defendant-appellee United States Commissioner of Immigration at the port of New York (Record, fol. 21). The petition alleged that petitioner, Isabella Gonzalez, was a na- tive-born inhabitant of Porto Rico and was such at the time of the proclamation of the Treaty of Paris (April 11, 1899); that upon arriving from said island of Porto Rico on the 4th day of August, 1902, the said defendant had detained her in custody, prevented her landing and was threatening to return her to Porto Rico (Record, fol. 1). 40 THE BRIEF ON APPEAL. (Part I The return of the defendant to the writ of Habeas Corpus alleged that pursuant to the powers vested in him by the United States Immigration laws he had detained said Gonzalez as an "alien immi- grant," in order that she could be returned as such in case it ap- peared probable that she might become a public charge (Record, fol. 6). The Circuit Court dismissed the writ on the ground that the peti- tioner not having been born in the United States nor having ever been naturnlized, retained the same status that she had before the cession of Porto Rico by the Treaty of Paris, consequently she was an alien and the Commissioner had jurisdiction to detain or deport lier (Record, fols. 15-17). The sole question here involved is the alienage of appellant. If she is not an alien the Commissioner admittedly had no juris- diction and the writ should not have been dismissed. The law under which the Commissioner acted is as follows : Act Cong. March 3, 1891, c. 551, § 1, 26 Stat. 1084 [U. S. Comp. St. 1901, p. 1294] provides : "That the following classes of aliens shall be excluded from "admission into the United States in accordance with the exist- "ing acts regulating immigration other than those concerning "Chinese laborers : All idiots, insane persons, paupers or per- "sons likely to become a public charge. * • * "Section 8. That upon the arrival by water at any place with- "in the United States of any alien immigrants, it shall be the "duty of the commanding officer and the agents of the steam or "sailing vessel by which they came, to report the name, nation- "ality, last residence and destination of every such alien before "any of them are landed. * * * All decisions made by the "inspection officers or their assistants touching the rights of "any alien to land, when adverse to such right shall be final "unless appeal be taken to the Superintendent of Immigration, "whose action shall be subject to review by the Secretary of the "Treasury. It shall be the duty of the aforesaid officers and "agents of such vessel to adopt due precautions to prevent the "landing of any alien immigrant at any place or time other than "that designated by the inspection officers, and any such officer "or agent or person in charge of such vessel who shall either "knowingly or negligently land or permit to land any alien immi- "grant at any place or time," etc. 26 Stat. 1085 [U. S. Comp. St. 1901, p. 1298]. "Section 10. That all aliens who may unlawfully come to the "United States shall, if practicable, be immediately sent back "on the vessel by which they were brought in. * • * 26 "Stat. 1086 [U. S. Comp. St. 1901, p. 1299]. "Section 11. That any alien who shall come into the United "States in violation of law may be returned as by law provided, "etc." § 10) PEEPAEATION OF THE BRIEF. 41 Introdnction. This case Is noteworthy In that it involves much more than the liberty of an individual. The ansvrer to the question whether or not petitioner is an alien must settle the status of all the native islanders who were in existence at the time the Spanish possessions were annexed by the United States. The "Insular Oases" have not determined the question nor are any of the precedents to be found in our history precisely similar to the case of the Porto Rican ante nati. This is due to the difference in the nature of our recent acquisitions and those made formerly. Of the Indian little need be said. Nomad tribes do not long sur- vive the contact with civilization. The populations taken over from France and Mexico were insig- nificant in number. They were, moreover, largely of Caucasian race and civilization, and a growing stream of immigration soon made the new lands thoroughly American. Moreover, the two civiliza- tions were in fact equal or nearly so, and the treaties both of Paris (1800) and of Guadalupe Hidalgo (1848), recognized that fact by according to the new inhabitants the rights of American citizens. Thus the problem as to the legal status of the inhabitants of Lou- isiana and the territory acquired from Mexico was solved or solved itself o& initio. The underlying theory upon which both treaties were based was "expansion" rather than "imperialism." But the problem of to-day cannot be solved either by extermina- tion, as in the case of the Indian, nor by assimilation, as in the case of the few Frenchmen and Spaniards. Neither the methods of Miles Standish nor those of Jefferson will suffice us now. We must move on a heretofore untrodden path and find precedents upon which to base intelligent legislation and administration, not so much in our own history as in that of other nations who have preceded us in attempting to govern non-assimilable peoples. In such an argument as this we must begin by defining the neces- sary terms, otherwise we will end as do many legal discussions in having with much clamor demolished a man of straw. The object is to ascertain exactly what, under existing law. Is the constitutional and legal status of the Porto Rican born before April 11, 1899. To call him a citizen when we are in hopeless disagree- ment as to the meaning of that term will only result in creating added confusion. If the Circuit Court was correct, then we have to-day a new and seemingly paradoxical legal category of "American Aliens." The ob- ject of language is to denote objectively existing facts or relations. What idea the mutually exclusive term "American Aliens" can con- vey it is difficult to say. The man without a country would thus be transferred from the realm of poetry into the domain of law, since an affirmance of the decision here appealed from would declare the law of the United States, as expounded by its highest tribunal, to be that there exists under the jurisdiction of the United States a 42 THE BRIEF ON APPEAL. (Part i large class of persons who are strangers and aliens here and in every other nation of the globe. There can be nothing in law or in fact to justify or necessitate so extraordinary a result. Brief of the Argnment. I. — The petitioner-appellant cannot be sent back by the Immigra- tion Bureau unless she is an "alien immigrant." If she does not fall within that class the statute cannot affect her; the Commis- sioner of Immigration had no jurisdiction, and the writ should have been sustained. II. — The petitioner is not an alien because on April 11, 1899, she ceased to be a Spanish subject and her allegiance unquestioned, com- plete and permanent, was transferred to the Government of the United States by the Treaty with Spain proclaimed on that date. This proposition is demonstrated by the following considerations ; (o) Allegiance is determinative of nationality or subjection. Our law of nationality, i. e., the law which determines what persons are American nationals as contradistinguished from foreigners or aliens was derived from and must be examined in the light of the common law. That law makes nationality or subjection dependent upon allegiance. (6) In the United States the tests as to what constitutes "nation- ality" or "subjection" are the same as the English common law. The problem has here been confused, however, by the use of the word "citizen" in two senses. It is generally and properly used to indicate the holder of political rights or privileges in a State ; as has been aptly said of a citizen in a democracy, "one who possesses a homeopathically diluted dose of sovereignty." Such persons may be accurately characterized as active citizens (burghers). The word has also been used In its broad sense as denoting all members of the nation and in this sense it has been considered as identical with subjection at the cpmmon law. Such persons may be characterized as passive citizens. In our history there have been two apparent exceptions to the rule that passive citizenship and subjection are identical, and we have had persons who were neither citizens nor aliens. The free negroes under the Dred Scott decision were held by this Court not to be citi- zens, even In the general sense, yet they were not aliens but Ameri- can nationals or subjects because their allegiance, complete and absolute was owing to the United States. Again, the Indian sepa- rated from his tribe was not considered a citizen, yet he could not well have been an alien, because he owed no other allegiance than to the United States. ElJc V. Wilkins, 112 U. S. 94, 5 Sup. Ct. 41, 28 Xj. Ed. 643, Earrahoo v. Adams, 1 Dill. 344, Fed. Cas. No. 7,614. § 10) PREPARATION OF THE BRIEF. 43 The Porto Rlcan Is, therefore, under our law, a subject or national — the only really debatable question being as to whether he Is a citizen in the general sense, having the civil rights and status of such or whether he is a mere subject like the free negro and the Indian above mentioned. In no event is he an alien. III. — ^The Judge at Circuit based his decision on the ground that the petitioner, not having been born in the United States, nor nat- uralized by the Treaty, must have retained her original status just as though Porto Rico had not been annexed ; consequently, she re- mained an alien. Granting arguendo the premises, the argument Is fallacious in assuming that because the petitioner is not a citizen, she is necessarily, and Ipso facto an alien — no such alternative ex- ists. The cession changed her allegiance. That fact is indisputable. The shifting of her allegiance changed her status from that of a Spanish national into an American national. The Court below overlooked the fact that there may be and have been subjects who are not citizens, and that the two are not necessarily exclusive terms. Hence his error. The treaty cession, if it did not naturalize the pe- titioner at least nationalized her. IV. — This distinction between grades or classes of subjects or na- tionals is illustrated in the history of other countries. The French courts have held Algerians to be French subjects, in consequence of the de facto annexation of Algeria — although in the absence of legis- lation or treaty they could not be French citizens. V. — A broad view of the Treaty leads to the conclusion that the natives were not only nationalized, but collectively naturalized by the cession. ARGUMENT. Jurisdiction of the Immigration Commissioner. The Commissioner could have no jurisdiction unless the petitioner were an alien. This is clearly stated by the learned Circuit Judge in the court below. "The only question open for discussion on this application is "whether or not petitioner is an alien. Upon all other questions "the decision of the appropriate Immigration officers, when ad- "verse to the admission of the alien is made final, unless re- "versed on appeal to the Secretary of the Treasury. Act Aug. "18, 1894, c. 301, 28 Stat. 390 [U. S. Comp. St. 1901, p. 1303]. "It Is true that this Court held to the contrary in Re Marto- "relU (C. C.) 63 Fed. 437, following In re Panxara (D. C.) 51 Fed. "275, but the Act of 1894 was not before it. The MartorelU 44 THE BRIEF ON APPEAL. (Part I "Case was decided in October, 1894, before the statutes of that "year were published" (Rec, fols. 15-17). II. The cession of Porto Bico definitely transferred tbe al- legiance of the native inhabitants from Spain to the United States. The Treaty with Spain of December 10th, 1898, provides that: "Article II. "Spain cedes to the United States the Island of Porto Rico "and other Islands now under Spanish sovereignty in the West "Indies, and the Island of Guam in the Marianas or Ladrones." "Article III. "Spain cedes to the United States the archipelago known as "the Philippine Islands, and comprehending the Islands lying "within the following line: * * *" "Article IX. "Spanish subjects, natives of the Peninsula, residing in the "territory over which Spain by the present treaty relinquishes "or cedes her sovereignty, may remain in such territory or may "remove therefrom, retaining in either event all their rights "of property, including the right to sell or dispose of such "property or of its proceeds ; and they shall also have the right "to carry on their industry, commerce and professions, being "subject in respect thereof to such laws as are applicable to "other foreigners. In case they remain in the territory they "may preserve their allegiance to the Crown of Spain by making, "before a Court of Record, within a year from the date of the "exchange of ratifications of this treaty, a declaration of their "decision to preserve such allegiance; in default of which dec- "laration they shall be held to have renounced it and to have "adopted the nationality of the territory in which they may re- "side." "The civil rights and political status of the native inhabitants "of the territories hereby ceded to the United States shall be "determined by the Congress." The treaty thus definitely accomplishes one legal result, it trans- fers the sovereignty of Spain over the Islands and their peoples to the United States and with such sovereignty necessarily the allegi- ance of the people, natives of Spain alone possessing the right to § 10) PREPARATION OF THK BRIEF. 45 preserve their Spanish allegiance upon complying with the require- ments of the treaty. The Porto Eicans have thus ceased to owe allegiance to Spain and now owe it to the United States. Whatever consequences follow from this fact cannot be avoided. But their allegiance or subjection having been transferred, they necessarily have become United States nationals or subjects. No other condi- tions are necessary to constitute American nationality. The islanders cannot be aliens unless they owe allegiance to some other government, and even the most advanced anti-Imperialist will not contend that they are still subject to Spain, however much he may deprecate the making of the Treaty of Paris. The man without a country is not known to law. Having ceased to be Spanish subjects or nationals, Porto Ricans are no longer aliens and have become United States nationals or subjects. The treaty actually accomplished a cession of the territory and a transfer of allegiance. It made the territory domestic territory. De Lima v. Bidwell, 182 U. S. 1, 21 Sup. Ct. 743, 45 L. Ed. 1041. The reservation as to political status and civil rights cannot change that cardinal fact. The country ceased to be a foreign country, yet Judge Lacombe holds the native inhabitants to be foreigners. Aliens are merely foreigners residing or sojourning in the United States. An alien is necessarily a foreigner and must owe allegiance to another country. "An alien is a foreigner, a person resident In one country but "owing allegiance to another." Ency. Law, Alien. "Alien, not belonging to the same country, land or govern- "ment or the citizens or subjects thereof ; foreign ; as alien sub- "jects, enemies, property, shores ; wholly different in nature ; "foreign ; adverse." Webster's International Dictionary. "Alien, a stranger born ; a person born In another or foreign "country as distinguished from a native or natural born subject "or citizen ; in English law, one born out of the legiance or al- "legiance of the king ; in American law, one born out of the "jurisdiction of the United States. 2 Kent's Com., 50. Alien "and Foreigner are synonymous terms. Spratt's Lessee v. "Spratt, 1 Pet. 343, 7 L. Ed. 171." Burrlll's Law Dictionary. When the Porto Riean ceased to owe allegiance to Spain, it is diffi- cult to see how he could still remain a foreigner. He was an in- habitant of domestic territory. Certainly he occupied a difCerent relation to the United States from that which he had previously sus- tained. He became subject to its laws and its exclusive sovereignty. These facts must have some significance. The treaty could not take away his Spanish allegiance, transfer it to the United States and leave him unaffected. The status of alienage or non-alienage depends upon facts. The facts accomplished by the treaty were none the less facts because the power was reserved to Congress to pass upon the status of the 46 THE BEIEF ON APPEAL. (Part I Islanders. Congress cannot make red men white men, even by Joint Resolution, nor can they make Porto Rlcans aliens by calling them such. In order to become aliens they would have to pass under an- other domination. They might be transferred to Spain or ceded to some other power or given independence, but until then they are and must remain United, States nationals. The fact of alienage necessarily involves the idea of a power to whom allegiance is due. But no man or woman can owe the debt of allegiance without an equivalent. Who feels the advantage should also bear the burden, says the old adage ; but it is equally true that he who is called to bear the burden should derive some benefit or compensation therefrom. What "commodum" or advantage does the appellant reap from her situation? To whom does she owe allegi- ance, outside of the United States? What nation in the wide world will raise, nay, will be permitted by us to raise a finger or even a voice In behalf of this woman if she is injured in her property and restrained in her liberty? What flag may she look to In her neces- sity, outside the flag of the United States? Against what Govern- ment or nation may she commit treason? And if she should commit such acts, in Porto Rico, against the sovereignty of the United States as constitute that crime, would she go unwhipped of justice because she had not been naturalized a citizen of the United States? If it should be claimed that a Treaty alone and without an act of Congress cannot raise her out of her condition as a derelict alien, it is plain that such a claim cannot be sustained. The Treaty became from the date of its ratification the supreme law of the land, and the language here is plain and unequivocal. Spain cedes to the United States the Island of Porto Rico and other islands now under Spanish sovereignty in the West Indies. This cession, accepted as it was, by the United States, necessarily transferred the sovereignty to this Government. That sovereignty plainly is, as it must be, ex- clusive of any foreign power. Either Miss Gonzalez is an undefined waif, on the sea of political uncertainty, or she belongs to the United States, and may look to it for protection against injury, for redress where wrong has been done and for assistance where It may be needed against any Govern- ment of the earth, Spain Included. The new master, viz., the United States, takes her allegiance with a burden, and having deprived her of all claim on the old master, has taken his place. Other clauses of the Treaty make these considerations even more obvious than they might be If unaided by the terms of that Instru- ment. To some extent, at least, the contracting parties had In con- templation the possible rights of the Spanish citizens who were transferred to a new sovereignty. There is a saving clause allow- ing an option to Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the Treaty relinquished or ceded her sovereignty. Such residents might preserve their allegi- ance to the Crown of Spain by making before a court of record a dec- § 10) PREPARATION OF THE BRIEF. 47 laration of their intention to preserve such allegiance; otherwise they would be held to have renounced it and to have adopted "the nationality of the territory" in which they might reside. "Manifestly the nationality of the inliaWtants of territory ac- "quired by conquest or cession becomes that of the government "under whose dominion they pass subject to the right of election "on their part to retain their former nationality by removal or "otherwise, as may be provided." Boyd V. Thayer, 143 U. S., at page 162, 12 Sup. Ct., at page 382, 36 L. Ed. 103. This clause may not directly assist Miss Gonzalez, for she is not a native of the Peninsula, and if she were, she has not availed her- self of the privilege of filing the necessary declaration within the year. But is it not quite palpable that she has become vested with the same "nationality" as the Spanish native of the Peninsula who has chosen to sever his connection with Spain by failure to file the necessary declaration? It can hardly have been in the contempla- tion of the parties to the treaty that she and those similarly sit- uated should be without any "nationality" whatever, while other ex- Spaniards assumed by their non-action the nationality of the terri- tory in which they happened to reside. It seems plain that the in- tention was to make nationality the rule upon which the sole excep- tion engrafted, was that in behalf of the native of the Peninsula. If he was satisfied with the "nationality" of American Porto Rico, he need only abstain from acting at all and the general rule of na- tionality applied to him. ni. Allegiance determines Nationality. (o) Nationality, broadly speaking, means simply membership in Bome political community. In the ancient world it was dependent upon descent (citizenship jure sanguinis) the State being based on the clan, i. e., tribal law. The descendant of a citizen was always a citizen wherever born, and the descendant of a foreigner always a foreigner, unless actually naturalized by positive legislation. At Rome the rule was "once a peregrine always a peregrine." The Jus Sanguinis thus inherited from the Roman law became the law in Europe, but for obvious historic reasons never took root in England. In that country the rule of Jus Soli, i. e., subjection or citizenship because of birth within the King's allegiance and dominion, was the law from the time of the Norman Conquest. As Prof. Pollock says : "A foreigner at the head of an army recruited from many "lands conquered England, became King of the English and en- "dowed his followers with English lands. For a long time after 48 THE BKIEF ON APPEAL. (Part I "this there could be little law against aliens, there could hardly "be such a thing as English nationality" (History of the English Law, vol. I, p. 443). Thus it came about that by the English law : "As regards the definition of the two great classes of men "which have to be distinguished from each other, the main rule "is very simple. The place of birth Is all important. A child "born within any territory that is subject to the King of Eng- "land is a natural-born subject of the King of England" (Id., p. 441). Coupled with this rule, which has continued in England to be the law down to the present, was the doctrine of indelible allegiance and consequent denial of the right of expatriation. Hence the rule "once a subject always a subject" — but this doctrine was modified so that the right to change one's allegiance was finally recognized by allow- ing British subjects to expatriate themselves and aliens to become subjects by letters patent from the Crown or by Act of parliament, J. e., by denization or naturalization. Thus the sole requisite necessary to constitute a British subject is allegiance or subjection. This subjection, whether due to birth within the King's dominion or to a transfer of allegiance from a foreign sovereignty to English sovereignty, is the one essential requi- site for determining the nationality of the individual. Either he owes allegiance to the sovereign or he does not. In the one case he is a subject, in the other he Is an alien. It is quite evident that these two categories include all men and leave no middle class. Whatever number of classifications may exist as to subjects and what rights, civil or political, belong to each class or how diverse may be the privileges accorded by law or treaty to aliens of one na- tion or another, the English rule leaves no room for quibble as to who are aliens and who are subjects. It Is quite clear that by the common law a change of sovereignty from a foreign domination makes the Inhabitants, both ante nati and post nati, British subjects. "Naturalization by conquest was the consequence of that "change In the law of war by which the conqueror Instead of "gaining captives and slaves and property, obtained dominion "and subjects. This was the law soon after the arrival of the "Normans m England, and was certainly understood to be so as "early as the reign of Henry II, when the people of Ireland be- "came his subjects from the conquest of the island. Lord Coke "mentions in his report of Calvin's Case, among the ways by "which the denization of an alien may be effected — that of con- "quest. " 'As if the King and his subjects should conquer another " 'kingdom or dominion, as well ante nati as post nati, as well § 10) PREPARATION OF THE BRIEF. 49 " 'they which fought in the field, as they which remained at " 'home for the defense of their country, or employed elsewhere, " 'are all denizens of the Kingdom or dominion conquered.' " Coke Reports, Part VII, folio 6 ♦ * * "by such operation "of law it is not too much to assert, said Chalmers in 1814, that "there had been acquired to the British Empire since the com- "mencement of the present reign forty millions of subjects." (Chalmers' Colonial Opinions, 663) Lawrence's Wheaton. Ap- pendix, p. 894. The English rule on the subject is admirably expounded by Lord Mansfield in Campbell v. Hall, 1 Cowper's Report, 204 (1774). This was an action against the collector of customs of the Island of Gren- ada to recover certain duties there levied in accordance with a Royal decree. The case thus involved the question as to the power of the Crown over captured territory, Grenada having been captured from the French and Parliament having taken no action in regarcf thereto. "The special verdict then states some articles of the capitula- "tion. * * * It next states the 6th Article where to a de- "mand of the inhabitants of Grenada, requiring that they should "be maintained in their property and effects, etc., the answer is "the inhabitants being subjects of Great Britain, will enjoy their "properties and privileges in like manner as the other, his majes- "ty's subjects, in the other British Leeward Islands ; so that "the answer is that they mil have the consequences of their he- "ing subjects, and (that they will be as much subjects as any of "the other Leeward Islands." Lord Mansfield then states general propositions governing such a case. "A country conquered by the British Arms becomes a domin- "ion of the King in the right of his crown ; and therefore, nec- "essarily subject to the legislature, the Parliament of Great "Britain." "The 2nd is. That the conquered inhabitants once received under "the King's protection, became subjects, and are to be univer- "sally considered in that light, not as enemies or aliens." The converse of this proposition is equally true. It is so stated by the eminent English commentator on International Law, West- lake. "The cession of a British territory, or the acknowledgment "of its independence, causes the loss of their British nationality "by all persons domiciled within it at the date of the cession." Int. Private Law, 203. Doe V. Acklam, 2 B. & C. 779, held that all British subjects In America became aliens on the signing of the treaty recog- nizing American independence. Beief Mak. — 4 50 THE BRIEF ON APPEAL. (Part 1 In the case of the Stepney Election Petition, 1886, 17 Q. B. D., 54, It was held that Hanoverians, born before the accession of Victoria, were British subjects, not aliens, but by the separation of the Crown they became aliens and could not vote in England. Lord Coleridge there said : "It has long been settled that while the crowns of the coun- "tries, are held by the same persons the inhabitants of the two "countries are not aliens in the two countries respectively. "The Hanoverian by birth who had needed no naturalization "in the life time of William IV needed it when the Hanoverian "heir and the successor of that monarch was no longer the sov- "ereign of these islands. • * * He became an alien because "the sovereign to whom his allegiance was due became a foreign "sovereign ; * * * The crowns had by accident, been united "in one person, but when the union of the crowns came to an end, "the union of allegiance ceased too." Thus the English law both ancient and modern is quite plain. Had Spain ceded Porto Rico to England in the same manner as she did to the United States, no possible doubt could have existed that the native inhabitants were British subjects. No question could have arisen here had it not been for the ambiguous meaning of the term citizen in American law. The United States Government did not claim until this case arose that the islanders were aliens. The Attorney-General in the Insular cases took the position that they were subjects. "To be called an American subject is no disgrace. The term "does not imply anything as to the nature or form of the Gov- "ernment of which one is a subject. It imports only that a "person is within the protection and allegiance, — either perma- "nent or temporary — of a particular sovereignty ; it may be "imperial or it may be republican. It does not signify in any "degree the grade or status of citizenship occupied by the person "within the domestic economy of his sovereign." "The Insular Oases." Brief of Atty-Gen., 172. (6) The question as to the meaning of the term citizen and what constitutes citizenship under the United States Constitution and laws, must be examined in the light of the English law. U. S. V. Wong Kim Ark, 169 U. S. 655, 18 Sup. Ct. 456, 42 L. Ed. 890. § 10) PKEPAEATION OF THE BRIEF. 51 See also Minor V. Bappersett, 21 Wall. 162, 22 L. Ed. 627. Ex parte Wilson, 114 U. S. 417, 5 Sup. Ot. 935, 29 L. Ed. 89. Bovd V. V. S., 116 U. S. 616, 6 Sup. Ot. 524, 29 L. Ed. 746. SnUth V. AJaftomffi, 124 TJ. S. 465, 8 Sup. Ct. 564, 31 L. Ed. 508. Moore v. V. 8., 91 U. S. 270, 23 L. Ed. 346. "The interpretation of the Constitution of the United States "is necessarily influenced by the fact that its provisions are "framed in the language of the English common law and are to "be read in the light of its history." Justice Matthews in Smith v. Alabama, 124 U. S. 478, 8 Sup. Ct. 569, 31 L. Ed. 508. "British subject means any person who owes permanent al- "leglance to the crown" (Dicey Conflict of Laws, 173-177). "Nationality or Allegiance in substance depended * * * not "upon the locality of a man's birth, but upon his being born "within the jurisdiction and allegiance of the King of England." "The term 'citizen' as understood in our law is precisely anal- "ogous to the term 'subject' in the common law, and the change "of phrase has entirely resulted from the change of Govern- "ment." Vrdteg, States v. Wong Kim Ark., 169 TJ. S. at pages 657, 658-664, 18 Sup. Ct. at pages 460, 462, 42 L. Ed. 890. In a very recent case this Court again said : "The term 'citizen' in our law is precisely analogous to the "term 'subject' in the common law and the change of phrase has "entirely resulted from the change of government. The sov- "ereignty has been transferred from one man to the collective "body of the people and a 'subject' of the king is now a 'citizen' "of the State." Hennessy v. Drug Store, 189 U. S., at pages 34, 35, 23 Sup. Ot. at pages 533, 534, 47 L. Ed. 697. That the terms citizen and subject are at present identical in meaning is clear from Minor v. Bappersett, 21 Wall. 162, 22 L. Ed. 627. "The very idea of a political community, such as a nation is, "implies an association of persons for the promotion of their "general welfare. Each one of the persons associated becomes "a member of the nation formed by the association. Be owes "it allegiance and is entitled to its protection. Allegiance and "protection are, in this connection, reciprocal obligations. The "one is a compensation for the other; allegiance for protection "and protection for allegiance. "For convenience it has been found necessary to give a name 52 THE BRIEF ON APPEAL. (Part I "to this membership. The object Is to designate by a title the "person and the relation he bears to the nation. For this pur- "pose the words 'subject,' 'Inhabitant' and 'citizen' have been "used and the choice between them Is sometimes made to de- "pend upon the form of the government. Citizen is now more "commonly employed, however, and as it has been considered "better suited to the description of one living under a repub- "llcan government, it was adopted by nearly all the States upon "their separation from Great Britain, and was afterward adopt- "ed In the Articles of Confederation and in the Constitution of "the United States. When used in this sense it is understood "as conveying the idea of membership of a nation and nothing "more" (pp. 165, 166 of 21 Wall. [22 L. Ed. 627]). As has been tersely said by an eminent publicist : "The law knows nations only as political communities, as sov- "ereign and independent States. Nationality, therefore, as a legal "attribute of persons, is connection with a certain body politic, "membership in a particular State. The members of a State "are called its subjects or citizens. The former term, If prop- "erly construed, is applicable to the people of any nation without "regard to the form of government, for every State Is based upon "the relation of its members to its sovereign. But the word "subject has become historically associated with the theories of "feudal and absolute monarchy, and has thus fallen into dis- "favor." (Encyclopaedia Political Science and United States History, article Nationality, by Munroe Smith.) Mr. Butler in his recent work says that the word nationality Is used to "distinguish the people of the United States as a peo- "ple rather than as a race; the people of the United States "forming as they do, a nation, are necessarily composed of many "races — Christian and Mohammedan — Anglo-Saxon, Teutonic "and Latin — Jew and Gentile — all of these, as well as other ra- "cial elements, unite in forming one people as a nation ; In this "sense therefore 'nationality' signifies as to the people, the ele- "ment of homogeneity by which all these people are united, re- "gardless of Internal and sectional differences, into a great "nation, owing allegiance to a common government as against "all of the other governments of the world." Butler, Treaty Making Power, p. lew., vol. I. Summing up on this point It seems perfectly clear that the transfer of the allegiance of the native inhabitants made them subject to the jurisdiction of the United States ; they were no longer foreigners, or aliens, but became subjects or nationals. This Is enough for the § 10) PKEPARATION OF THE BRIEF. 53 purpose of the case, but the matter is of such Importance that the question may perhaps be elucidated by inquiring whether, if having ceased to be aliens, they have become citizens or whether they form a class of nationals who are not also citizens. IV. The change of allegiance, while It made the Porto Bican bom before the cession a national or subject, did not neces- sarily make him a citizen. The steps by which the Circuit Judge reached his conclusion that the petitioner was an alien are as follows : I. — The inhabitants of Porto Rico were aliens prior to the ratifi- cation of the Treaty of Paris, April 11, 1899. II.- — As such alien inhabitants they could only become citizens of the United States by naturalization. III. — ^The petitioner having been born before the treaty, must show that she has been naturalized. She could invoke no law save the treaty of annexation. But conceding the possibility of collective naturalization by treaty, the Treaty of Paris expressly reserved the "civil rights and political status of the native inhabitants" to the future action of Congress. IV. — Congress not having legislated as to the naturalization of Porto Kicans, they have not become citizens ; therefore, their original status remains unaffected, and they are aliens. Or to use the learned Judge's exact language: "Being foreign born and not naturalized, she remained an "alien and subject to the provisions of law regulating the admis- "sion of aliens who come to the United States" (Record, p. 16). Thus, according to this decision, there is no middle ground between citizens and aliens, and any one who is not an American citizen is necessarily an alien. "An American alien" certainly would seem, at least to one unac- customed to some of the startling paradoxes of the law, a strange and monstrous category. Is it a logical result? We think not, and for the following reasons : It is true that the ninth clause of the Treaty provides that the civil rights and political status of the native inhabitants of the ter- ritories ceded to the United States shall be determined by Congress. But this determination belonged to Congress in any event. It may plausibly be contended that the natives of Porto Rico did not become 54 THE BRIEF ON APPEAL. (Part I "citizens" by virtue of the Treaty, for the Treaty does not in terms make, or profess to make, them such. It would be enough for our purpose that it "nationalizes" them, which may be quite different in its effect from "naturalizing" them. If there is no difference between a national and an alien it was quite possible to exclude Miss Gonzalez from our country, because she had not gone through the forms of naturalization and renounced her allegiance to some foreign power which she would have found it difficult to name. If she had named Spain, which had rejected and repudiated her, an element of humor might be injected into the case, but would not relieve it of its difficulties. "The political status and civil rights" having been reserved for the future action of Congress, it is possible to argue that no naturaliza- tion has taken place ; it has, however, already been shown that the Porto Eicans were nationalized, that is to say, their allegiance transferred, but as nationalization does not necessarily mean nat- uralization, it may well be that they occupy an intermediate status between citizens of the United States and aliens. In other words, they are certainly entitled to the protection of the government, and, as far as foreign nations are concerned, are Americans, yet tliey may not be vested with all the rights of citizens of the United States. What these rights of citizens of the United States are, it is very difficult to determine. The trend of doctrine in the Supreme Court of the United States seems to be that most of the rights of citizen- ship are under the protection of the States themselves, that civil liberty was not nationalized by the Fourteenth Amendment, and that only such rights as are expressly secured by the Constitution of the United States belong to the citizen ; that for the vindication of all others he must look to the State. Thus the citizen of the United States who is not also a State citizen, but an inhabitant of a Terri- tory, holds his rights subject to the discretion of Congress, except in so far as that body may be limited by the express mandates of the Constitution. Civil Bights Gases, 109 U. S. 3, 27 L. Ed. 835. In the recent case of Maxwell v. Dow, 176 U. S. 581, at pages 588, 589 of 176 U. S., at pages 451, 452, of 20 Sup. Ct (44 L,. Ed. 597), the Court quotes, with approval, the language of Mr. Justice Miller in the Slaughter House Gases, 16 Wall. 36, 21 L. Ed. 394, referring to Section 2 of the Fourth Article of the Constitution, wherein it Is provided that the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States. The Court says: "We feel no hesitation in confining these expressions to those "privileges and immunities which are in their nature funda- "mental; which belong of right to the citizens of all free gov- "ernments, and which have at all times been enjoyed by citizens "of the several States which compose this Union from the time "of their becoming free, independent and sovereign. What these "fundamental principles are it would be more tedious than dif- § 10) PBBPAEATION OF THE BRIEF. 55 I'ficult to enumerate. They may, however, be all comprehenaed "under the following general heads: Protection by the govern- "ment; * * * The enjoyment of life and liberty with the "right to acquire and possess property of every kind, and to pur- "sue and obtain happiness and safety, subject, nevertheless, to "such restraints as the government may prescribe for the gen- "eral good of the whole." It is thus apparent that the rights of citizens of the United States are almost impossible of definition. The general right to life, liberty and property, provided for by the Constitution and more specifically by the ten Amendments in favor of civil liberty, applies to all men alike, whether citizens or aliens. Wong Wing v. V. 8., 163 U. S. 228, 16 Sup. Ct. 977, 41 L. Ed. 140. See, also, Woodrow Wilson, The State, p. 498, § 917. The only positive right conferred by the Constitution upon a citi- zen as such seems to be the right to sue in a Federal Court. This was the right which it was held that Dred Scott did not possess be- cause not a citizen. Thus, as far as the Government of the United States is concerned, the inhabitants of the Islands, assuming them to be nationals, but not citizens, could hardly be said to have any lesser civil rights in fact than full citizens of the United States. While they could not sue In Federal Courts, this would scarcely be an additional burden to those that remained at home, because this right only belongs to a citizen of the United States residing in a State. It is not possessed by the residents of the District of Colum- bia, nor of the Territories of the United States. As far as the action of the States themselves is concerned, the matter becomes somewhat more complicated. One of the most nat- ural illustrations is as to the holding of real estate in the various States. In many of our States there exists as an obsolete remnant of the old and barbarous Droit-d' aubaine, the law by which an alien holder of real estate is subject to an action of forfeiture. This rule, according to the learned Mr. Pollock, arose historically from the habit of the English Crown of confiscating the estates of Norman nobles, situated in England, who swore allegiance to the Crown of France after the separation of Normandy from England. This prac- tice ripened with time into a general rule of law. Its Illustrious origin has long been forgotten, and It now remains as a remnant of ancient, time-honored law. History of the English Law, Vol. I, 441- 50. It is to be noted, however, that the right to hold real estate free from any interference on the part of the Government is not a right inherent in the citizen as such, but that the prohibition is simply a disability of alienage. Thus, if our theory be correct, a Porto Rican might well hold real estate in the City of New York, free from mo- lestation by the Attorney-General, because, even if not considered a 56 THE BEIEF ON APPEAL. (Part I citizen, he certainly is not an alien, and, therefore, not under the con- sequent disabilities. It is thus apparent that there are very few, if any, civil rights which in such a view he would not have in common with citizens. As to political rights, however, the situation is entirely dfCerent. Usually, though not always, the right to vote in the various States is conditioned upon citizenship of the United States, and, if our the- ory be correct, statutes to this effect might not apply to a Porto Rican national, and thus in the absence of State legislation, espe- cially made to fit his case, he would not be allowed to vote in the States. As some of the States, however, allow aliens to vote, after a declaration of intention to become citizens, this disability could and would easily, if the State desired it, be removed for the benefit of those of our new inhabitants who desired to settle in the States. As a writer on International Law recently put it (Mr. Randolph, in his excellent article on "The Insular Cases"), "There is nothing in the Constitution of the United States to prevent a State from in- viting an immigrant to go from the wharf to the polls and vote for presidential electors." Columbia Law Review. It is thus manifest that the distinction here made between aliens and nationals is very important for the Islanders themselves, and if held sound by the Supreme Court of the United States, they will not be under the disability of alienage and will enjoy nearly, if not quite, all the ordinary civil rights pertaining to the citizen. On the other hand, the distinction between the two classes of na- tionals, namely, citizens of the United States, that 'is to say, those born or naturalized within the United States, and those not born or naturalized therein, but owing allegiance thereto, Is important. If Porto Ricans are not citizens of the United States, all the political privileges accorded by law to citizens as such would not apply to them, and thus in the absence of special legislation they would have no political rights in the various States until the States chose to change their legislation. In so far as the Islanders remaining at home are concerned, they would, ii» any event, be subject to the com- plete control of Congress in the matter of political rights, the Con- stitution placing no limitation upon Congress, acting In and for the Territories, In that respect. In this regard they would be under no greater political disability than inhabitants of the District of Columbia. It seems to us that this conclusion harmonizes with the general theory of the Treaty makers and the general policy of the govern- ment, which is to confer the ordinary civil rights upon the new in- habitants, while withholding from them all political privileges. It may be asked, whether they have the right to trial by jury and to the other civil rights guaranteed by the Constitution. It Is suffi- cient to say that these rights are In no wise dependent, either upon citizenship or alienage. They are accorded to all persons within the § 10) PEEPAKATION OF THE BRIEF. 57 United States — although that term is now impossible of delimitation. Insular Cases, 182 U. S. 1-391, 21 Sup. Ot. 743-827, 45 L. Ed. 1041- 1146. It is quite possible, however, that the Supreme Court might decide that some of these limitations were only operative upon Congress when acting within the Uqited States, in the narrow sense, proper, and that, therefore, they did not apply to the new inhabitants. Ter- ritory of Hawaii v. Osaki Mankichi, 190 U. S. 197, 23 Sup. Ot. 787, 47 L. Ed. 1016. It is thus seen that this question is entirely beside that of citizenship or alienage and has only to do with the applica- bility of certain portions of the constitution when limiting the power of Congress in legislating for the new territory. This theory, while according to our new nationals certain rights, and conferring upon them a country, does not in any way interfere with the policies of the people of the United States by giving to the new peoples any political power, and hence any voice as to our gov- ernment or institutions. They are alike cut off, in both cases, from any injurious interference in the destinies of the nation. It is evident that there may be various gradations or subdivisions of subjection. Subjects may possess varying degrees of civil or po- litical rights as is well said by one of the latest writers upon the subject. "Generally the term citizen is used in regard to the 'national' "Invested with all civil and political rights. We must not, how- "ever, confuse, as is too often done, these two terms. Every "national indeed is not a citizen, although every citizen is a na- "tional. In France, for instance, minors, married women and "incompetents are not citizens, but they nevertheless possess "French nationality; they are deprived of political rights and "only possess the enjoyment of civil rights. The Algerians have "not even the enjoyment of civil rights; they are governed by "the Mussulman law in their relation between themselves, and "yet they have been solemnly declared Frenchmen by the sena- "tus consuUus of 1865, and the decisions of the Court had upon "several occasions theretofore recognized that they possessed this "quality (French nationality)." (Cogordan, La Nationalitfi, pp. 7-8.) The great publicist Bluntschli following the same line of thought, says: "The body of full citizens rise above the general mass of the "members of a country or nation. Full citizenship implies mem- "bership in the nation, but more than that, it implies complete "political rights; it is thus the fullest expression of the rela- "tion of the individual to the State." (Theory of the State, English translation, p. 203.) The framers of the Constitution probably supposed that in the United States, nationality and subjection were identical, that is to 58 THE BRIEF ON APPEAL. (Part i say, that all persons within the permanent allegiance of the United States were citizens just as such persons had been subjects of Great Britain before the Revolution. This view seems to have been prac- tically undisturbed in the United States until the famous case of Dred Scott v. Sanford, 19 How. 399, 15 L. Ed. 691, which held that subjection and citizenship were not necessarily Identical and that there existed a class of persons in the United States who, although not aliens, were nevertheless not citizens. We refer to the status of the free Negro before the enactment of the XlVth Amendment. "The words (in the Constitution) 'people of the United States' "and 'citizens' are synonymous terms, and mean the same thing. "They both describe the political body who, according to our "republican institutions, form the sovereignty, and who hold the "power and conduct the Government through their representa- "tives. ♦ * * Congress might, as we have before said, have "authorized the naturalization of Indians, because they were "aliens and foreigners. * • * The African race, however, "bom in the country, did owe allegiance to the Oovemment, "whether they were slave or free; hut it is repudiated and re- "jected from the duties and obligations of citizenship in marked "language." Pages 404, 405 of 19 How. [15 L. Ed. 691]. The question Involved in the Dred Scott case was whether a free negro could sue as a citizen in the federal courts, and the decision was based upon the fact that he could not have been a member of the political people. It was the impossibility that he should have been invested with political rights that led the Court to declare him a mere subject. The status of the colored race was, until the enactment of the XlVth Amendment changed their status, settled by this decision. Jlr. Chief Justice Puller in his dissenting opinion in the case of United States v. Wong Kim ArJc, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890, says : "Nor would a naturalization law excepting persons of a cer- "tain race and their children be invalid, unless the amendment "has abridged the power of naturalization. This cannot apply "to our colored fellow-citisens, who never were aliens." Page 729 of 169 U. S., page 487 of 18 Sup. Ct. [42 L. Ed. 890]. It was for the purpose of removing from our jurisprudence this class of persons who owed the United States allegiance and yet were not citizens that the XlVth Amendment defined citizenship. This definition made citizenship and subjection at the common law identi- cal, as Mr. Chief Justice Puller said, in the Wong Kim Ark Case (page 727 of 169 U. S., page 486 of 18 Sup. Ct. [42 L. Ed. 890]) refer- § 10) PREPARATION OF THE BRIEF. 59 ring to the fact that the 14th Amendment was Intended to apply to the colored race: "They were not aliens (and even if they could be so regarded, "this operated as a collective naturalization) and their political "status could not be affected by any change of the laws for the "naturalization of individuals." As this Court said In Elk. v. WilUns, 112 U. S. 101, 5 Sup. Ct. 45, 28 L. Ed. 643 : "The main object of the opening sentence of the XlVth Amend- "ment was to settle the question, upon which there had been a "difference of opinion throughout the country and in this Court, "as to the citizenship of. free negroes (Scott v. Sandford, 19 How. "393, 15 L. Ed. 691) ; and to put It beyond doubt that all per- "sons, white or black, and whether formerly slaves or not, born "or naturalized In the United States, and owing no allegiance to "any alien power, should be citizens of the United States and of "the State in which they reside." The only other instance in the history of the United States In which subjection and citizenship have not been identical is that of the status of the Indian living apart from his tribe and who has assumed the habits of civilization. In the case of ElJc v. Wilkins, supra, it was held that an Indian, born a member of one of the tribes, who was voluntarily separated from his tribe and had taken up his residence among the white citi- zens of a State is not a citizen of the United States within the mean- ing of the 14th Amendment. The theory as to the legal status of Indians has always been, since the case of the Cherokee Nation v. Georgia, 5 Pet. 1, 8 L. Ed. 25, that the Indian member of a tribe owed immediate allegiance to his tribe, which was in turn under a general protectorate of the United States, and hence did not come either within the definition of subjec- tion at the common law, or within the purview of the XlVth Amend- ment. Consequently It was necessary to consider him as an alien, a member of a tribe which the United States recognized at least as quasi Independent by making treaties with it. "The Indian tribes, being within the territorial limits of the "United States, were not, strictly speaking, foreign States ; but "they were alien nations, distinct political communities, with "whom the United States might and habitually did deal, as they "thought fit, either through treaties made by the President and "Senate, or through acts of Congress in the ordinary forms of "legislation. The members of those tribes owed Immediate al- "leglance to their several tribes, and were not part of the people "of the United States." Elk v. Wilkitis, 112 U. S. 99, 5 Sup. Ct. 44, 28 L. Ed. 643. 60 THE BRIEF ON APPEAL. (Part I On this theory, therefore, Elk was held not to be a citizen of the United States ; having, however, renounced his allegiance to his tribe. It would seem that he had become at least a subject of the United States, and this was the view expressed by Mr. Justice Har- lan In his dissenting opinion. "If he (Elk) did not acquire national citizenship on abandoning "his tribe and becoming, by residence in one of the States, sub- "ject to the complete jurisdiction of the United States, then the "Fourteenth Amendment has wholly failed to accomplish, in re- "spect of the Indian race, what, we think, was intended by it ; "and there is still in this country a despised and rejected class "of persons, with no nationality whatever, who, born in our ter- "ritory, owing no allegiance to any foreign power, and subject, "as residents of the States, to all the burdens of government, "are yet not members of any political community nor entitled "to any of the rights, privileges, or immunities of citizens of the "United States." Elk v. WilUns, 112 U. S. 122, 5 Sup. Ct. 56, 28 L. Ed. 643. Evidently Congress considered that an end should be put to so anomalous a situation and soon enacted that Indians who had sepa- rated themselves from their tribes and taken up civilized life should be considered citizens of the United States. Act Feb. 8, 1887, c. 119, § 6, 24 Stat. 388, 390. We have Instanced the case of the free negro and of the Indian separated from his tribe, as the only illustration within our history in which it was possible to consider that we had a class of persons who, while owing allegiance to no foreign government, were not citi- zens, but merely subjects of the United States. This is doubtless due to the fact that In our history we have been so little brought into contact with races inferior to us in develop- ment and civilization. Our former growth has been rather by ex- pansion and assimilation than through the method of imperialism, i. e., the domination over men of one order or kind of civilization, by men of a different and higher civilization. The negro problem was set at rest by the war and the Fourteenth Amendment; the Indian problem by the ruthless progress of civilization, which com- pelled the opening up and exploiting of the American continent by the overflowing population of old Europe. In the contact, the Indian gradually perished and the problem was reduced to very minor pro- portions through the agencies of fire water, gunpowder and well-in- tended but unwise policy. The logic of events is often more powerful than that of Aristotle. § 10) • PREPARATION OF THE BRIEF. 61 niustrations of distinction between subjects and citizens. Other civilized nations have, however, been brought into contact with uncivilized or semi-civilized tribes or people who became wholly subject to their jurisdiction, and whose legal status it was conse- quently necessary to solve. We have seen that the English law has always treated such per- sons from the moment of the severance of their allegiance from their former masters as British subjects. This natural and necessary consequence is also admirably illus- trated by one of the most recent territorial acquisitions of France,^ that of Algeria. "The conquest of a country like Algeria gives rise to questions "which cannot be governed by the application of the ordinary "rules of law followed In Europe. In practice it has been ad- "mitted that the Algerians were French subjects, not citizens (it "must be remembered) from the moment that their country was "definitely annexed to France. Hence the tribunal of Paris did "not hesitate to declare, even before the treaty of Tafma, of "20th of March, 1837, that the Algerians were like other French- "men, dispensed from the necessity of furnishing security for "costs." Cogordan, La Nationality. The question was thus very similar to that involved in this case, as in neither case had the executive or the legislative authorities con- ferred any rights of citizenship upon the annexed people, but their allegiance had been transferred from their former sovereign to the new one. The Court of Cassation declared that although there was no legislation fixing their status, and it had not been established by any treaty, nevertheless the Ordinance of the 10th of August, 1834, had submitted the Algerians to French law and sovereignty, and from that time it was no longer possible to treat them as aliens. "In declaring in Its Art. 10& the union of Algeria and the "Colonies to the French Republic, the Constitution of November, "1848, did not effect anything as to the nationality of the inhabi- "tants ; since we find the counsel for the order of lawyers of "Algeria contesting the claim of a native to be a Frenchman and "hence the possibility of his admission to the bar ; this case "coming before the Court of Cassation it was held that by the "very fact of the conquest of Algeria the Israelite natives be- "came French subjects. Placed, indeed, under the direct and "immediate sovereignty of France, they are unable in any event "to claim the benefit or aid of any other nationality, from which "it follows necessarily that the quality of Frenchmen can alone "thereafter he the basis and rule of their civil and political con- "dition." Glard, Nationalit6 Francaise, p. 380. 62 THE BRIEF ON APPEAL. (Part I In matters of private law the Mohammedan subjects were left un- der their own rules and customs. The French Government thus recognized a situation which we, until very recent years, refused to recognize in the case of the In- dians, namely, that such tribes or peoples living under a different law and civilization, possessing a complete organization of their own, should be treated as nationals of the sovereignty to which they were really subject, but should be in their private relations governed by their tribal law. While we did not interfere with the tribal law of the Indians, we yet affected to assimilate them rather to a foreign people than to nationals, and made treaties with them, in preference to legislating for them directly. Our legal theory was thus at vari- ance with the actual facts. The Algerian subject is accorded no political rights whatever and can possess none except by becoming a French citizen. This the Al- gerian may become either by legislation, for example, the D^ret Cr6mleux, October, 1870, conferred French citizenship on the Israelite inhabitants of Algeria, or by naturalization, but this naturalization is somewhat different from the naturalization of an alien. The Al- gerian has only to make a simple declaration before the mayor, and after examination as to morality, etc., by the mayor and upon the recommendation of the Council of State, the naturalization is granted as matter of right. Already French, the native Mohammedan is subject after his nat- uralization to all the French civil and political laws ; he pays the French and not the Arab taxes. He becomes immediately an elector, and eligible to Parliament, etc. Glard, Nationalitg Francaise, 263. An analogous question was presented when France annexed Co- chin China. The native Anamite inhabitant is declared by law (De- cree 25th, 1881) French, but he remains subject to his own local laws and customs except in special cases in which by complying with certain formalities he may be placed under the jurisdiction of the French law, just as in Algeria he may acquire the civil rights of a citizen by showing that he has reached the age of twenty-one and is able to speak the French language, etc. (Cogordan, La National- itS, p. 139). By the cession of Tai'ti to France in lieu of the former protectorate, the whole native population became French subjects. The law (31} Dec., 1880), declared that "French nationality has been acquired (de plein droit) by all the former subjects of the King of Tai'ti." "Such a disposition is self-explanatory ; the sole manner of "escaping the result is emigration or the acquisition of a foreign "nationality; they are no longer subjects of the king of Taiti" (Glard, NatlonalitS Frangaise, p. 408). § 10) PREPARATION OF THE BRIEF. 63 See also other illustrations mentioned in Argument for Plaintiffs in Error De Lima v. Bidwell, 182 U. S. 76-Y8, 21 Sup. Ct. 743, 45 L. Ed. 1041. We have thus seen that subjection is dependent upon allegiance, but that the civil and political rights of subjects may vary from those of the subjects who have full political rights (active citizens) to those vrho have limited civil rights (mere subjects). In our law and that of civilized States generally, except in cases of dependencies inhabited by semi or uncivilized people there are but two classes of subjects or citizens, namely, active citizens, that is to say those pos- sessing political rights (burghers), and passive citizens, that is to say, those possessing full civil but no political rights, such as minors, women and incompetents. It is only, as the historic illustrations cited have shown, when civilized nations come into contact with peo- ple of a lower order of civilization that there is any disposition to refuse to subjects the ordinary civil rights. In Europe and America even aliens possess almost, if not quite all of the civil rights belong- ing to citizens, such as the right to possess property, to have recourse to the courts, etc. It is for this reason that it has been difficult for us to apprehend that naturalization did not necessarily comport naturalization and that persons might cease to be foreigners or aliens without becoming citizens. We have seen that under our law the civil rights of citizen- ship in a broad sense, which would not also be possessed by any subjects or nationals of the United States, would be very few — the right to sue in the Federal Courts would be almost the only one be- longing to passive citizens as distinguished from mere subjects. The fact that a national was deprived of these rights would not convert him into an alien and he would not be governed by the laws relating to alienage. VI. Conclusion. There are three possible courses which this Court may adopt : 1. It may affirm the decision below and declare native islanders, born before the cession, aliens. 2. It may hold that the cession by transferring the allegiance of the natives made them United States subjects or nationals and that as such they are not under the statutory disabilities of alienage and cannot be deported under the Immigration law. 3. The Court may take the view that the cession of the Islands accomplished the naturalization of the native people and that they became passive citizens of the United States entitled to all civil rights of such. See argument of undersigned counsel, DeLIma v. Bidwell, 182 U. S. 3, 21 Sup. Ct. 743, 45 L. Ed. 1041. 64 THE BRIEF ON APPEAL. (Part I It seems to us quite obvious that the choice will be between the last two. It would be impossible to affirm the judgment of the Court below without leading to an absurd and unnecessary result. Plain terms would cease to have any meaning and we would consider aliens persons who owed us their sole allegiance and to whom we owed our protection. Such a result is too palpably defiant of the laws of thought and language, is altogether anomalous and we must respectfully submit is clearly impossible. The Court might, however, adopting the suggestion of the Circuit Judge that the treaty expressly refrained from naturalizing the na- tive population, hold that they were not citizens, and as such not possessed of any civil rights, but that they had become American na- tionals or subjects and were therefore, not within the purview of statutes aimed at aliens. This result could be supported by the precedent of the free Negro and the detached Indian, Dred Scott v. Sanford, and ElJc v. Wilkins, infra, and was the view taken by the Attorney-General of the United States at the time of the argument of the Insular Cases. While it has some logical force and may be supported by the two precedents re- ferred to as well as by the precedents adduced from the history of foreign nations, such as that of Algeria, it seems to us nevertheless to be a narrow view. The third view would seem to be more compatible with sound po- litical science, as well as more in accord with the spirit of our Con- stitution, and the jurisprudence of this Court. While it may be said that the treaty reserved to Congress the right to pass upon the civil rights of the native inhabitants, the treaty could not change facts. It had accomplished the cession and the results naturally and neces- sarily following from cession cannot be avoided. It could not have made the country a foreign country by stating that it should remain foreign although ceded to the United States and subject to its plenary jurisdiction. Even the treaty-making power and Congress together cannot change facts by violating the laws of language. It therefore seems to us that the cession of the territory, its be- coming domestic territory (DeLima v. Bidwell), with the transfer of the allegiance of its inhabitants, naturalized the natives in the sense that they became passive citizens of the United States, entitled to all the rights, privileges and immunities of such. Boyd ■;;. Thayer, 143 U. S. 162, 12 Sup. Ct. 382, 36 L. Ed. 103. Unless we adopt this course we are forced to have recourse to the two precedents in our history of which we are least proud, and to introduce for the third time into our system a class of persons whom it has always been our object to be free from. The XlVth Amend- ment, annulling the result of the Dred Scott Case, the Act of Con- § 10) PKEPAEATION OF THE BRIEF. 65 gress doing away with the result reached in Elk v. Wilkins, would go for naught, and we would again be confronted by a situation in which citizenship and subjection were not identical. The two precedents above adverted to give us no encouragement to attempt for the third time a repetition of that peculiar, and, from the standpoint of American civilization, most anomalous result. A.11 of which is respectfully submitted. Dated, New York, November 30, 1903. FREDERIC R. OOUDERT, Jb., PAUI-/ FULLER, CHARLES B. LeBARBIER. Counsel. Bbiep Mak.— 3 PART II. HOW TO USE DECISIONS AND STATUTES. By EVGENE WAMBAUQH, Professor of Law, Barvard University. I. INTEODTJCTION. § 11. The Kinds of Authority — Primary and Secondary — Imperative and Persuasive. 12. The Four Steps in the Use of All I\:inds of Authorities. 13. Preliminary Points as to Making Notes. 14. The Distinction Between Statutes and Decisions. 15. Summary. II. Decisions. (A) The Doctrine of a Decision. 16. Decision and Opinion. 17. The Parts of a Reported Case. 18. The Function of a Court, and the Weight of a Judicial Deci- sion. 19. The Opinion as Distinguished from the Decision. 20. To What Extent Does the Opinion, as Distinguished from the Decision, have Imperative Authority? 21. Hypothetical Cases. 22. Dicta. 23. Unnecessarily Broad Language. 24. Two Grounds for Same Decision. 25. Two Opposite Holdings at the Same Stage of the Case. 26. Several Errors Claimed, and None Found. 27. Discordant Opinions Agreeing In Result. 28. Opinion Ignoring Point. 29. No Opinion. 30. The Reporter's Syllabus. 31. An Example of the Mode of Extracting the Doctrine of a De- cision. (B) Circumstances Affecting the Weight of the Doctrine of a Decision. 32. The Necessity of Noticing the Circumstances. 33. First Group: Circumstances Affecting Thoroughness of Con- sideration. 34. Second Group: Defective Reports. 35. Third Group: Later Authorities In Same Jurisdiction. 36. Fourth Group: Comments Based upon the Jurisdiction of the Court. (66) Part n) HOW TO USE decisions and statutes. 67 (t7) Last Words as to the Use of Decisions. 37. Caution Against Hypercriticism. 38. Cases Not Directly In Point Useful by Way of Analogy and Otherwise. 39. Summary. III. Statutes. (A) The General Rules as to the Construction of Statutes. 40. Statutes Treated Differently from Decisions. 41. The Parts of a Statute. 42. The Places Where Statutes are Found. 43. Construction and Interpretation Treated as Synonymous. 44. Two Nontechnical Rules. 45. Technical Rules of Construction. 46. First Group: Rules of Construction Applicable to All Writ- ings. 47. Second Group: Rules of Construction Especially Applicable to the Written Law. (B) Circumstances Strengthening or WeaJcening Preliminary Conr- elusions as to the Real Effect of a Statute. 48. The Necessity for Going Beyond the Rules of Construction. 49. First Group: Mode of Ascertaining Precise Terms of Stat- ute. 50. Second Group : Validity of Statute. 51. Third Group: Subsequent Legislation. 52. Fourth Group : Construction Already Made. (C) Last Words as to the Use of Statutes. 53. English Statutes. 54. Constitutions and Ordinances. IV. Conclusion. 55. The Limits Placed upon This Discussion. 56. The Need of Bearing In Mind the Purpose of Law. 68 HOW TO USE DECISIONS AND STATUTES. (Part U I. INTRODUCTION. § 11. The Kinds of Authority — Primary and Secondary — Imperative and Persuasive. The word "authority" is used by lawyers in at least two senses — one abstract, and the other concrete. In the concrete sense, authority means the book or other place to which one resorts in order to find a proposition of law. In this sense, authority is divisible into two kinds, for, according to a familiar classification in all branches of science, sources of knowledge are either primary or second- ary. Direct legislation and the reports of litigated cases are primary authorities for propositions of law. Among secondary authorities are digests, articles in encyclopaedias or in periodicals, annotations, and treatises. In the abstract sense, authority is substantially equiva- lent to influence or power. In this sense, also, authority is divisible into two grades, for the force of a statement of law is either imperative, or simply persuasive. Statutes are imperative, and so are the general principles underlying a decision of a court, within the limits of the jurisdiction of that court. A slighter degree of influence, on the other hand, attaches to decisions from other states and from for- eign countries ; and this slighter degree may be termed per- suasive authority. Other instances of the various kinds of authority will be discovered later in this discussion. § 12. The Four Steps in the Use of All Kinds of Authori- ties. The framer of a brief makes use of authorities of all kinds. Much that is said of the mode of using one kind is true of the other kinds also. The kinds with which the present discussion has to do are the primary authorities, and not the secondary. In using the primary authorities, even more than in using the secondary, the investigator takes four comparatively distinct steps : First, one must determine what is the very point upon § 12) INTRODUCTION. 69 which one needs enlightenment. This step is no small matter. It is, indeed, a step that is nearly impossible for a layman; and for the lawyer it can be rendered easy by nothing short of systematic and broad study, consum- ing years of labor, and covering almost the whole field of law. If a layman examines a conveyance of land, for ex- ample, he cannot be expected to discover that there is a possible question as to representing the grantee's first name by a mere initial letter, or as to leaving the grantee's name a blank, to be filled out in the future, or as to omitting the words "to the use of," or, indeed, as to numerous other matters, each of which the lawyer more or less consciously perceives, casts aside as settled, or reserves for investiga- tion. Secondly, one must determine under what headings in an index to statutes, or in a digest, or in encyclopaedias and treatises, and elsewhere, he is likely to find what he wishes. This also is a step demanding skill. It is treated fully in a special part of this volume. Thirdly, one must use the various guides to authorities named in the preceding paragraph, must examine the stat- utes and decisions thus discovered, and must make con- cise and accurate memoranda of the effect and weight of these authorities. The mode of doing this is the special subject of the present discussion. Fourthly, one must weave his results into a connected argument, enforced by references to the authorities. This is obviously the end toward which each step has tended. So far as it can be separated from the other steps, it is the subject of discussion in an independent part of this volume. Each of these four stages of work bears close relation to the other three, and each is undertaken more than once in each investigation. For example, when one comes to the last stage one is not unlikely to discover that in the original problem one element was overlooked, or that there is some new title under which the topic may be found in books, or that there is some additional statute or decision, or that there is some new view to be taken of the authorities al- 70 HOW TO USE DECISIONS AND STATUTES. (Part II ready examined. Thus one goes backward and forward, never feeling that any step of his work is completed until the brief comes from the printer. Yet the steps are fairly distinct, nevertheless; and, as has been already indicated, the third one is the special sub- ject of the present discussion. In other words, the present attempt is simply to explain how the brief maker, having already determined exactly what is his desired proposition of law, and exactly what are the titles under which he is to find appropriate matter, makes use of the references ob- tained under such titles, and particularly how he makes use of the primary authorities, namely, decisions and statutes. § 13. Preliminary Points as to Making Notes. If the beginner wishes to avoid wasting his labor and time as too many of his predecessors have wasted theirs, his memoranda as to authorities will be made in accordance with some such system as will be outlined in the following four cautions. The first caution is that each statute or decision showing any promise of being pertinent, whether for or against the investigator's contention, must be examined in the orig- inal, and not in any condensation or paraphrase; for any- thing other than the original is a mere guidepost, and not the thing sought, and one's own possible errors and the pos- sible errors in the original are quite as many dangers as one wishes to encounter. The second caution is that unnecessary duplication of work must be avoided. No statute or decision should be examined oftener than once, unless it be unusually im- portant or difficult. Consequently it is necessary to keep a record of each citation examined. The third caution is that the record of citations must con- tain a memorandum, however short, indicating whether the citation is valuable or valueless, and whether the citation is likely to be used on the investigator's side of the argument or on the other side. The most convenient mode of making this informal but valuable record is to devote to each inves- § 14:) INTRODUCTION, 71 tigation an independent notebook,^ or series of notebooks, to be used from the beginning to the end of the investigation, and to be preserved as long as one remains in business. This precaution against the loss or repetition of one's work is frequently forgotten by lawyers; but it is an important labor-saving device, and as long as the compiler of such a notebook lives he will occasionally find value in even his apparently most inartistic memoranda: "Wrong citation," "Not in point," "Against us," "Distinguishable," "Divided court," "Cites authorities," "Quote," "Strong case," "Over- rules series of cases," "Under statute," "Examine again," "Statute repealed." The fourth caution is that every citation proving to have exceptional value, whether in one's favor or otherwise, should be reduced to a short and clear proposition of law, with quotation, if necessary, and that this memorandum should be placed at first in the same notebook or system of notebooks, and should be written immediately — ^before the vividness of the impression has passed away. The details of these various cautions may not be applica- ble to every investigation, and, besides, one can usually make for one's own use a plan that is more satisfactory than any suggested by another person; but, with these limita- tions, it may be said that to learn to use statutes and deci- sions is simply to learn how to make with discrimination and accuracy the memoranda, short or long, which, when sifted, expanded, corrected, and arranged, grow into a brief. The present purpose, then, is to explain how to make mem- oranda of statutes and decisions. § 14. The Distinction Between Statutes and Decisions. As was pointed out at the beginning of this discussion, the books to be examined may be divided, as regards their relation to the foundation of law and to one's means of learning the law, into two classes — original sources and sec- ondary sources. Certainly no one would speak slightingly 1 For this purpose a very simple form of notebook Is desirable — say, a book seven inches wide and about eight inches high, with from ten to twenty leaves, bound in paper. 72 HOW TO USE DECISIONS AND STATUTES. (Part 11 of treatises, encyclopEedias, digests, and similar aids in learning the law ; but no one would conceive that they make the law, or even help to make it — save, indeed, as they may tend, in the absence of imperative authority, to persuade the Legislatures or the courts to follow them — or even that they are the most authoritative means for ascertaining What the law now is ; and consequently, as was said at the outset, they must be classed as secondary sources. The only pri- mary sources are decisions and direct legislation, and it now becomes necessary to explain the chief resemblances and differences of these two primary sources of law, Direct legislation is found in constitutions, statutes, and ordinances. These three classes differ in several ways, and especially in usually being adopted respectively by pop- ular vote or constitutional conventions, by national or state legislative bodies, and by city councils or other bodies of narrow jurisdiction; but the three classes have in common three characteristics which for the present purpose are the most important, namely, that they frankly purport to orig- inate law, that they usually mean this new law to govern future transactions only, and that they are embodied in definite terms, which indicate, with comparatively slight op- portunity for dispute, exactly what general rule is meant to be created. There is no one name invariably and exclu- sively appropriated to the three classes of direct legislation. All three are sometimes included indiscriminately under the term "statutory law." The term "written law" is more fre- quently used, and it is preferable because — to lawyers at least — it is unambiguous. The primary source of our knowledge of law which is distinguished from direct legislation is judicial decision. There is a dispute among theorists upon the question whether judicial decisions actually make law. The dis- pute is interesting and important, but it is not useful for our present practical purpose of ascertaining how to use decisions, since one uses decisions in precisely the same manner, whether he believes that they make law, or sim- ply that they demonstrate what the law is. In other words, no one doubts that the existence and the terms of a great § 15) INTRODUCTION 73 part of our law can be proved in no other way than by as- certaining how the jtidges have decided specific cases. Although the decisions are usually reduced to writing, and finally form the volumes of reports, they are said to constitute the unwritten law — an apparent inconsistency in nomenclature, upon which it is unnecessary to dwell just now. As judicial decisions furnish the greater part of the law- yer's skill, fill the greater part of his library, and consume the greater part of his time when he is preparing a brief, it is with judicial decisions that this discussion will deal first. § 15. Summary. Combining the two uses of the word "authority," and an- alyzing each kind of authority into its component classes, the result is this table: Direct legislation. Judicial decisions. r Digests. ^ Encyclopsedias. L Treatises, etc. f Constitutions. i Statutes. (_ Ordinances. Necessary doctrines. Unnecessary doctrines. From, higher court in same jurisdic- tion From same court. From no higher court in same ju- risdiction. From court in an- other jurisdiction. 74 HOW TO USE DECISIONS AND STATUTES. (Part II II. DECISIONS.* (A) The Doctrine of a Decision. § 16. Decision and Opinion. At the outset it is necessary to distinguish words often confused. The ultimate step taken by a court is commonly termed a "decision." This is a comprehensive word, free from technicality. The formal entry of the court's order has different technical names in different courts — the word "judgment" being used in common-law cases, and the word "decree" being used in chancery cases, for example. The statement of the reasons for a decision is in America termed an "opinion," and so is the statement of any judge's rea- sons for dissenting from the decision. An opinion agreed upon by the whole court or by a majority is termed "the opinion of the court." If such an opinion is anonymous, it is in America termed a "per curiam opinion." In England some of these terms have occasionally a different use, "judg- ment" being frequently used as a substitute for "opinion," and "per curiam" being sometimes applied to any opinion of the whole court, whether anonymous or not. The dif- ference between the English and American usages is merely a matter of nomenclature, though, of course, an American lawyer finds it extremely convenient to adhere to the Amer- ican usage. The distinction between "decision" and "opin- ion," however, cannot be dismissed as merely a matter of nomenclature, for it is very important from every point of view, and goes to the very foundation of this discussion as to the use of reported cases. § 17. The Parts of a Reported Case. A complete report of a case may be divided into the title of the case (usually consisting of the name of the plaintiff versus the defendant, but in an appellate court the parties 2 This subject is here treated from the practical point of view of a brief maker. Collateral reading from several points of view may be found in 1 Bl. Oomm. 63-72; 1 Kent's Comm. 471-478; Ram on § 18) DECISIONS. 75 may be reversed) ; a syllabus, otherwise called a "headnote" (in which the reporter attempts to indicate the propositions of law for which the case is an authority) ; the statement of the case (giving such an abstract of the pleadings, evidence, and procedure as may explain what questions of law arose) ; the arguments of counsel (or in recent times usually no more than their names) ; the opinion or opinions (one of the opinions being that of the court, as a rule, and individual opinions, whether concurring or dissenting, being also given occasionally) ; and a brief summary of the decision, i. e., of the result in this court (usually a line or two at the end, sometimes in a special type). In order to ascertain what are the propositions of law for which the case is authority, the layman or the unskillful lawyer will probably be content with the syllabus and a quotation from the opinion of the court. Yet this is not a scientific or a safe course, as will appear clearly enough in the course of this discussion. § 18. The Function of a Court, and the Weight of a Judicial Decision. The explanation of the weight to be attached to a judicial decision as a precedent for future cases may be found by examining the reasons for the existence of a court, and the functions necessarily, or at least naturally, performed by it. The law, obviously enough, is simply a system of rules created by society as a substitute for violence, with the utilitarian purpose that the life of the community may be peaceful and productive. The courts are established to ad- minister the law in disputes between individuals, and also in instances where an individual is complained of by the community. When the rule of law governing the rights of the parties has been established by a legislative body, the Science of Legal Judgment ; Wambaugh on the Study of Cases ; Pollock's First Book of Jurisprudence; and Prof. J. C. Gray's arti- cle on "Judicial Precedents," 9 Harvard Law Review, 27. Cases are collected in 13 Am. Dig. (Cent. Ed.) "Courts," cols. 2128-2185, §§ 306- 361 ; and 5 Digest of English Case Law, "Decided Cases." 76 HOW TO USE DECISIONS AND STATUTES. (Part II the duty of the court is merely to apply such rule of law, after first determining — with or without the intervention of a jury, as the rules of procedure may dictate — ^whether the facts are such as to render the law applicable. Yet even when no legislative body has supplied a rule of law govern- ing the case, the case must be disposed of in some way. In other words, it is part of the judicial duty to decide every case that actually arises. The existence of this duty is the first step in the chain of argument showing the value of judicial decisions as precedents — in other words, as bind- ing proofs of the existence and terms of general legal prop- ositions. The next step in developing the value of judicial deci- sions as precedents is the necessity that each decision shall be based upon a general principle. If the decision is not conceived to be based upon a general principle, there is no rule, no law, and the decision is merely arbitrary. The ab- sence of principle cannot prevent the decision from being binding as between the parties — much as an agreement to settle a dispute by the tossing of a penny might be deemed binding — but the absence of principle in deciding litigated cases strikes any one as unscientific, unjust, and dangerous; for the result of any case not governed by a general prin- ciple may easily be dictated by caprice, prejudice, or in- justice. The old boast of the Medes and Persians that their law did not alter meant, apparently, simply that their judicial system was no respecter of persons, and that con- sequently the result in one case would be precisely the same as the result in another. At any rate, such must be the boast of any nation wishing to be considered enlight- ened. It follows that, in searching for a general rule justi- fying and requiring a decision about to be pronounced, a judge is performing a function which is absolutely neces- sary, and that this is true even though there is no written law governing the very case. Thus far the discussion of the nature of judicial decisions is obvious; for in no country would it be denied that a court must decide all actual cases brought before it, and that the decisions must be made in accordance with some § 18) DECISIONS. 77 general principle. At this point, however, there arises an opportunity for a difference of opinion, or at least for a dif- ference of expression ; for, as the next step in the argument, it is necessary to assume that in some present litigation the court makes a decision which is in accordance with some general principle not found in the written law, and it is then necessary to inquire what effect this present decision should have upon future independent litigations. Will the princi- ple underlying this present decision be accepted as prop- erly controlling future cases, or will each future case, though substantially identical in its facts, be treated as if the principle of law ought to be discovered de novo ? The answer of American law and of all other systems based upon the law of England is that the principle underlying the present decision will be deemed of imperative authority, controlling the decisions of like cases in the same court or in lower courts within the same jurisdiction, unless and until the decision in question is reversed or overruled. Quite different, in form, at least, is the answer of the law of each nation on the continent of Europe, and indeed of all systems based upon the old law of Rome ; for in the so- called civil-law countries each court must in each separate litigation examine each question of law de novo, although it is conceded that past decisions, being the work of learned men, should have a persuasive effect, resembling, and cer- tainly not exceeding, the effect of treatises. In actual prac- tice, the two views appear to be approaching each other, the courts of common-law countries, by reason of the mul- tiplicity of decisions and of jurisdictions, tending to give increased attention to discussions of theory as distinguished from mere precedent, and the courts of civil-law countries, for the same reason, tending to give increased weight to the fact that a question of law has been presented to nu- merous courts and has been habitually decided in one way. Be that as it may, it is still the theory of common-law countries that decisions, within certain limits, are of impera- tive authority. It follows that the general principle dic- tating a decision is extremely important, being in its effect analogous to a proposition of law enacted in a statute. 78 HOW TO USE DECISIONS AND STATUTES. (Part II The American lawyer, then, who contemplates using a certain case in his brief, must carefully ascertain the prin- ciple underlying the decision. Lawyers call the principle the doctrine of the case, or the ratio decidendi. § 19, The Opinion as Distinguished from the Decision. Thus far the discussion of the weight of the doctrine of a case has included very slight mention of the opinion. It is, possible, of course, to decide a case without giving an opin- ion. Conversely, it is possible to utter an opinion without making a decision. It is, however, much more natural that there should be both opinion and decision. What effect, then, does the opinion have upon the ascertaining of the proposition for which the decision is an authority? It must be admitted, on the one hand, that an opinion is not requisite to the validity of a decision, and that, in the absence of a constitutional provision, the delivery of an opinion is not a necessary part of a judge's duty; for it has been decided that, in the absence of a constitutional provi- sion, a court, even in deciding a litigated case, may refuse to obey a statute which requires an opinion.' On the other hand, it cannot be successfully contended that the delivery of an opinion is an improper or even an unofificial act. The truth is that an opinion is a very ancient and a very valua- ble accompaniment of a decision, and that to treat the pro- nouncing of an opinion as extrajudicial would be to do vio- lence to the theory and practice of our system of govern- ment as to the source and weight of case law. Indeed, there are strong practical reasons why the court should announce the principle upon which it acts; for, unless a principle be announced, the court may act, for aught one knows, upon no principle at all, and at any rate a principle unannounced is difficult to ascertain, and thus is not very useful in predicting the results of future conduct and litiga- tion. These are the homely reasons for the custom, cen- turies old, of having courts, permanent judges, the priv- ilege of public attendance in court, and the pronouncing 3 See Houston v. Williams, 13 Cal. 24, 73 Am. Dec. 565 (1859). § 20) DECISIONS. 79 of judicial opinions containing the grounds for the court's results. On this subject, Edmund Burke wrote: "Your com- mittee do not find any positive law which binds the judges * * * to give a reasoned opinion from the bench in sup- port of their judgment. * * * gy^ tjig course hath pre- vailed from the oldest times. * * * 'p^e judges, in their reasonings, have always been used to observe on the argu- ments employed by the counsel on either side, and on the authorities cited by them. * * * The English juris- prudence has not any other sure foundation, nor, conse- quently, the lives and properties of the subject any sure hold, but in the maxims, rules, and principles, and tradition- ary line of decisions contained in the notes taken, and from time to time published (mostly under the sanction of the judges), called 'Reports.' * * * The elementary trea- tises of law, and the dogmatical treatises of English juris- prudence, whether they appear under the name of 'Insti- tutes,' 'Digests,' or 'Commentaries,' do not rest on the au- thority of the supreme power, like the books called the 'Institute,' 'Digest,' 'Code,' and authentic collations in the Roman law. With us, doctrinal books of that description have little or no authority, other than as they are supported by the adjudged cases and reasons given at one time or other from the bench, and to these they constantly refer. * * * To give judgment privately is to put an end to reports, and to put an end to reports is to put an end to the law of England. * * * Nothing better could be devised by human wisdom than argued judgments, publicly deliv- ered, for preserving unbroken the great traditionary body of the law, and for marking, whilst that great body remain- ed unaltered, every variation in the application and the construction of particular parts." * § 20. To What Extent Does the Opinion, as Distinguished from the Decision, have Imperative Authority? An opinion, then, being really not requisite, but certainly « Report from Committee to Inspect the liOrds' Journals, 11 Burke's Works (Boston Ed., 1869) 1, 41-45. 80 HOW TO USE DECISIONS AND STATUTES. (Part II customary, desirable, official, and, in short, judicial, what is its binding force? In other words, what is the authority of the opinion, as distinguished from the decision accom- panied by it? The answer is that as mere opinion the opin- ion has no authority of an imperative nature, but that it does have such authority in so far as it voices the principle actually dictating the decision. As judges are a skilled class of a skilled profession, the normal state of affairs is that the opinion phrases accurately and fully the reasoning upon which the decision was based. From such an opinion can be easily framed, possibly even quoted, the proposition of law for which the case is an im- perative authority. It is obvious, however, that the opinion may omit the reasoning upon which the decision really rested, or may give reasoning which really had no part in the decision; but these more or less abnormal phenomena may be postponed for the present. In dealing, then, with the normal example of a reported case, the brief maker determines the ratio decidendi by as- certaining what question was taken to the court whose decision is reported, what disposition was made of th^ question, and what grounds for this decision were expressed by the court. § 21. Hypothetical Cases. In tracing the reasons for the imperative authority of judicial decisions as precedents in our system of law, it was pointed out, at almost the starting point of the argu- ment, that, as a court is founded for the practical purpose of terminating controversies, a court must decide every case properly brought before it. Conversely, a court has no power to pass upon questions which are merely hypothet- ical. Indeed, if a court could decide questions that have not yet arisen in actual litigation, and thus could fix a rule for future cases, a court would have a function that is purely legislative. The deciding of actual cases is a judicial neces- sity, and the various arguments in favor of uniformity of decision give to the doctrine of the actual case, according to our system of law, a force that is quasi legislative; but § 21) DECISIONS. 81 this quasi legislative power of the judiciary is strictly con- fined within the limits of the function to which it is incident, and by which it is created — the function of deciding actual cases. Courts therefore commonly refuse to lay down a doctrine otherwise than in the course of actual litigation. They may even decline to answer questions propounded by the execu- tive or legislative departments of the government, unless by the Constitution of the state they are required to answer; and they hold unconstitutional a statute which, in the ab- sence of such constitutional requirement, exacts answers from them.'^ The Constitution of the United States im- poses no such duty upon the judiciary, and during the presidency of Washington the Supreme Court of the United States disposed of the point once for all by declining to an- swer questions propounded by the President and Cabinet." When the Constitution of a state does require answers by the judges to questions propounded by the executive or legislative departments, the answers' are given, of course ; but, even in the court giving them, these answers are deem- ed merely extrajudicial advice to the persons propounding the questions, and are not treated as binding upon the court in case actual litigation should follow.'' Nor, by the way, are the answers treated as binding by the persons pro- pounding the questions. A fortiori, a court will not pass upon a question pro- pounded by private persons, otherwise than as a neces- sary incident of actual litigation.' It must be remembered, however, that the construction of a will or the request of a trustee for instructions creates a necessity for judicial decision, even though the occa- sionally amicable nature of such a suit causes that which is theoretically contentious litigation to resemble the rais- ing of a question by mere collusion. « See Application of the Senate, 10 Minn. 78 (Gil. 56), (1865). « See 1 Thayer's Cases on Constitutional Law, 175, 176, note, and 183, note. 1 See Green v. Commonwealth, 12 Allen (Mass.) 155 (186C). 8 See Capen v. Insurance Co., 12 Cush. (Mass.) 517 (1853). Brief Mak.— 6 82 HOW TO USB DECISIONS AND STATUTES. (Part 11 It is obvious that neither the giving of advice under a constitutional requirement, nor the deciding of a suit of essentially an amicable nature, furnishes an exception to the rule that a court's judicial functions are restricted to the deciding of questions arising in actual litigation. On the contrary, when properly understood, these two instances of the work occasionally performed by courts are useful illus- trations — working in opposite directions — of the existence, reason, and extent of the rule. § 22. Dicta. From the same reasoning that explains the inability of a court to take jurisdiction of hypothetical cases, it follows that, if a court, in dealing with an actual case, proceeds to decide an hypothetical case also, the treatment of the hy- pothetical case will be extrajudicial, ultra vires, not binding upon the very court or upon any other. Yet it is almost inevitable that the opinion, by way of illustration or ex- clusion or other discussion, will go beyond the exact needs of the very problem presented to the court. Such passages are deemed to have been merely "spoken by the way" — "obiter dicta." An obiter dictum is usually called a "dic- tum," but now and then it is called an "obiter," and, as it sometimes begins with the words "it seems," it is occa- sionally called a "semble." As a dictum is by definition no part of the doctrine of the decision,*and as the citing of it as a part of the doctrine is almost certain to bring upon a brief maker adverse comment, lawyers are accustomed to speak of a dictum rather slightingly, and sometimes they go so far as to intimate a belief that the pronouncing of a dictum is the doing of a wrong. Yet it must not be for- gotten that dicta are frequently correct, and that to give an occasional illustration, or to say that the doctrine of the case would not apply to some case of an hypothetical nature, or to trace the history of a doctrine, even though it be con- ceded, as it must, that such passages are not essential to the deciding of the very case, is often extremely useful to the profession. What is clear is that dicta are not part of the ratio decidendi, and hence are not of imperative au- § 23) DECISIONS. 83 thority. It is equally clear that dicta are entitled to some force. It is true that, as they are not required as steps to- ward the decision of the very case, they may have been uttered without full argument from counsel and without full consideration from the court; but if they can be shown to have been considered carefully, or to have been pro- nounced by unusually skillful judges, already well ac- quainted with the subject, no lawyer denies that they are of consequence. Whether well considered or not, they are en- titled to be treated as statements of opinion emanating from men of learning. They resemble statements in legal trea- tises. In short, like all expressions of opinion from per- sons learned in the law, dicta must be conceded to have that sort of influence upon the minds of lawyers which has al- ready been described as persuasive authority. § 23. Unnecessarily Broad Language. Intermediate between the authoritative doctrine of a deci- sion and a mere dictum lies an unnecessarily broad state- ment of a principle which is really decisive of the problem before the court, and which therefore cannot be treated as wholly unnecessary. It is, indeed, difficult to determine precisely how broad should be the statement of the reason dictating the decision. There is no question at all that some of the peculiarities of the problem in hand have noth- ing whatever to do with the solution. The age of the plain- tiff, for example, is usually irrelevant, and yet there are cases where it becomes the really distinctive and conclusive feature. The pleadings do much towards demonstrating what features are important, especially when the pleadings finally frame a distinct issue of law by reason of a demurrer; and the procedure by which the case is taken to a higher court is also of great utility in explaining what is the pre- cise question. Yet, notwithstanding pleadings and proced- ure, there frequently remain facts which conceivably color the problem in such a way that it is difficult to determine whether the coloring is not an essential feature of the gen- eral principle controlling the decision. When the court conceives that the coloring is immaterial, and therefore 84 HOW TO TJSE DECISIONS AND STATUTES. (Part 11 utters a general principle ignoring the coloring, and such general principle is the real basis for the decision, the case is unquestionably an imperative authority for such general principle. On the other hand, if the general principle, though uttered without limitation, was uttered merely be- cause of the presence of the element just now called the coloring, the coloring itself is really a part of the reason of the decision, and the court's ignoring of the coloring was merely apparent; and then the court's failure to mention the coloring should be treated as a mere inadvertence, or as the conscious utterance of an unnecessarily broad doctrine, whose unnecessary broadness is in effect dictum. It is diffi- cult, when one has vividly in mind a specific state of facts, to phrase a proposition of law which will not cover more cases than are intended; and hence it is common for judges to insist that their language should be construed carefully in the light of the actually surrounding circumstances. ° Consequently, in framing a memorandum of the ratio de- cidendi of any case, the brief maker must be careful to avoid copying excessively broad propositions, and to make his statement of the doctrine of the case no broader than would be approved by the court making the decision, if that court were, so to speak, subjected to cross-examination. § 24. Two Grounds for Same Decision. When the court finds that its decision — ^for example, the reversal of the judgment of a lower court — can be rested •upon either one of two or more independent grounds, it is obviously possible for the court to ignore all the grounds except one, and to proceed to base its decision upon that one; and hence it is arguable that, if the court rests its decision upon more than one of the possible grounds, it is 9 See Brisbane v. Dacres, 5 Taunt. 144 (1813), per Mansfield, O. J. ; Cohens v. Virginia, 6 Wheat. 264, 399-402, 5 L. Ed. 257 (1821), per Marshall, C. J. ; Smith v. McGulre, 3 H. & N. 324 (1858), per Pollock, C. B. ; Udell v. Atherton, 7 H. & N. 172 (1861), per Wilde, B. ; Irvine V. Watson, 5 Q. B. D. 414 (C. A. 1880), per Baggallay, L. J. ; Ex parte Yarbrough, 110 U. S. 651, 4 Sup. Ct 152, 28 L. Ed. 274 (1884) per Miller, J. § 2S)f DECISIONS. 85 doing more than it is compelled to do, and hence more than it has a right to do, and that consequently the opinion, in so far as it goes upon more than one of the possible grounds, is in effect a dictum, and thus merely of persuasive authority. The argument is specious, but it does not repre- sent the view that lawyers take. The court has a perfect right to pass upon the whole case, and to base its decision upon as many points as it finds to be available. If the court does pass upon more than one ground, and indicates clearly that it is content to rest its decision upon each ground so passed upon, then each of the grounds thus ap- proved becomes the basis of a general principle for which the decision is of imperative authority.^" It is true, on the other hand, that the weight of the case as to any one ground wiy be lessened by any indication that this ground was deemed unimportant or was not examined with full consid- eration; and it is also true, of course, that if the court re- fuses to pass upon one of the grounds the decision is of no authority at all as regards the ground thus ignored and repudiated. § 25. Two Opposite Holdings at the Same Stage of the Case. Somewhat similar to the discussion in the preceding para- graph is the discussion of the effect of the court's deciding different points in the case in behalf of different parties. It is possible, for example, for the higher court to decide that as to one error alleged by the appellant the lower court was right, and as to another wrong. It is obvious that the ulti- mate act of the court above in such a case — the setting aside of the judgment of the court below — was dictated wholly by the view that the court below had committed an error ; and consequently it is arguable that, in so far as the court above expressed an opinion that as to one point there was no error, the court above was doing something unnecessary as a step towards its ultimate act, was uttering a dictum, 10 See Hawes v. Water Co., 5 Sawy. 287, 295-298, 11 Fed. Cas. 862, 865, 866 (1878) ; State v. Brookhart, 113 Iowa, 250, 255-258, 84 N. W. 1064 (1901). 86 HOW TO USE DECISIONS AND STATUTES. (Part II and created, at best, an opinion of only persuasive author- ity. The argument is merely specious. In truth, the higher court has decided two points — one in one way, and the other in another — and each decision was independent ; and, though the ultimate judgment of reversal flowed from only one of the decisions, each decision was of a judicial nature, and the principles underlying the respective decisions are properly to be treated as of imperative authority. How- ever, here, as before, it must be added that as to the point upon which the higher court found no error the weight of the decision will be weakened by any indication that the court's consideration of this point was slight. § 26. Several Errors Claimed, and None Found. Verbally similar to the two instances of two or more min- gled decisions just now discussed, but essentially very dif- ferent, is the question arising when the court above is asked to pass upon several suggested errors of the court below, and finds that there are no errors at all, or when the court is asked to pass upon several grounds of demurrer to a pleading, and finds that no one of the grounds is sustain- able. As the finding upon each point is really essential to the court's ultimate ruling — the affirming of the judgment of the court below, or the overruling of the demurrer — it ought to be obvious to even the most technical person that the decision of the court in question is of imperative authority as to each point, and also that the weight of the opinion is in no way lessened by the presence of the several points. Yet it must be admitted that occasionally errors counter- act each other. Hence, occasionally, when two allegations of error are taken to a court above, there may be an affirm- ance which is not based upon the court's belief that there was no error. This is a formal qualification of the discus- sion just now given, but it is not an important qualification, for the case seldom arises, and it is detected very easily. § 27. Discordant Opinions Agreeing in Result. There remain three instances in which the ascertaining of the doctrine of a decision is unusually difficult, and some- times impossible. § 28) DECISIONS. 87 The first of these instances is encountered when the judg- es, though all or most of them agree in result, differ as to the grounds of the decision. ^^ The difference may be of any degree of intensity, and when it is extreme the brief maker cannot safely say what is the general principle, and must content himself with stating the case and the result and then giving some indication of the grounds assigned by the several judges.^^ Now and then it may be possible to harmonize opinions apparently diverse, but surely one must hesitate to insist that but one doctrine was held by judges who professed to disagree. § 28. Opinion Ignoring Point. Another diificulty, sometimes insuperable, is encountered when the opinion of the court ignores the point which the brief maker deems the real explanation of the decision. Now and then, doubtless, the point is so obviously present that the court must be understood to have seen it, and to have given to it due weight. Oftener, however, it is more easily arguable that the point was wholly overlooked and that it had no effect, consciously or unconsciously, upon the court's decision. It is certainly somewhat dangerous to assume that the court intentionally adopts a principle which its opinion does not suggest. Although there are instances where the silence of the court as to an obvious point can- not be imputed to ignorance or inadvertence, and where, therefore, the brief maker may properly venture to cite the case to an .unmentioned proposition,^^ it is hardly neces- sary to add that his memorandum must carefully point out that he has done this, and why he has done it. 11 A famous Instance is Dred Scott v. Sandford, 19 How. 393, 15 L. Ed. 691 (1857). See 1 Thayer's Oases on Constitutional Law, 493, note. 12 See Sturges v. Crowninshield, 4 Wheat. .122, 207, 208, 4 L.Ed. 529 (1819), and the comments upon that case by Johnson, J., in Ogden V. Saunders, 12 Wheat. 213, 272-273, 6 L. Ed. 606 (1827). 13 See the comments by Harlan, J., In United States v. Texas, 143 U. S. 621, 642, 12 Sup. Ct. 488, 36 L. Ed. 285 (1892). 88 HOW TO USE DECISIONS AND STATUTES. (Part H § 29. No opinion. The third difficulty is distinctly similar to the one just now considered. It arises when there is no opinion at all. Then the safe course for the brief maker, clearly, is simply to state the case and the result. Now and then a certain point was taken to the court so obviously as to render it possible for any careful reader to say that the decision made by the court must be understood to contain a proposition upon that point; but here, again, it is hardly necessary to say that no brief maker would venture to frame this prop- osition of law without appending a memorandum of the ab- sence of an opinion. § 30. The Reporter's Syllabus. Thus far the discussion has not touched upon the value of the reporter's syllabus, commonly called the headnote. As the syllabus should be made in much the same manner as that suggested for the brief maker's memorandum of the doctrine of a case, and as the framer of the syllabus is usual- ly a careful lawyer, no one can fail to appreciate that the syllabus is of great assistance to the lawyer who is in haste, and that even the most leisurely and scholarly investigator finds the syllabus a useful guide. Yet no one who has had much practical experience thinks of relying upon the sylla- bus exclusively. The reporter knows that dicta are useful^ and hence he is very likely to overload his syllabus with dicta — too often omitting the warning "dictum," "it seems," or "semble." Again, the syllabus frequently states the facts and pleadings with unnecessary fullness. Finally, the syl- labus, overloaded with dicta and with the statement of the case, may leave the reader at a loss to determine what really was the ratio decidendi. These are difficulties found even in syllabi which are accurate, as far as they go, but unfor- tunately some syllabi are simply wrong.^* These are rea- sons enough for the careful practititioner's unwillingness to 1* See the criticisms in Ogden v. Saunders, 12 Wheat. 213, 272, 6- L. Ed. 606 (1827), per Johnson, J., and in Behn v. Burness, 3 B. & S. 751, 760 (Ex. Ch. 1863), per Williams, J. § 30) DECISIONS. 89 rely upon the syllabus exclusively, and, besides, however carefully and skillfully a syllabus may have been framed, it has probably not been framed from the point of view of this present investigation, or with the enthusiastic attention that ought to be exercised by the lawyer to whom this one case may be of paramount importance. Back of these prac- tical reasons are reasons based upon the line of thought which has been elaborated in explaining how it happens that a case is an authority of an imperative nature for some prop- ositions, and an authority of only a persuasive nature, to say the most, for certain other propositions which are asserted in it quite as emphatically. The syllabus cannot enlarge or diminish that proposition of law which can be ascertained by examining the statement and the result, and by then studying the reasoning in the opinion. Even though the syllabus be the handiwork of the judge who wrote the opin- ion of the court, as often happens, the same caution must be expressed, for the judge's own syllabus, in so far as it de- parts from the ratio decidendi as determined in accordance with the explanation now given, is a mere dictum. Indeed, the framing of a syllabus is extrajudicial, and cannot be im- posed upon a court otherwise than by a constitutional pro- vision.^^ Further, to digress for a moment from the direct line of this discussion, even a constitution cannot cause a syllabus to enlarge or diminish or otherwise qualify the doc- trine of the decision, for otherwise the framer of the sylla- bus would have such a legislative power as is incapable of de'^legation by the Legislature; but conceivably this result would be otherwise if the constitution in question failed to discriminate between legislative and judicial functions, and to assign each to the appropriate department. The practical result of these considerations as to syllabi is that the competent lawyer uses the syllabus as a prima facie guide, and no more, in determining whether the case should be examined carefully as an authority for or against him. 15 See Ex parte ariffiths, 118 Ind. 83, 20 N. E. 513, 3 L. R. A. 398, 10 Am. St. Rep. 107 (1888). 90 HOW TO USE DECISIONS AND STATUTES. (Part U § 31. An Example of the Mode of Extracting the Doctrine of a Decision. For the purpose of showing the lawyer's mode of deter- mining the doctrine of a decision, it will be useful to exam- ine the famous case of Irons v. Smallpiece.^* The question was whether the title to personal property passes by an oral gift without delivery. The question arose in an action of trover for two colts. The plaintiff was the donee. The defendant was the exec- utrix of the donor, who was the plaintiff's father. An oral gift of the colts seems to have been made by the testator to the plaintiff, a year before the testator's death. The colts were never taken out of the testator's possession. Six months before the testator's death the testator agreed to furnish hay at a stipulated price, but until three or four days before his death none was furnished. On these facts, in the court below, Abbott, C. J. (later Lord Tenterden), took the case from the jury, and directed a nonsuit. In the court above — the Court of King's Bench — counsel for the plaintiff, arguing in favor of setting the nonsuit aside, stated that in Wortes v. Clifton ^' it was laid down by Coke, C. J., that, although in the Roman law a gift of goods is inefficacious without delivery, in our law the rule is otherwise. The judges, however, agreed that the nonsuit should not be set aside. They delivered separate opinions. Abbott, C. J., said, in part: "In order to transfer property by gift there must either be a deed or instrument of gift, or there must be an actual delivery of the thing to the donee. Here the gift is merely verbal, and differs from a donatio mortis causa only in this respect : that the latter is subject to a condition that, if the donor live, the thing shall be restored to him. Now, it is a well-established rule of law that a donatio mor- tis causa does not transfer the property without an actual delivery. * * * This property in the colts did not pass 18 2 B. & Aid. 551 (1819). 17 1 Rolle's Rep. 61 (1614). § 31) DECISIONS. 91 to the son by the verbal gift; and I cannot agree that the son can be charged with the hay which was provided for these colts three or four days before the father's death, for I cannot think that that tardy supply can be referred to the contract which was made so many months before." The other judges concurred, Holroyd, J., saying, in part : "In order to change the property by a gift of this description there must be a change of possession. Here there has been no change of possession. If, indeed, it could be made out that the son was chargeable for the hay provided for the colts, then the possession of the father might be considered as the possession of the son." And Abbott, C. J., added: "The dictum of Lord Coke in the case cited must be under- stood to apply to a deed of gift." Thereupon the Court of King's Bench gave judgment for the defendant, the reporter's short summary of the re- sult being simply, "Rule refused." Noticing exactly what was the point that had to be de- cided in the court above, one sees that this case cannot be cited as an imperative authority for any proposition other than that title to a chattel does not pass by a merely oral gift inter vivos, while the chattel remains in the donor's possession. The judges certainly indicated their views up- on other propositions. They showed clearly their belief that an oral gift of a chattel, with change of possession, passes title, and that an instrument under seal or any other written instrument of gift may pass title without change of possession of the chattel itself; but upon these proposi- tions, and others that may be found more or less clearly indicated in the opinions, what the judges said was not req- uisite for their decision, for they did not decide that the gift before them passed title, and hence their statements of the hypotheses upon which title would pass were mere dicta, however sound they may be. Taken in connection with the discussion already given, this one case of Irons v. Smallpiece may be enough to show both how the judges deal with the sayings of prior courts and how the brief maker may venture to discard dicta and to ascertain the true ratio decidendi. It is probably unnec- 92 HOW TO USE DECISIONS AND STATUTES. (Part 11 essary to discuss further the principle underlying the dis- tinction.^' It really seems that the whole truth as to the lawyer's view of ratio decidendi and dictum can be stated in very few words. Just as the religious teacher, modestly recognizing his own limitations, though knowing the value of example, says, "Not what I do, but what I say," so the judge, recognizing his own liability to express himself in- accurately, says, "Not what I say, but what I do." Thus it happens that the doctrine of the decision is most safely as- certained by finding precisely what question was taken to the court and what disposition was there made of the case, and by then extracting, with the aid of the opinion, the gen- eral proposition or propositions which dictated this result. (B) Circumstances Affecting the Weight of the Doc- trine OF A Decision. § 32. The Necessity of Noticing the Circumstances. In the course of the discussion which has had for its ob- ject the drawing of the extremely important distinction be- tween doctrine and dictum, it has appeared incidentally that there are other distinctions affecting the weight of the prop- ositions for which counsel on one side or the other may be expected to cite a case. As the brief maker's memoranda should indicate accurately the weight of the case in so far as the case has bearing upon the object of his investigation, it is necessary for him to take account of these modifying circumstances, and not to content himself with ascertaining the doctrine and indicating that certain matter is mere dic- tum. It will be discovered that the circumstances affecting weight are numerous. Indeed, it is impossible to give an exhaustive list. It is necessary to take account of those which are the most important; and it is necessary also to 18 Discussions In harmony with the text may be found in Chase v. Westmore, 5 M. & S. 180 (1816) ; Peacock v. Purvis, 2 Brod. & B. 362 (1820) ; King v. Hoare, 13 M, & W. 494, 503, 504 (1844) ; Griffith v. Fowler, 18 Vt. 390 (1846) ; Eiehholz v. Bannister, 17 C. B. N. S. 708 (1864) ; Hans v. Louisiana, 134 U. S. 1, 10 Sup. C?t. 504, 33 L. Ed. 842 (1890). § 33) DECISIONS. 93 bear in mind that when the circumstances make a decision extraordinarily weighty they do not prove that it is right or that it will be followed, and that when the circumstances make the decision extraordinarily weak — hardly better than the merest dictum-^they do not prove that it is wrong or that it will be ignored. Yet after these limitations have been stated as to the importance of the circumstances now to be enumerated, the fact remains that the circumstances are a constant subject of comment, must not be ignored, and ought to be represented in the brief maker's notes by some system of concise and clear memoranda. For purposes of convenience, the circumstances usually commented upon will be arranged in groups ; but the meth- od of grouping is not a matter of much importance, as it may well change according to the point of view. § 33. First Group: Circumstances Affecting Thorough- ness of Consideration. In discussing dicta, it probably became clear that their lack of great weight — even their occasional lack of great persuasive authority — although due theoretically to their somewhat extrajudicial character, is also justified from a purely practical point of view by the customary absence of careful deliberation in uttering them. Similarly, lack of thorough consideration will reduce — even destroy — the weight of the very ratio decidendi. There are numerous examples. First, there may be no argument ; and then there certain- ly cannot be thorough consideration. Secondly, there may' be argument on only one side. Thirdly, the argument may fail to cover fully the doctrine upon which the decision went. Fourthly, the case may be merely an amicable suit, and hence decided without thorough contention and delibera- tion. Fifthly, the court may be hurried, as is ysual at nisi prius. Sixthly, the case may be of a political nature, or in some other manner may appeal to the court's prejudices, thus ren- dering it possible to contend that the decision is not the result of thorough and unbiased consideration. 94 HOW TO USE DECISIONS AND STATUTES. (Part II Seventhly, the court may fail to notice the existing au- thorities, and thus may negative thoroughness. Eighthly, the question may never before have come be- fore a court — the case being, as is said, a case.of first impres- sion — and, thus through no fault of counsel or judges, the decision is open to the criticism that perhaps not all the pos- sible consequences of the doctrine were discovered. . Ninthly, the consideration of the case, however thorough, may not have been sufficient to carry conviction to the minds of even the court making the decision ; and thus the weight of the ratio decidendi is lessened by a dissent. Tenthly, according to a common view, if the members of the court divide evenly — so that in an appellate court, for example, there is what is termed an affirmance by neces- sity — the weight of the decision is reduced to zero.^* Eleventhly, the court may deal with the point in ques- tion slightingly, upon the ground that the decision can be rested easily upon another point. Twelfthly, the opinion may ignore the point altogether, so that, as has already been explained, it is difficult to say that the point is really part of the doctrine in the mind of the court. Thirteenthly, the opinion may be anonymous, and thus subject to the comment that work for which no one person is peculiarly responsible is likely to be slipshod, even though indorsed by the whole court. Fourteenthly, there may be no opinion at all. Conversely, each of the adverse criticisms may be match- ed by a comment that is favorable ; ^" and, especially, it must be noticed that extraordinary weight attaches to an opinion which in England follows a curia advisari vult or in the United States follows a rehearing. § 34. Second Group: Defective Reports. As what is authoritative is merely what the court did and said, and not at all what the reporter may say that the court 19 See Morse v. Goold, 11 N. Y. 281, 285, 62 Am. Dec. 103 (1854). 20 See, for exaraple, the comments in Merchants' Ins. Co. v. Clapp, 11 Pick. (Mass.) 56, 64 (1831), per Wilde, J. § 34) DECISIONS. 95 did and said, and as this is true even though the reporter be — as in most jurisdictions he now is — a public official, it fol- lows that the authority of a reported case is overthrown or modified by any circumstance which shows the report to be inaccurate or substantially incomplete. The more important specific instances belonging to this group of defects will now be stated. First, the syllabus may be so unsatisfactory as to show that the reporter did not understand the case that he was attempting to report, and hence that his statement of the facts and pleadings and procedure, or indeed any other item of his work, may be wrong. Secondly, the statement of the case may be so scanty or confused or inaccurate that it is impossible to ascertain what question actually went to the court. Thirdly, the opinion may be unsatisfactorily condensed. This is more likely to occur in England, where opinions are usually oral, than in the United States, where they are usually written, and then reported in full. Fourthly, the summary of the disposition made of the case may be omitted. Fifthly, there may be some inconsistency between the several parts of the report. Sixthly, the case may be reported with substantial differ- ences in several reports or periodicals. This is a difficulty encountered now and then with English cases, from the earliest days of reports down to the present time. Seventhly, although no defect is observable in the very case, it may happen to be reported by a reporter of bad standing. This is a difficulty encountered with a consid- erable number of early cases, partly for the reason that some early volumes were unauthorized publications of hur- ried notes taken in court and never revised; but the diffi- culty is almost nonexistent with cases occurring since the American Revolution. ^^ On the other hand, the case may be entitled to the favor- able comments that the report is full, accurate, and clear, 21 The standard authority on the reputation and peculiarities of reports is Wallace's The Reporters. 96 HOW TO USB DECISIONS AND STATUTES. (Part II and the work of some reporter of unusually high standing — such as Plowden, Saunders, or Burrow, in England, and Wheaton, Story, Sumner, or Johnson, in the United States. § 35. Third Group: Later Authorities in Same Jurisdic- tion. Even though the doctrine of the case can be clearly ascer- tained and the case is free from any of the adverse criticisms heretofore stated, the case may have become of little or no authority by reason of later decisions in the same jurisdic- tion. There is an interesting difficulty, and not a mere verbal puzzle, involved in the two apparently inconsistent theories which our system of law holds as to the binding effect of judicial precedent. On the one hand, the doctrine of the decision is deemed of imperative authority, binding this court and subordinate courts also. On the other hand, the court can overrule its own decisions, distinctly refusing to apply the principle of former decisions to new cases ; and it is conceded to be the duty of the court to overrule its old decisions in case those decisions can be clearly shown to be unjust, inconvenient, or inharmonious with the more gener- al principles and analogies of law. It is true that the House of Lords, according to a theory of recent origin, is supposed to be unable to overrule its own decisions; but the power is really inherent in all courts, and it is unquestionably ex- ercised by the House of Lords, as witness the recent sub- stantial modifying of Allen v. Flood '^^ by Quinn v. Lea- them.^^ Further, it is possible for a lower court to refuse to be bound by the decisions of a higher court; but this course, except in instances where the higher court can be clearly seen to have blundered, is not conceded to be desirable or proper. It is certainly possible to argue that the recognition of the propriety of a court's overruling its own decisions places 22 [1898] A. C. 1. 23 [1901] A. C. 495. § 35) DECISIONS. 97 those decisions upon the plane of merely persuasive author- ity, and causes our theory of judicial precedent to be sub- stantially like the theory held upon the continent of Europe. Yet in truth the "two theories are different, and the two practices as to this matter are also different. Doubtless, as continental jurists concede a certain respect, though no bind- ing force, to judicial precedents, and as our lawyers con- cede the propriety of overruling decisions of imperative au- thority, there is a verbal similarity between the two points of view. Yet in reality the continental jurists emphasize the importance of deciding each case as if it were a new one, rather than the propriety of following the example of earlier decisions; whereas our lawyers emphasize the im- portance of respecting precedents, rather than the, possibili- ty of hewing out a new path. The difference in emphasis marks a vital difference in both theory and practice. As has been said in a previous part of this discussion, the vast mul- tiplication of reports on the continent of Europe and in countries using our own system of law is apparently bring- ing the practices as to the use of authorities into somewhat the same condition, continental judges finding, especially when overburdened, that the decisions of other judges are a great source of enlightenment, and our own judges, over- whelmed by discordant decisions from many jurisdictions, finding that it is sometimes easier and more satisfactory to choose a path dictated by theory ; but the approximation remains slight, and it would be a mistake to infer that there is any substantial change in the theories of the lawyers de- voted to either one of the great modern systems. Notwith- standing the occasional decision confessedly refusing to fol- low the decisions of other jurisdictions, and the occasional decision overruling the doctrine of the very court, the theory requiring precedents to be respected — frequently called the "rule of stare decisis" — continues to be one of the distin- guishing marks of our system of law-. Yet, as has been indicated, the authority of a decision is gravely affected by later decisions in the same jurisdiction. This happens in several ways. First, if the decision be made by a court of first resort or Brief Mak.— 7 98 HOW TO USE DECISIONS AND STATUTES. (Part IT by an intermediate court, the decision in the very case may happen to have been reversed by a higher court. Secondly, even if the decision be rendered by a court of last resort, the decision in the very case may have been re- versed upon a rehearing; and in some jurisdictions rehear- ings are granted rather frequently. Thirdly, even though the decision may stand forever in the very litigation, the doctrine of the decision may have been frankly overruled in some other litigation in the same court or in some court of higher jurisdiction, in accordance with the power which a court of higher jurisdiction must al- ways have, lest it be actually controlled by courts of lower jurisdiction, and in accordance with the power whereby the very court, even under the theory of stare decisis, can refuse to be guided by its own decisions, as already has been ex- plained. Fourthly, although the decision may not have been over- ruled frankly, there may have been a decision that over- ruled it silently; and then there is a question whether the later inconsistent decision must be discredited as a mistake or must be accepted as an overthrow of the earlier doctrine. Fifthly, although the decision may not have been over- ruled, a court capable of overruling it may have refused to apply it to a later case coming within its doctrine, taking some distinction which confines the doctrine of the earlier case within very narrow limits, and which, likely enough, foreshadows ultimate overruling. This is, indeed, the most frequent mode of correcting what is conceived by the court to be an error — a mode pursued naturally enough, since it somewhat conceals the rather embarrassing allegation of error, and easily quiets the mind as to the possible conflict between the power of overruling and the rule of stare de- cisis. Sixthly, although the decision may not have been over- ruled or even distinguished, it may have been expressly dis- approved by the same court or by some higher court. As mere disapproval cannot occur except in a case not directly involving the doctrine disapproved — for otherwise the dis- approval would pass into overruling, or at least into dis- § 36) DECISIONS. 99 tinguishing — it follows that mere disapproval is in effect mere dictum, and can have only persuasive authority, and not imperative authority; but the express disapproval may be a strong indication that, when the point is squarely raised, the decision criticised will be overruled. Seventhly, although it may not be possible to point out any decision that affects the point in question in any one of the ways enumerated, it sometimes happens that the profession has grown to ignore the old decision as wrong or obsolete ; and though this does not happen often, when this does hap- pen, the old decision is very likely not to be followed in case the point is squarely raised again. This is one of the in- stances in which lawyers rather mystically, though soundly, say that a decision is "not law." On the other hand, the case in question may be one of a series, extending to the present time, applying the doctrine in instances where it is part of the ratio decidendi, approving it by dicta in other instances, and even extending it to cases which seem to be outside its original scope. When this happens, the doctrine is impregnable — and more than im- pregnable, for it is an active and conquering force. There is, indeed, a vast and interesting difference between the treatment given to a doctrine that is conceived to be right and the treatment given to one that is conceived to be wrong. The rule of stare decisis applies to each of them, of course ; but one of them is accepted hospitably and grows, whereas the other is treated as a hostile foreign body not germane to the legal system, is confined within narrow limits — encysted, so to speak — and in the course of time is quite likely to be cast out entirely. § 36. Fourth Group: Comments Based upon the Juris- diction of the Court. The power of a court to create a precedent of imperative authority, besides being limited to the very question arising in the course of actual litigation, is subject to other limita- tions. As a lower court cannot bind a higher, there is what may be termed a horizontal limit; and as a court cannot establish law for regions outside the geographical bounda- 100 HOW TO USE DECISIONS AND STATUTES. (Part II ries of its jurisdiction, there is also a vertical limit. In other words, although the doctrine of a case has received full consideration, is easily ascertainable from a report that is above criticism, and has not been weakened in any re- spect, the case may be of defective authority because of cir- cumstances relating to the court's jurisdiction. This gives rise to an important group of comments. First, the ratio decidendi of a decision in a court not of last resort, though of imperative authority in that court — un- til reversed or overruled — is of merely persuasive authority in courts of the same rank and in the court of last resort. This point is independent of one heretofore made, to the eiTect that the decision of a lower court is sometimes ren- dered without full deliberation, and it is also independent of the suggestion, often inaccurate, that the judges of lower courts are less experienced or less scholarly than judges of courts of last resort. Secondly, the decisions of a commission or other tempo- rary court, even though it be for the time a court of last resort, and hence theoretically capable of establishing the law as firmly as can any court whatsoever, are in practice treated as of somewhat less weight than the decisions of permanent courts exercising the same jurisdiction ; but the force of this comment is much weakened when the commis- sion or other temporary court is known to contain lawyers of unusual skill. Thirdly, the decisions of a court of last resort of one state have in other states no more than persuasive authority. Fourthly, even within the state, the decisions of a state court of last resort as to questions under the Constitution of the United States, the treaties of the United States, or the statutes of the United States must be treated as the de- cisions of a subordinate court, for the reason that these questions are within the peculiar jurisdiction of the federal courts. Fifthly, as to matters of state law, the state courts, and not the federal courts, usually have controlling influence. As to such matters, the state courts certainly do not yield to the federal courts — not even to the Supreme Court of the § 36) DECISIONS. 101 United States. It does not follow, however, that as to such matters the federal courts unhesitatingly follow the state courts. The questions being by hypothesis questions of state law, there is one line of reasoning to the effect that the federal courts should concede the decisions of the state courts to be of imperative authority. On the other hand, there is a line of reasoning to the effect that when the federal courts have jurisdiction, not by reason of the presence of a federal question, but by reason of the citizenship of the par- ties, the federal courts, acting under the Constitution of the United States, assented to by the citizens of the several states, are acting as bodies duly authorized to determine local law, and hence are in effect state courts, having, as there is no appeal from them to the ordinary state courts, full power to determine what is the law of the state. The practice is, rather illogically, midway between- these two theories. The federal courts do follow the state decisions as to the construction of the state Constitution and of the state statutes, and also as to property law ; but they decline to be bound by state decisions as to questions of commercial law. This distinction is not easy to justify in theory or to apply in practice, and no one would attempt to predict its future; but at present, by reason of this distinction, the federal courts are tending to develop a general commercial law for the whole country.^* Besides, the federal courts exercise now and then the inevitable power of any court to disregard state decisions of any sort in case it seems clear that the state courts have made a mistake as to the state law. Sixthly, in this country the decisions of English, Irish, and colonial courts are of simply persuasive authority ; and this is true^ whether the decisions be new or old. Even as to decisions before American independence, this statement requires no material qualification, for the only English court 2* See Swift v. Tyson, 16 Pet 1, 10 L. Ed. 865 (1842) ; Burgess v. Seligman, 107 U. S. 20, 33, 34, 2 Sup. Ct. 10, 27 L. Ed. 359 (1882) ; Hartford Fire Ins. Co. v. Railroad Co., 175 U. S. 91, 100, 20 Sup. Ct. 33, 44 L. Ed. 84 (1899) ; Western Union Telegraph Co. v. Publishing Co., 181 U. S. 92, 21 Sup. Ct. 561, 45 L. Ed. 765 (1901). ]02 HOW TO USE DECISIONS AND STATUTES. (Part II that had jurisdiction over litigation arising in the American colonies was the Judicial Committee of the Privy Council, and the reported decisions of that body in our colonial period are few and unimportant. Yet, though the decisions of the ordinary English courts have never been of imperative authority here, their per- suasive authority is very strong ; for, in the absence of some peculiar reason, the decisions of those courts, composed, as they always have been, of competent judges, and aided, as they always have been, by thoroughly trained counsel, arc high evidence of the doctrines of that law which the colonists brought with them, and which the courts and lawyers of this country are still engaged in applying to new conditions. It should be added that English cases commonly have the advantage of being reported concisely, and that many of the English opinions bear the names of judges who are almost as famous here as they are at home. (C) Last Words as to the Use of Decisions. § 37. Caution Against Hypercriticism. Although both reason and the practice of skilled lawyers have justified and required all that has been said as to as- certaining the doctrine of a case, discriminating between ratio decidendi and dictum, and commenting upon the cir- cumstances affecting the weight of the decision, there is some danger that the minuteness with which the pitfalls have been pointed out may encourage hypercriticism. It is quite likely that when the reader began to examine this dis- cussion he was disposed to look upon the words of judicial opinions with too slight discrimination, and hence to believe too much ; but it is certainly not desirable that he should go to the other extreme, and believe too little. Weak-minded and imaginative persons, upon reading the symptoms de- scribed in medical books, are said to imagine that the whole world is a mass of disease ; and possibly some persons may get similar views from the preceding discussion of symptoms of weakness in judicial opinions. Symptoms, however, do not prove disease, but simply dictate caution. There are § 38) DECISIONS. 103 sound dicta — thousands of them. There are thousands of decisions which are subject to one or another of the com- ments enumerated, but which, notwithstanding the com- ments, would be followed by any court, and rightly. In- deed, if courts were to discard all cases upon which some unfavorable comment can be made, they would have prac- tically no aid from their predecessors. Counsel must learn from experience — if they be not born with lawyerlike wis- dom — when the comments will be received with attention and when with impatience. Yet counsel must nevertheless, in anticipation of criticism by opponents or in preparation for criticism of opponents' authorities, prepare memoranda that will enable them to meet or to make all these comments instantly and accurately. § 38. Cases Not Directly in Point Useful by Way of Anal- ogy and Otherwise. Further, a case whose doctrine is not directly in point may be cited rightly enough as the basis of an argument from analogy. For example, it may be imagined that in a jurisdiction where the doctrine of Lawrence v. Fox^"* pre- vails, and where consequently the beneficiary of a contract can sue in his own name, counsel wishes to prove that the beneficiary can be met by the defense that the promisee ob- tained the contract by making a fraudulent misrepresenta- tion. If it be imagined that no decision directly in point can be found, it will be nevertheless admitted that counsel may properly cite decisions to the effect that an action by a principal can be defeated by a defense based upon the fraud of his agent, and decisions to the effect that an action by the assignee of a nonnegotiable contract can be defeated by a defense based upon the fraud of the promisee; but counsel must clearly indicate that these decisions are not directly in point, that he admits the distinction between a beneficiary and a principal, and also between a beneficiary and an as- signee, but that he contends that a beneficiary resembles both a principal and an assignee, occupies a position mid- 25 20 N. r. 268 (1859). lOl HOW TO USE DECISIONS AND STATUTES. (Part II way between those two persons, and ought to be governed by a doctrine which is demonstrated to be applicable to each of them. § 39. Summary. Nothing that has just now been said must be understood as minimizing in the least degree the necessity of discover- ing the very doctrine for which a case is a distinct authority, and of laying greater stress upon that doctrine than upon the court's words, and of bearing in mind all the comments named. All these matters are of great importance; and, indeed, the habitual perception of the distinction between the doctrine of the decision and the mere words of the court is one of the chief marks of a sound and acute law- yer. III. STATUTES.^' (A) The General Rules as to the Construction of Statutes. § 40. Statutes Treated Differently from Decisions. On passing from decisions to statutes there is a vast change in the point of view, and in the mode of ascertain- ing the rule of law. This is true whether the word "stat- utes" be used in that wide sense which includes all written law, or in that narrower sense which is intended throughout the following discussion and which distinguishes statutes from constitutions on the one hand and ordinances on the other. In dealing with decisions it has been found that the very words of the court promulgating the opinion and making the decision do not determine absolutely the rule of law, but that the rule of law is ascertained by discovering 28 Only the points of the greatest practical importance to the brief maker are treated here. Elaborate treatises are Dwarris on Statutes and Sedgwick on Statutory and Constitutional Law. There Is a con- densed view of the whole subject in Bishop on Statutory Crimes, books 1 and 2. The cases are collected in 44 Am. Dig. (Cent. Ed.) "Statutes," cols. 2804-2991, §§ 254-377 ; and 13 Digest of English Case Law, "Statute." § 41) STATUTES. 105 what general proposition was essential to the result reached, and by using the words of the opinion as a mere aid in the ascertaining of that rule, so that, though opinions are writ- ten, the authoritative rules derived from them are not writ- ten, but are ascertained by the use of reason, causing case law to be classed as Unwritten law — lex non scripta, to use the Latin phrase. Not so with statutes, for in dealing with statutory law it will be found that the very words neces- sarily are to be treated as creating and limiting the rule, wherefore statutes are the great example of the written law — lex scripta. There are other less important differences, some of them connected with the one just now emphasized. A decision deals with past events primarily, and it is only incidentally that it affects rights dependent upon future events, whereas a statute primarily looks toward the future, and it is abnormal — often even unconstitutional — for it to attempt to modify rights based upon past facts. A decision deals only with the case actually before the court, and it is only incidentally that the decision indicates the probable result of some other case, even between the same parties, whereas it is of the essence of a statute that it creates a rule of general application. A decision proceeds upon the theory that it follows a rule already in existence, whereas a statute usually professes to introduce a rule that is new. A decision can usually be predicted by a skillful lawyer, whereas no lawyer can predict what statute will be adopted. A decision is almost invariably made by lawyers, and the accompanying opinion is couched in technical language, whereas a statute is often not the work of a lawyer, and, at any rate, is supposed to be capable of being understood by the average layman. All these differences flow from the fact that the giving of a decision is a judicial act, and the making of a statute is a legislative act — the quasi legislative effect of a' decision being indirect, and, as far as possible, concealed by the habitual language of lawyers and judges. § 41. The Parts of a Statute. A statute of complete form contains a title (briefly in- dicating its nature), a preamble (beginning with "Where- 106 HOW TO USE DECISIONS AND STATUTES. (Part IT as," and indicating the reasons for the statute, and possibly its general effect), and (beginning with "Be it enacted' ) the body of the statute, otherwise called the "purview." To various clauses frequently found in the body of the stat- ute descriptive terms of no great value are sometimes at- tached by lawyers. Thus the half dozen or more words beginning with "Be it enacted," and ending with "that," are termed the enacting clause. A passage explaining the meaning of words is termed an interpretation clause. Pas- sages beginning "Except," or "Provided," or "Nothing in this act shall," are termed "exceptions," "provisos," or "sav- ing clauses," respectively. There may also be included in the body of the statute a repealing clause, and a clause fixing the date when the statute takes effect. The word "purview" appears sometimes to be confined to so much of the body of the statute as would be left by omitting the exceptions, provisos, and saving clauses; and as the word is ambiguous, and not very useful at best, a wise course may be not to use it at all. § 42. The Places Where Statutes are Found. The original sources of knowledge as to the exact words of statutes are the records of the legislative bodies passing them, and the much more accessible printed volumes that are commonly called "session laws." From time to time the statutes which are supposed to remain in force are collected into volumes bearing the for- mal name "Revised Statutes," or some similar title, but very commonly known merely as "revisions." Revisions differ in form, for some permit the whole of an original statute to remain in one place, while others place the several parts under appropriate heads in different places ; and, be- sides, some arrange topics alphabetically, while others arrange them analytically. Further, revisions differ in sub- stance, also; for, while some are adopted by the legislative body as a statute, and are accompanied by an act repealing all other statutes, others, whether made under legislative authority or not, are not so adopted, and are not accom- § 4:5) STATUTES. 107 panied by a repealing act, and are made, at the most, merely prima facie evidence of the terms of the statutes contained in them. § 43. "Construction" and "Interpretation" Treated as Syn- onymous, Some authors have attempted to introduce a distinction between "interpretation" and "construction." The distinc- tion, however, has not been accepted by the profession, and the two expressions are in practice synonymous. The more common term is "construction." § 44. Two Nontechnical Rules. In using statutes, there are two nontechnical rules, which, though not often found in the books, are of primary im- portance : First, when a statutory question arises, one should not trust to an in&ccurate memory or to a paraphrase, but should examine the very words of the statute. Secondly, when a statutory question arises, however well acquainted one may be with the very words of the statute, and with the constructions heretofore placed upon them, one should examine the statute anew from the point of view of the new question. These two rules are derived from the fact that statutory questions are determined not by legal theory, but by verbal criticism. They are doubtless the rules which were in Chief Justice Coke's mind when, having been told that his opinion was desired upon a question of law, he said : "If it be common law, I should be ashamed if I could not give you a ready answer; but, if it be statute law, I should be equally ashamed if I answered you immediately.""^ § 45. Technical Rules of Construction. Assuming that the investigator has familiarized himself with the very words of the statute, and that he has exam- ined those words in the light of the question in hand, the investigator is face to face with the problem of statutory 27 story, Miscellaneous Writings, 449. 108 HOW TO USE DECISIONS AND STATUTES. (Part 11 construction, and finds that in solving this problem he is aided by very numerous technical rules. For convenience, these rules may be divided into two groups, the first group being applicable almost equally well to all written instru- ments, and the second group being especially applicable to the written law. All the rules purport to be based upon two principles: First, that what is to be ascertained is the intent of the framers of the words ; and, secondly, that this intent is to be gathered from the words themselves. It will be found, however, that these two principles are much more closely followed in the first group of rules than in the second. It will be found, also, that the two groups are not very clearly distinguishable, for this grouping, like almost all classification in the law, is necessarily somewhat arti- ficial. § 46. First Group: Rules of Construction Applicable to All Writings. Among the rules of construction applicable to all writings — contracts, conveyances, wills, and treaties, as well as con- stitutions, statutes in the strict sense, and ordinances — are those now to be enumerated: First, technical words are to be understood in the tech- nical sense, and ordinary words in the ordinary sense. For example, "larceny" and "tuberculosis" mean, respectively, larceny as defined by law, and tuberculosis as defined by medicine, while "vehicle" means what an ordinary man would term a vehicle. Dictionaries, of course, are accepted aids in determining the meaning of words. Secondly, words that have changed in meaning since the framing of the instrument are to be construed as they were understood at that time, for otherwise the construction would alter as time passes. This is an explanation of the decision in Dartmouth College v. Woodward,"* where a charter of a private corporation was held to be protected from the interference of the Legislature of a state by reason of the clause in the Constitution of the United States which 28 4 Wheat. 518, 4 L. Ed. 629 (1819). § 46) STATUTES. 109 provides that no state shall pass any law impairing the obli- gation of contracts ; for though by legal analysis and defini- tion, as now understood, a corporate charter is not a con- tract, for the reason that it is a grant, and not a promise, nevertheless, as it is an agreement, it probably fell within the definition of a contract according to the nomenclature of the lawyers of the time of the framing of the Con- stitution. Thirdly, words are to be construed in connection with the context, and the entire statute is to be read as one complete instrument. This is a mere outgrowth of the fact that a word standing by itself can hardly be said to have any meaning at all, and that at any rate the surrounding words are absolutely essential to the proper understanding of it. Fourthly, all words are to receive force, if possible, and only extreme necessity authorizes treating words. as sur- plusage. This is a result of the natural and respectful view that the person framing the statute used no more words than he deemed necessary to express his meaning.^' Fifthly, words are to be so construed as to attain sense and not nonsense, justice and not injustice, convenience and not inconvenience. Sixthly, words are to be so construed as to carry out the general purpose of the statute. To this end, the title and the preamble may be used, and so may the debates pre- ceding the adoption of the statute; but any use of matters outside the body of the statute must be cautious and spar- ing, for a statute is within the reason of the rule that pro- hibits contradicting or varying a solemn document by parol evidence. Seventhly, clerical errors are to be ignored, if the mean- ing can be ascertained notwithstanding them. If the mean- ing cannot be ascertained, of course the reason of the rule ceases, and the rule becomes inapplicable. Eighthly, grammatical and rhetorical inaccuracies are to 29 See Hurtado v. California, 110 U. S. 516, 534, 4 Sup. Ot. 292, 28 L. Ed. 232 (1883). 110 HOW TO USE DECISIONS AND STATUTES. (Part II be ignored, if the sense is clear. To this end, for example, "and" may be read "or," and "or" may be read "and." Ninthly, as an aid to the sense, the investigator may ap- peal to punctuation. An impression to the contrary has been supported by saying that early English statutes were not punctuated, and that pending bills are read aloud, and that hence the punctuation, if any, does not influence legis- lators. Yet to-day bills are punctuated, and, though they are read aloud, the printed copy is what the legislators actually depend upon, not to mention that punctuation in- evitably affects the emphasis and intonation of a person reading aloud. § 47. Second Group: Rules of Construction Especially Applicable to the Written Law. Like the rules of the preceding group, the rules of con- struction especially applicable to the written law profess to seek the expressed intent of the legislative body; but it will be found that the rules of this second group sometimes actually defeat that intent. A few of the most important rules of this second group will now be stated : First, words are to be so construed, if possible, as to pre- vent the statute from being declared invalid for unconstitu- tionality or repugnancy. This rule may partially ignore the actual intent of the legislative body, but it certainly does aid part of that intent, for the intent certainly was, among other things, that the statute should have some effect. Secondly, there is an inclination to construe words in such a way that the statute will not have a retrospective effect.^" This rule is independent of considerations as to unconstitutionality, being based wholly upon the theory that retrospective statutes are somewhat abnormal. Like all rules of construction, it yields to a direct expression of intent; and, besides, it has no application where retrospec- tive action would be reasonable — for example, in matters of mere procedure. Thirdly, in penal statutes words are to be construed 80 See Hansen v. Meyer, 81 111. 321, 25 Am. Rep. 282 (1826). § 47) * STATUTES. Ill Strictly. This rule is dictated by a humane spirit, rather than by an attempt to ascertain legislative intent ; but it is theoretically turned into a rule of intent by the assumption that the rule is known to the legislative body, and that con- sequently the words of the penal statute were meant to be construed thus. Indeed, all the rules of this group are some- times in this manner argumentatively contended to be actu- ally rules of intent. Fourthly, in remedial statutes words are to be construed liberally. This rule is so applied as to extend the statute beyond its actual language to cases within its reason and general intent. Fifthly, the words of the statute are to be construed in the light of the pre-existing law. The reason for this rule is simply that the pre-existing law was part of the atmosphere that surrounded and suggested the new statute, and the new statute cannot be thoroughly understood if isolated from its cause. To quote the words of Chief Justice Coke, the prior law is "the very lock and key to set open the windows of the statute."" Sixthly, the words of one of a series of statutes will be construed as if that statute and its predecessors in the series constituted but one statute. This is illustrated by the Eng- lish Common Pleas case of Hyde v. Johnson.'^ There the question was under the statute 9 Geo. IV, c. 14, § 1, which enacted that a debt barred by the statute of limitations'' could be revived only through a writing "signed by the party chargeable thereby." The question was whether under that language a writing signed by a duly authorized agent would be sufficient. The general rule was conceded to be that whatever one can do by himself he can do by an agent, and undoubtedly that general rule applies to acts done in pursuance of the terms of a statute;'* but the words under investigation were in a statute which in another sec- si 2 Co. Inst. 308. 3 2 2 Bing. N. C. 776 (183G). 88 21 Jac. I, c. 16. 84 In re Whitley Partners, 32 Ch. D. 337 (0. A. 1886). 112 HOW TO USE DECISIONS AND STATUTES. (Part II tion recited the seventeenth section of the statute of frauds,'^ which section says that the memorandum required by it shall be "signed by the parties to be charged * * * or their agents," and it was evident that the statute in ques- tion and the statute of frauds were in a sense a series. In the statute of frauds a distinction is constantly taken be- tween instances where agency is allowable and instances where it is not. Consequently it was held that the enact- ment in question did not give efficacy to a writing signed otherwise than by the very person ; Tindal, C. J., for the court, pointing out that the distinction is taken throughout the statute of frauds, and saying : "We find the seventh sec- tion of this same statute recites the seventeenth section of the statute of frauds, so that the legislature must have had in their view, at the very time of passing this statute, and therefore must have intended, the distinction between writ- ings signed by a party, or signed by his agent." Seventhly, even when words are unambiguous and har- monize well with the declared intent of the statute, they are to be construed as not applying to a state of facts within their apparent meaning, in case the court be convinced, by a sort of judicial notice, that the facts do not come within the actual legislative intent. This seems to be a necessary doctrine, for surely there should be judicial power to declare that the saloon keeper whose saloon doors have been opened by an earthquake is not liable to the penalties which a stat- ute may provide, without qualification, for any saloon keeper whose saloon is on the Sabbath found to be open. Clearly, however, it is a perplexing doctrine, as is sufficiently shown by the diversity of decisions upon the criminal responsibility of morally innocent persons who sell diseased meat, and the like, and are prosecuted under statutes which provide fine or imprisonment as the consequence of the sale of such an arti- cle, and which fail to take into account possible innocence — ■ a natural diversity of decisions, since on the one side lies the general assumption that morally innocent persons are not to be punished criminally, and on the other side lies the 3 5 29 Car. II, c. 3. § 47) STATTTTES. 113 obvious fact that what the legislature may well wish is to prevent the sale of deleterious food by taking steps which will remove from the public the necessity of proving knowl- edge, and will place upon the seller the strongest possible motive for using extraordinary care. In the Supreme Court of the United States the case of Church of the Holy Trinity V. United States '" has afforded an interesting instance of the exercise of the judicial power to go behind the ex- pressed intent of the legislature, and to restrain clear lan- guage by what is taken to have been the actual intent. The question was whether employing a pastor for a church was prohibited by a statute which made it "unlawful for any person, company, partnership, or corporation, in any manner whatsoever * * * to * * * encourage the impor- tation or migration of any alien * * * under contract * * * to perform labor or service of any kind." The court decided that the statute did not apply to the importa- tion of a clergyman, for, though it was conceded that the relation of a rector to his church is one of service, and im- plies labor, and that the statute guarded against narrow in- terpretation by saying "labor or service of- any kind," and by excepting, in one of the sections, actors, artists, lecturers, singers, and domestic servants. Brewer, J., for the court, said: "We cannot think Congress intended to denounce with penalties a transaction like that in the present case. * * * No purpose of action against religion can be im- puted to any legislation, state or national, because this is a religious people. * * * Shall it be believed that a Con- gress of the United States intended to make it a misde- meanor for a church of this country to contract for the ser- vices of a Christian minister residing in another nation? Suppose in the Congress that passed this act some member had offered a bill which in terms declared that * * * such contract should be adjudged unlawful and void, and the church making it be subject to prosecution and punish- ment ; can it be believed that it would have received a minute of approving thought or a single vote?" The decision pro- se 143 U. S. 457, 12 Sup. Ct. 511, 36 L. Ed. 226 (1892). Beief Mak.— 8 114 HOW TO USE DECISIONS AND STATUTES. (Part 11 ceeded also upon the ground that the title of the act spoke only of agreements "to perform labor/' and thus suggested manual labor only, and tipon the ground that the evil to be remedied was notoriously the importation of unskilled labor- ers, and upon the ground that this was shown by the peti- tions and testimony laid before Congress, and by the report of one of the committees recommending the passage of the bill; but the chief ground upon which the decision pro- ceeded was the peculiarly important one just now discussed. (B) Circumstances Strengthening or Weakening Pre- liminary CONCIvUSIONS AS TO THE ReAL Eifl^ECT OP A Statute. § 48. The Necessity for Going Beyond the Rules of Con- struction. Even if the enumeration of rules of construction were complete, as it certainly is not, it would be necessary. to caution the investigator that mere rules of construction, however skilfully applied, cannot tell all that it is necessary to know about a statute's effect and weight. The more im- portant additional topics for examination will now be dis- tributed, after the fashion adopted throughout this discus- sion, into somewhat arbitrary groups. § 49. First Group : Mode of Ascertaining Precise Terms of Statute. It is not always advisable to assume the precise accuracy of the terms of the statute as given even in an official pub- lication. First, when a revision has not been adopted as a statute, it is well to examine the session laws in order to ascertain the exact terms, including in some cases the punctuation. Secondly, in important cases it may be well to check the session laws by examining the legislative records. Thirdly, even when a revision has been adopted as a statute, it may be well to go back to the session laws ^^ and 3T See Conger v. Barker's Adm'r, 11 Ohio St. 1 (1860), and In re Hinton's Estate, 64 Ohio St! 485, 60 N. E. 621 (1901). § 52) STATUTES. 115 the legislative records, and then to discuss whether changes found in the revision were intended to make a change in the law; and in this investigation it may be useful to examine the drafts and annotations and reports prepared by the com- missioners who made the revision. § 50. Second Group : Validity of Statute. After the precise terms of the statute are ascertained, it cannot be safely assumed that the statute has the effect which the legislative body desired. First, the statute may be unconstitutional, and hence void. This is a question in constitutional law, under such heads as "Impairing the Obligation of Contracts," "Due Process of Law," "Commerce," "Eminent Domain," "Taxation," "Ex Post Facto Laws," and "Police Power." Secondly, the statute may be void for repugnancy. § 5L Third Group : Subsequent Legislation. Although the terms of the statute are ascertained, and the statute cannot be attacked on the ground of original in- validity, subsequent legislation may have affected it fatally, or at least substantially. First, a state statute may have been superseded by a stat- ute of the United States. This is a very intricate problem discussed in works on Constitutional Law. Secondly, the statute may have been expressly repealed. This is an easy matter to ascertain, as in every jurisdiction there are probably lists of repealed statutes in an appendix to each volume of the session laws, or in some other readily accessible place. Thirdly, the statute may have been repealed by implica- tion. This is a point not usually covered by lists of repealed statutes. The doctrine of repeal by implication is difficult to apply, and is not favored by the courts. Fourthly, the statute may have been amended. Amend- ments are not difficult to discover, as they are commonly listed in the same place as express repeals. § 52. Fourth Group : Construction Already Made. Finally, it may be found upon investigation that the prop- 116 HOW TO USE DECISIONS AND STATUTES. (Fart II er construction of the statute is not wholly an open ques- tion. First, the statute may have been already construed by de- cisions in the courts of the jurisdiction in which the statute is in force. Such decisions, within the rules explained above in the discussion of the use of decisions, are of either im- perative or persuasive authority; and, if of imperative au- thority, they become, in effect, part of the statute itself, and thereafter preclude inconsistent constructions, with the lim- itation that such decisions, like all decisions, are capable of being overruled. The judicial constructions of some stat- utes have been so numerous as to have become at least as important as the statutes themselves. This is true of the statute of frauds. Now and then judicial construction is carried on in such a hostile spirit that statutes are in effect abrogated or at least amended. Thus by judicial action the statute of limitations was practically amended through the creation of the doctrine of new promises. It should be add- ed, as indicated by what has already been developed in dis- cussing decisions, that the construction placed upon federal statutes by the federal courts is binding upon the state courts, and that the construction placed upon a state statute by the court of last resort of that state is followed in the federal courts, unless it be obviously wrong, and that on a question of property even an obviously wrong construction by the state court would be likely to be followed in case it could be said to have become a settled local rule.^^ Secondly, if the statute was copied from a statute already in force in another jurisdiction, it is understood to have been adopted with the construction which the courts of that ju- risdiction had already attached to it. It should not be in- ferred, however, that subsequent decisions in that jurisdic- ss See Williams v. Klrtland, 13 Wall. 306, 20 L. Ed. 683 (1871); Burgess v. Seligman, 107 U. S. 20, 33, 34, 2 Sup. Ct. 10, 27 L. Ed. 359 (1882) ; Bauserman v. Blunt, 147 U. S. 647, 13 Sup. Ct. 466, 37 L. Ed. 316 (1893) ; Forsyth v. City of Hammond, 166 U. S. 506, 518, 519, 17 Sup. Ct 665, 41 L. Ed. 1095 (1897). § 54) STATUTES. 117 tion are of any greater influence than decisions in any other jurisdiction.*' Thirdly, when a statute has been adopted by a number of states which are attempting to establish, as to some mat- ters, at least, a uniform system of law, the decisions of any one of these states as to the construction of the common statute cannot avoid being treated with unusual attention ; for the initial uniformity would easily be overthrown by dis- cordant constructions. At present this line of thought is especially applicable to the negotiable instruments law, al- ready adopted in many of the states. Fourthly, although a statute may never have been con- strued judicially, a certain construction may have been long followed by the persons to whom the statute is peculiarly applicable — for example, by public officials — and in such a state of facts the court will attempt to uphold the construc- tion thus adopted. (C) Last Words as to the Use o^ Statutes. § 53. English Statutes. As the discussion of statutes has been intended to cover only topics of practical importance, matters of purely theo- retical or antiquarian interest have been omitted. Hence nothing has been said upon the extent to which English statutes adopted before American independence were once in force in the American colonies, and are now, unless re- pealed, in force in the states. Upon this topic there is dif- ference of opinion, but in each state the matter is probably thoroughly settled by statute or by judicial decision.*" § 54. Constitutions and Ordinances. The preceding discussion as to statutes has been directed chiefly toward statutes, strictly so called, as distinguished from constitutions and ordinances. Yet the greater part of the discussion is applicable to those other kinds of written law. 39 Cathcart v. Robinson, 5 Pet. 264, 280, 8 L. Ed. 120 (1831). *o See Pierson v. Lane, 60 Iowa, 60, 14 N. W. 90 (1882). 118 HOW TO USE DECISIONS AND STATUTES. (Part JJ IV. CONCLUSION. § 55. The Limits Placed upon This Discussion. The discussion as to the use of decisions and statutes might easily include a definition of the nature of law, a pres- entation of the theory and history of the growth of legal in- stitutions, and an argument upon the mooted question whether the courts actually make law; but the purpose has been to confine the discussion within the practical needs of a brief maker. As the rules given are part of the everyday working tools of the profession, it is not extraordinary that they are reasonable, and that they are usually free from dispute. In case the reader should have need of going fur- ther into this line of thought, the cases, digests, and treatises cited in the footnotes will be of assistance ; but in truth the only way to master these rules and to make them really use- ful is to use them in actual practice, constantly applying them in the making of memoranda as suggested at the out- set. § 56. The Need of Bearing in Mind the Purpose of Law. It is certain that some parts of the discussion have seemed to be technical and narrow. Yet the reader must have noticed that, notwithstanding apparent narrowness and tech- nicality, our system of law, as actually developed, whether through statutes or through decisions, constantly tends, by the aid of counsel and judges, to come into harmony with contemporary beliefs and needs. Hence arises the final caution that, although the lawyer in using decisions and statutes must not forget any of the rules explained in the course of this discussion, all of which rules are in fact known and applied throughout the profession, he must not be too technical in argument, and must not forget to present his views of decisions and of statutes in such a way as to de- serve the approval of judges anxious to avoid frivolous dis- tinctions and to promote uniformity, convenience, and jus- tice. PART III. AMERICAN LAW PUBLICATIONS. By ALFRED F. MASOV, Editor, American Law School Review. I. INTEODTJCTION. 57. Depositories of the Law. II. Books of Peimaet Authoeitt. 58. Constitutions. 59. Treaties. 60. Legislative Enactments. 61. Statutes or Session Laws. 62. Compilations and Revised Statutes. 63. Codes. 64. United States Statutes. 65. Ordinances, Government Orders, and Regulations. 66. Rules of Court. 67. Reports of Judicial Decisions. 68. Federal Reports. 69. State Reports— Official Series. 70. State Reports — Nonofflcial. 71. Citations. 72. List of Reports. III. Books or Secondaet Authoeitt. 73. Text-Books. 74. Digests. I. INTRODUCTION. § 57. Depositories of the Law. To the American law student, who for the first time en- deavors to use a fully equipped modern law library, a diffi- cult task presents itself. He finds himself confronted with long series of statute books, compilations and revisions of statutes, codes, thousands of volumes of reported decisions, supplemented by numerous digests and abridgments, trea- (119) 120 AMERICAN LAW PUBLICATIONS. (Part IH tises and text-books on different special topics of the law, law dictionaries, cyclopaedias, and other books of general ref- erence, with an endless variety of miscellaneous works, and new and constant additions to all, in numbers far surpassing the energy and capacity of the reader. The diversity is as discouraging to the beginner as the quantity of books. Differences in nature, scope, and con- tents, in purpose and in use, in method, structure, and ar- rangement, in relative value and authority, confuse and mis- lead a person not adequately informed as to these matters. The average law school student is disposed to accept as law everything his instructors state to be the law, and to consider as conclusive the statements made by text-book writers. "The instruction given by a capable law teacher, the advice and suggestions of an intelligent and experienced practitioner, the statements of a careful text-writer, are of great value to the student. Their views may be in a high degree clear and accurate, yet the student should bear in mind that neither law teachers nor practicing lawyers nor text-writers are the authorized repositories of the law. It is in the law library that these repositories are to be found." ^ In the practice, quite as much as in the study of law, re- course to the books is imperative. Even though a lawyer has a thorough knowledge of the rules and principles of law, he must refer continually to the cases in which they have been developed as guides in their application to new cases. Preparation for this work may well be regarded as an important part of legal education. This view was forcibly presented in an address before the American Bar Associa- tion in 1894 by the Honorable Simeon E. Baldwin. Refer- ring to the study of digests and reported cases, as indispen- sable to the practitioner, Judge Baldwin continued: "One great aim of legal education for America, then, must be to teach how best to handle such books, so as to get the most out of them, and to be able to present it in the most effective way. The scholar must learn to search out what he wants intelligently, quickly, and accurately. He must learn where 1 Woodruff's Introduction to the Study of Law, p. 8. § 57) INTRODUCTION. 121 to go and when to go, what to look for, and how to read it." ^ "To the American practitioner the law exists in three great departments. Enumerated in the order of the frequen- cy of their occurrence in practice, they are state law, general law, and federal law. The state and federal Constitutions, statutes, rules of court, and reports are the authorities which decide questions of state and federal law, while the general law authorities are English text-writers, statutes, and rec- ords anterior to our independence, and the entire reports of all English-speaking lands." * A question of law must be first referred to its proper department, and, when that refer- ence is made, it is then in order to search the lawbooks of that department for the desired answer. When no rule of decision can be found in these books, the question is gen- erally decided by the reason of the general law. "It is im- portant to impress upon the young practitioner at the outset that it is only in exceptional instances that the law is dis- covered by theorizing and reasoning. He should abjure the conceit that he can forego enactments and reports and guesR afa rule of law whenever he needs to know what it is. Let him always examine the sources, and ordinarily he will there find counsel which commands with almost axiomatic force either to reject or accept the particular proposition under consideration."* The young lawyer should learn at the beginning of his practice to settle a legal proposition by consulting the books for himself, instead of waiting for their value to be taught him in court by an opposing counsel. Americcin law publications may be divided into two main divisions or classes : First, those books that are the au- thentic repositories of the law itself, and which may be designated as books of primary authority. Second, those books that are published for the purpose of ascertaining and determining the law, and which may be termed books of secondary authority. The publications of primary authority are constitutions, treaties, statutes, ordinances, government orders and regu- 2 American Bar Association Reports 1894, p. 431. 3 Reed's Conduct of Lawsuits, § 141. * Reed's Conduct of Lawsuits, § 142. 122 AMERICAN LAW PTJBLICATIONS. (Part III lations, and reports of judicial decisions. Out of and around this class of publications have grown a multitude of law- books of secondary authority, designed in part to make ac- cessible the law, and in part to expound it by inference, gen- eralization, and commentary. The law digests, in their va- rious forms, serve chiefly the purpose of directing the search- er for legal information to the exact places where it is to be found in the reports and statutes. These books should not be depended upon as conclusive in their statement of the law, for the reason that they are not authoritative, but are designed simply as indexes to and as abridgments of, the reports. Their value depends chiefly on their accuracy, ex- haustiveness, and convenient arrangement. The other books of secondary authority may be roughly designated by the general term "text-books." These publications undertake to "refine the product" of the reports by generalization and deduction of abstract principles. The majority of text- books are in reality but another form of a digest, only still farther removed from the primary authorities. II. BOOKS OF PRIMARY AUTHORITY. § 58. Constitutions. Copies of the Constitution of the United States, the funda- mental law of the land, are easily obtained. Besides being published and distributed by the government, the federal Constitution is generally printed by the different states in connection with the compilations of their own constitutions and laws that appear every few years. Accurate copies of the Constitution of the United States, together with the amendments, may be found in all of the text-books and most of the books of selected cases on American Constitu- tional Law. The Compiled Statutes of the United States of 1901 contains a copy of the federal Constitution, each section and paragraph being annotated by reference to all decisions construing the same from the beginning to 1901. The Declaration of Independence, the Articles of Confederation, and the Ordinance of 1787 are also given in that publication. The leading text-books bearing on the subject of the fed- § 59) BOOKS OF PRIMAET ATJTHORITT. 123 eral Constitution are Story on the Constitution of the United States, in two volumes; Tucker on the Constitution of the United States, in two volumes; the one-volume works of Pomeroy, Black, and Cooley on Constitutional Law. Amer- ican Constitutional History is treated in the well-known masterpiece of Dr. H. von Hoist, in eight volumes, and in Thorp's Constitutional History of the United States, in three volumes. Copies of state Constitutions are usually found fully an- notated in the latest compilations of the statutes of the dif- ferent states. The acts of Congress authorizing state gov- ernment are also generally given in these compilations. A standard compilation that is indispensable to any one who needs to examine the organic laws of the various states is the work of Ben : Perley Poore, entitled "Federal and State Constitutions." In this work under each state the first or- ganic law is given, whether the same be a charter, or treaty with a foreign power, or act of Congress establishing a ter- ritorial government ; and then follow in order the Constitu- tion or Constitutions of the state, and the amendments, if any. The leading work treating of the making of Constitutions is Jameson on Constitutional Conventions, while Judge Cooley's celebrated book entitled "Constitutional lyimita- tions" treats of the effect of Constitutions after they have become adopted. § 59. Treaties. The subject of treaties is, generally speaking, not very im- portant in practice. Now and then, however, occurs a case which turns upon the provisions of some particular treaty, and the uninformed lawyer is likely to have difficulty in find- ing the information he desires. All treaties made by the United States government may be found in the United States Statutes at Large, under the particular year and Congress when they were concluded. All treaties made from 1776 to 1871 are printed in the Senate Executive Documents, 41st Congress, 3d Session, Doc. 36, Serial No. 1,441. 124 AMEKICAN LAW PUBLICATIONS. (Part III A complete collection of the treaties between the United States and foreign countries was published by the govern- ment in 1889 under the title "Treaties and Conventions Con- cluded Between the United States of America and Other Powers Since July 4th, 1776." The latest compilation of. treaties between the United States and foreign powers was prepared under the resolu- tion of the United States Senate of February 11, 1904. It contains the treaties and conventions, important interna- tional acts, agreements and protocols (except claim proto- cols), to which the United States is a party, in force on April 28, 1904. The government has published, under the title "Indian Affairs, Laws and Treaties, Compiled to December 1st, 1902," a valuable two-volume work, which contains an ac- curate compilation of all treaties, executive orders, and other matters relating to Indian affairs from the organization of the government to the date of publication. This work con- tains everything necessary to a proper understanding of In- dian legislation. In addition to the publications of the treaties themselves by the government, the proper place to look for information as to the nature and grounds of the obligation, the power to make treaties, their duration, termination, construction, violation, etc., is in the standard text-books on international law, and in the cases decided by the federal courts. The 'two-volume work of Mr. Charles Henry Butler, enti- tled "Th6 Treaty-Making Power of the United States," should also be mentioned in this connection as a publication of value. § 60. Legislative Enactments. Within this term are included the session lawS or statutes, revised statutes, compilations, and codes. As the statutory law increases from year to year, it is dif- ficult for legislative bodies and for the public in general to ascertain what laws have been enacted. The ignorance of members of Congress and of state Legislatures of pre-exist- ing statutory law is much greater than is generally supposed. § 62) BOOKS OF PRIMAKT AUTHORITT. 125 and often leads to the making of serious blunders in making new laws. Laws that have been enacted by Congress and by the Legislatures of nearly every state in ignorance of al- ready existing laws relating to the same matter bear evi- dence to the truth of this statement. As the accumulation of statutory law increases, the danger of blundering neces- sarily increases in proportion. After laws have been passed by legislative bodies, the work of interpreting and applying these enactments falls on the lawyer and on the court, and it is therefore a very important matter for the legal profes- sion to be able to ascertain what statutory laws have been enacted, what amendments have been made, and what laws have been repealed. The methods adopted to mitigate this uncertainty are those of compilation, revision, and codifica- tion. § 61. Statutes or Session Laws. The laws enacted by* the several legislative bodies are usually termed acts or statutes, and at the close of the ses- sion they are published in permanent volumes, and desig- nated as session laws of the year in which the session of the Legislature took place, as, "Session Laws of 1905." In these publications each of the several acts is usually desig- nated as a chapter. The act of April 10, 1905, for example, would then be referred to as "chapter — of the Session Laws of 1905." § 62. Compilations and Revised Statutes. The title given to the general compilation of the statutory law varies more or less among the states. In nearly all the states, however, there are compilations or revisions of the statutes, and in some states there are codes. A compilation of the statutes of a state is the bringing together and arranging in a methodical manner all the ex- isting statutory law. A revision of the statutes of a state is where the statutory law has been revised, collected, and arranged in order, and then re-enacted as a whole by the Legislature. 126 AMERICAN LAW PUBLICATIONS. (Part III § 63, Codes. A code is a complete system of positive law, scientifically arranged, and promulgated by legislative authority. A code is not only a compilation of the existing statutory law, but also of much of the unwritten law on any subject, and is composed partly of such materials as might be at hand from all sources — from statutes, cases, and from customs — sup- plemented by such amendments, alterations, and additions as are deemed by the codifiers necessary to harmonize and perfect the existing system. In fact, in making a code, new laws may be added and old laws repealed in order to consti- tute a complete system. There are few terms in our system of jurisprudence that are applied to so many different things as the word "code." State Legislatures here and there have given the name indifferently to compilations of existing stat- utes, to consolidations of statute law into a more or less systematic form, and to revisions of the whole law, both written and unwritten, and the redaction of its principles to a clear, compact, and scientific enactment. The latter is, speaking exactly, codification, properly so called." § 64. United States Statutes. The enactments of Congress form the statutes of the Unit- ed States. At the end of each session of Congress the gov- ernment publishes in pamphlet form all bills that have been passed, arranged chronologically together with treaties, concurrent resolutions, and proclamations of the President. These pamphlets are entitled "Statutes of the United States," and are commonly referred to as the "Pamphlet Laws," and are distributed by members of Congress to their constituents without charge. At the close of each Congress all the laws that have been passed during the entire term, the treaties, resolutions, and proclamations, are compiled from the Pamphlet Laws, and are republished in book form by the government, and are sold by the Secretary of State. These books ai»e known as the United States Statutes at Large. In 1874 it was enacted by Congress that the United States statutes, general and permanent in their nature, in force 6 Hepburn's Development of Code Pleading, e. 1. § 64) BOOKS OF PEIMAKT AUTHOBITT. 127 on the first day of December, 1873, should be compiled and published in one volume. This work was accomplished, and the book published in 1875 was entitled the "Revised Statutes of the United States." A few years later a second edition, known as the "Re- vised Statutes of 1878," was published. From 1874 the matter contained in subsequent volumes of the Statutes at Large was collected and published in succes- sive supplements, which are practically a condensation of the Statutes at Large. As these supplements and the volumes of the Statutes at Large accumulated, the search to ascertain the law in force became laborious and uncertain, not only from the increas- ing number of volumes to examine, but because many of the provisions in them had been repealed or superseded or amended by later provisions. In 1901 the confusion and disorder was remedied, by the publication of a new three volume compilation known as the Compiled Statutes of the United States of 1901, covering all the United States laws of a general nature from 1789 to the close of the Fifty-Sixth Congress, March 4, 1901. In this publication the laws are arranged by subject-matter, and it is only necessary to look in one place for the law on a given point. The section numbering of the Revised Statutes of 1878 has been preserved, so that citations to that publica- tion can be readily used." Cumulative Supplements to the Compiled Statutes of the United States are published every two years. The latest Supplement published embraces the statutes of the United States of a general and permanent nature enacted since March 4, 1901, and in force March 5, 1905. There is also in course of publication a new compilation of the federal statutes, entitled "The Federal Statutes An- 8 In preparing this new compilation the editors found many proofs that the former complexity of bills passed was too much for Congress itself to unravel. They discovered that amendments had been made to laws that had been previously repealed; that amendments had been made that overlooked previous amendments ; that new laws had been passed that re-enacted existing but forgotten laws, etc. 128 AMERICAN LAW PUBLICATIONS. (Part III notated," which has been announced as a ten-volume work. Every law student and lawyer should be familiar with the latest code, compilation, or revision of the statutes of his own state and of the United States, and should be acquaint- ed with all the older compilations containing statute law ever in force at any time. These older statute books are im- portant, for it is often necessary to recur to them to correct mistakes or omissions in more recent works, or to construe the later statutes in the light of older ones which have been repealed. § 65. Ordinances, Government Orders, and Regulations. Municipal ordinances are publications of primary authori- ty, as are also the written executive and administrative or- ders and regulations drawn up and issued by the govern- ment, e. g., the army and navy regulations. These orders and regulations may not be law in the strict sense, but they have the force of law, and when recognized by statute they become a part of the statutory law. § 66. Rules of Court. Rules of court practice also come under the general head of primary authority. The rules of practice made by the United States courts are really a part of the statutory law of federal procedure, and therefore are of great importance. The treatises on Federal Practice and Procedure serve best to introduce the student to them, and most of these books attempt to set out the different rules to some extent; but it is impossible at the present time to obtain a complete set of the rules of the various United States courts. The rules of the several United States District Courts differ from each other, and the rules of the several United States Cir- cuit Courts differ from one another, as do the rules of the various United States Circuit Courts of Appeals. Even lawyers who devote their entire time to practice before the federal courts are often unable to give specific information as to the federal court rules, and most of them do not pre- tend to any compendious knowledge of what these rules really are. The usual practice is to "ask the clerk." § 67) BOOKS OF PRIMARY AUTHORITY. 129 The jurisdiction of the United States courts, the method of procedure therein, their pecuHar rules of decision, the re- moval of causes from state courts to federal courts — these and like matters form a very important part of federal law to the practitioner, and for many reasons should be familiar to even those lawyers who confine their practice to the courts of their own state.'' An excellent book on Federal Jurisdiction for the begin- ner is the collection of lectures delivered many years ago before the Harvard Law School by the late Justice Curtis, of the United States Supreme Court. Mr. R. M. Hughes' Hornbook on the Jurisdiction and Procedure in United States Courts is the latest work on the subject, and is espe- cially useful to the young lawyer. On the important subject of Removal of Causes the stand- ard work of Judge Dillon became practically obsolete some years ago, owing to the radical changes in the law caused by the legislation of Congress, and the great accumulation of new cases under the act of 1887. This book was placed in the hands of Mr. Henry Campbell Black to be rewritten, and the work was completed and published in 1898 under the title of "Black's Dillon on Removal of Causes." Later a treatise was published by Mr. B. C. Moon. Every lawyer should be provided with the copies of the rules of the Supreme Court and the trial and intermediate courts in force in his own state. These rules can usually be found in the books on local state practice. Text-books treating of the law of a particular state are generally on some subject of practice, which is nearly everywhere the creature of the local law, and for that reason these books are sometimes of great importance to the local practitioner. § 67. Reports of Judicial Decisions. Among the principal authorities in law are decided cases. When a case has been decided upon its merits by a tribunal of last resort, such decision not only determines the rights of the parties to the suit, but it also settles the principles in- volved as permanent rules of law, applicable in all future 1 Reed's American Law Studies, § 923. Beibf Mak.— 9 130 AMERICAN LAW PUBLICATIONS. (Part III cases in the same jurisdiction embracing similar facts, and involving the same analogous principles, unless it has been overruled by later decision, or, unless, as Blackstone says, it is "flatly absurd and unjust." A case decided is called a precedent, and becomes at once public law, which under many circumstances binds a court to make the same decision in a future similar case. In England and America there is no general code of law, "nor would a code reduce the number of volumes of our re- ports, for with the code would come the commentator, and in the expounding of the code and its principles would re- sult the decisions of the courts. We have this vast, com- prehensive system known as the 'common law,' with all its wonderful details and particulars; hence, to know the law and its principles, we must have the reports of the de- cisions of the courts." * By adherence to the maxim of stare decisis the rules of law which have been declared by the courts of England and America have become well known, and generally acted upon. Lawyers can advise their clients with comparative safety, and the unwritten law, which otherwise would be vague, shifting, and changeable, has become certain and stable, the measure of private right, and the landmark of property. In England the opinions of the judges, as a general rule, are not written, but are stated orally by the judges in open court, together with the reasons for their decisions. Law reporting in England, therefore, is arduous and complex, requiring ability of a peculiar character on the part of the reporter. Lord Coke tells us that his style of reporting was to listen to all which was said by counsel and the judges on one side and on the other, and then to give in his own form of words and order the substance of the entire argu- ment on the one side and on the other, followed by the con- clusion to which the court arrived. While this great lawyer has left reports which are monuments of legal learning, it is evident that such a method of reporting, pursued by an incompetent person, could produce nothing of real value. s New York State Bar Association Reports 1904, p. 96. § 67) BOOKS OP PEIMAKT ATJTHORITT. 131 "In England, therefore, there are reports of all sorts of merits, made by all sorts of persons, in all sorts of styles."* With the exception of a comparatively short period dur- ing the time of the Year Books, no governmental provision has been made in England for reporting the decisions of the courts, and all that has been done in this way has proceeded from private enterprise. As it is not the work of the reporters that is authoritative, but rather the language of the judges, the better practice has prevailed in this country of having written opinions filed by the court; thus insuring the accurate publication of the very words of the judges. The decision of a judge, constituting an authentic exposition and interpretation of the law, which is binding on every citizen, becomes part of the court record, and, as an enunciation of the law, is public property, and free for publication by all.^" The publication of written decisions tends to exactness and presupposes thorough consideration. It is the surest method of detecting a fallacy and uncovering an error, which might pass muster if the case be decided orally or not made public. Publicity in the reason of the action of the court, as well as in its results, tends to exactness in fact and soundness in judg- ment. The published reasons and conclusions of a court of final resort are a restraint upon judicial tyranny, as well as judicial corruption. Edmund Burke said : "To give judgment privately is to put an end to reports, and to put an end to reports is to put an end to the law of England. It was fortunate for the constitution of this kingdom that in the judicial proceedings in the case of ship-money the judges did not then venture to depart from the ancient course. They gave their judgment in open court. Their reasons were publicly given, and the reasons assigned for their judgment took away all its authority." In the United States the reporting of judicial decisions has been carried on in various ways. It is common in most states to have a court reporter, appointed for the purpose by » Bishop's First Book of the Law, § 153. 10 Banks v. Manchester, 128 U. S. 244, 9 Sup. Ct. 36, 32 L. Ed. 425. 132 AMERICAN LAW PUBLICATIONS. (Part HI the court, and paid out of the public treasury. In some states, however, the office is an elective one, and in one state the Supreme Court reporter is appointed by the public printer. In each jurisdiction the decisions of the courts are published in separate series, and these sets of books, which are usually subsidized by the government, directly or indi- rectly, are called "official," to distinguish them from the re- ports of the same cases published by private enterprise. The official reports of the different states vary greatly as to the style, form, accuracy, and completeness, according to the experience and ability of the particular reporter, and the plan or system under which the cases are published. In America, as in England, there have been numerous non- official and nonsubsidized law reporting enterprises. In this country, where the decisions of every state are a mat- ter of serious concern in every other, and the law in every state is derived from the same source and is based on the same principles, the demand of the bar at large has been for years for a common plan of systematic law reporting, and a uniform system of headnotes and digest, that would enable the lawyers of the whole country to become familiar with the decisions of every part of it.^^ Thus the success of the nonofficial law reporting enterprises in this country is due to the intrinsic merit of their work, and to the demand for a systematic and uniform plan of reporting at a low cost to the profession. It is the custom to publish in book form the decisions of all the United States courts and the decisions of the courts of last resort and most of the intermediate appellate courts of all the states. § 68. Federal Reports. The Constitution of the United States provides that "the judicial power shall be vested in one Supreme Court, and such inferior courts as Congress may from time to time or- dain and establish." We therefore have in our national ju- diciary, first, the Supreme Court of the United States, es- 11 Report of American Bar Association 1898, p. 440. § 68) BOOKS OP PEIMAKT AUTHORITT. 133 tablished by the Constitution, and not subject to the action of Congress ; and, next, the following tribunals established by Congress, and over which Congress has complete control — the United States Circuit Courts of Appeals, the United States Circuit Courts, the United States District Courts, the territorial courts, the courts of the District of Columbia, the bankruptcy courts, and the Courts of Claims. The reports of the decisions of the United States Supreme Court go back to the year 1790. From that date to 1874 there were 90 volumes published, and it is the custom to cite these volumes by the name of the particular court re- porter under whose direction the books were issued. Dur- ing that period of eighty-four years there were seven persons who acted in the capacity of United States Court reporter, and the names of these reporters have become very familiar to the American lawyer. The dates and numbers of volumes published under their direction are as follows : Date. Vols. Dallas' Reports 1790-1800 4 Cranch's Reports 1801-1815 9 Wheaton's Reports 1816-1827 12 Peters' Reports 1828-3842 16 Howard's Reports 1843-1860 24 Black's Reports 1861-1862 2 Wallace's Reports 1863-1874 23 The reports of Wallace are the last to be officially cited by the name of the court reporter; and in 1875, beginning with the term of the next reporter, whose name was Otto, the volumes of the United States Reports are designated and cited by number, beginning with volume 91, and con- tinuing 92, 93, 94, etc., to the last volume issued to date, The official reports are published first in advance parts, and later in bound volumes. There are several other edi- tions of the United States Supreme Court reports. One of these series, known as "Curtis' United States Supreme Court Decisions," covers the cases reported in 1 Dallas to 17 How- ard in 23 books. This series is continued by "Miller's Unit- ed States Supreme Court Decisions," covering 18 Howard to 2 Black, in 4 books. The Lawyers' Edition of the United States Reports is published in "books," several volumes in a book. The series 134 AMERICAN LAW PUBLICATIONS. (Part III (which is annotated) begins with 1 Dallas, and continues to date, with advance sheets giving prompt reports of the cur- rent decisions. The United States Supreme Court Reporter is a part of the National Reporter System. It begins with volume 106 of the United States Reports, and continues to date; one volume being published each year. In this series the deci- sions are first published in the form of advance sheets, dur- ing the term of court (from October to May) ; then the bound volume is published, containing in full a report of all the cases decided during the year. In 1789, immediately after the adoption of the federal Constitution, the United States Circuit Courts were estab- lished by Congress. The whole country was divided into districts, and the several districts were grouped so as to form circuits. At present there are in the United States seventy-four districts, arranged in nine circuits. As the business of the United States Supreme Court was increasing to such enormous proportions that the court could not dispose of it, an act was passed by Congress in 1891 establishing in each circuit a Circuit Court of Appeals, the purpose of which was to relieve the pressure on the Supreme Court. The cases coming before these Circuit Courts of Appeals are mostly cases that would otherwise have gone to the Supreme Court. Most of their decisions are final, but some may be further appealed to the Supreme Court. All the decisions of the United States Circuit Courts and the United States District Courts since 1880, and of the United States Circuit Courts of Appeals, from the organiza- tion of these courts, are reported in the Federal Reporter, and most of them nowhere else. Until 1880, the date when the Federal Reporter was es- tablished, the decisions of the United States Circuit Courts were not published in any systematic manner. If a deci- sion was exceptionally noteworthy, it would probably in some manner find its way into some of the legal magazines of the time. If not, it would never be published at all. § 68) BOOKS OF PRIMARY AUTHORITY. 135 There were various attempts made to publish a separate series of reports for each circuit, but this manner of report- ing was not satisfactory to the profession, and after the estabHshment of the Federal Reporter, in 1880, one by one these different series of reports ceased to be published. These early reports, published in separate series by cir- cuit, were not only incomplete, but they became difficult to obtain, and were very expensive; a full set costing about one thousand dollars. The demand for a complete and con- tinuous series of the lower federal court decisions from the very beginning resulted in the publication of one of the most finished and satisfactory set of legal reports ever print- ed — the Federal Cases. This series of thirty-one large vol- umes (including a digest) is an annotated reprint of all the decisions of the United States Circuit and District Courts from the earliest times to 1880, the date of the establish- ment of the Federal Reporter, with which it connects. The Federal Cases contain some 18,000 cases, including all those reported in the 150 volumes of old Circuit and Dis- trict reports, and nearly 5,000 important decisions reported from legal periodicals, and about 1,800 cases reported from manuscripts, and thus rescued from oblivion and made ac- cessible to the profession for the first time. All the cases are arranged alphabetically by title, making it a simple mat- ter to find a decision, in whatever form it may be cited. When the United States Circuit Courts of Appeals were organized, in addition to reporting their decisions in the Federal Reporter, a separate series of reports was commen- ced for the exclusive reporting of these cases. This series was called the "Circuit Courts of Appeals Reports." It is still being published, containing many excellent notes. For a number of years the decisions of the United States Circuit Courts of Appeals were also published in a series known as the "United States Appeals Reports." In 1899, however, after 63 volumes had been published, the series was discontinued, and is now practically obsolete. There are, in addition to the foregoing reports of the United States Courts, special series of reports of the Court of Claims, the bankruptcy courts, and the courts of the District of Colum- bia. 136 AMERICAN LAW PUBLICATIONS. (Part III § 69. State Reports — Official Series. From the earliest times it has been the custom in each state to publish the reports of the highest court in a sepa- rate series, entitled briefly after the name of the state — for example, "Massachusetts Reports," "Alabama Reports." The first American state reports published were those of Mr. Kirby, comprising cases adjudged by the Superior Court of Errors of Connecticut, beginning in the year 1785. In 1814 the Connecticut General Assembly passed an act authorizing the Superior Court of Errors to appoint a re- porter of their decisions. Under this act Mr. Thomas Day became the first official American court reporter. In early times it was common to give the volumes of reports the name of the court reporter through whom they were issued — for example, "Day's Reports" (Connecticut), "Cushing's Reports" (Massachusetts), "Grattan's Reports" (Virginia). The names formerly applied are in most instances still re- tained locally for those particular volumes. For many years, however, it has been the custom in most states to designate the volumes of reports consecutively by number — for example, "145 Massachusetts," "93 Virginia." § 70. State Reports — Nonofficial. The bulk of American case law increased so rapidly that the lawyer of average means could not afford to purchase for his own use the reports of all the different states. Over 5,000 volumes of state reports have already been published, and the number is increased each year by about 150 addi- tional volumes. In 1879 a method of systematic nonofficial law reporting was inaugurated in this country, by the establishment of the first Reporter of the National Reporter System. The theory upon which this system of reporting is based is that of combining into one periodical publication the current Supreme Court reports of a group of neighboring states. This interstate co-operation made it possible to give out the decisions promptly on their filing, instead of its being neces- sary to hold them for a year, or perhaps for two or three § 70) BOOKS OF PRIMARY ATJTHORITT. 137 years, in order to gather enough material in one jurisdiction for a bound volume ; ^'^ and the wide clientage secured by making each Reporter cover a group of states assured suf- ficient financial returns to make the subscription price very low. The System rapidly developed, until within a few years it evolved into a comprehensive enterprise for supply- ing the profession with current and systematic reports, and all the decisions of federal and state courts of last resort, at a rate less than one-fourth their former cost. The plan of prompt and economical publication, based upon a combination of courts for material, and the co-opera- tion of the lawyers of several states for support, was extend- ed, until in January, 1887, the seven State Reporters, each covering a group of neighboring states, formed together a National Reporter System, which embraces the courts of last resort of all the states, together with two other Re- porters covering all the federal courts. ^^ This flexible ar- rangement enabled a subscriber to take, if he wished, sim- ply the Reporter which included his own state, or, if he wished, to extend his subscription so as to include the entire system. By reason of the fact that the reports of the whole coun- try are published in a single system, it became possible to adopt a common system of headnotes, and a general, uni- 12 The "official" state reports are usually Issued in bound voliunes only, and hence they are necessarily many months, if not, as in some instances, years, behind, since they must wait for enough decisions to accumulate to make the required number of pages for a bound volume. In the Reporters the decisions are published within a few weeks after filing, in the form of advance sheets, and in bound vol- umes on an average of every four months. This method has been adopted by the official reporter in some of the larger states, following the example of the Reporter System. 13 The back volumes of the National Reporter System make a com- plete report of American case law from the time the System was es- tablished. By actual count, the number of cases reported to 1904 is 348,121. The total number of cases before the time of the Reporter System is 364,222, so that to-day (1905) the Reporters make available one-half of all American cases from the beginning; and this, being the latest half, includes the authorities most frequently needed and cited. 138 AMERICAN LAW PUBLICATIONS. (Part III form plan of reporting.^* The Reporters supply in about 25 volumes per annum matter which makes some 150 vol- umes of state reports, all cases being published upon which there is a written opinion.^" The decisions are published in two editions — first in pamphlet form, as advance sheets, and later in bound volumes. Before the cases are printed in the permanent, bound edition, the judges very generally revise their opinions, correcting any errors that may have occurred in the first report ; thus making the System prac- tically "official" in everything except in name. 1* In most states the oflSce of court reporter is quasi political, and the selection is due, often, not to any special fitness on the part of the applicant, but to his political influence, while the editorial work in the Reporters is done by trained men, who make it their regular occupation, and who are selected with a view to their special fitness for the work. The fact that the "oflScial" state reports are edited and published by public oflScers, and in every state these officials are working Independently of each other, each with his own theory of law reporting, makes it impossible that either editorial or mechanical uniformity can ever be obtained in these disassociated series ; and each series Is full of inconsistencies as each new court reporter has departed from the practice of his predecessor. In the Reporters, on the other hand, uniformity was secured naturally and without diffi- culty, since there soon grew up a trained editorial corps, working under one code, and developing the best ideas of reporting upon an approved theory. See Report of Committee on Law Reporting and Digesting, Reports of American Bar Association 1898. 1 6 Many of the State Reports do not report all of the cases decided. For example, the reports of New Jersey omit nearly seven hundred important cases decided by the Supreme Court of that state, and which have been published in the first thirty-three volumes of the Atlantic Reporter ; the reports of Pennsylvania omit over fifteen hun- dred cases that have been decided by the Supreme Court of that state, and which are reported in the Atlantic Reporter ; the reports of Cal- ifornia omit over two thousand cases of the Supreme Court of that state which are published in the Pacific Reporter ; while the reports of Kentucky and Texas fail to report over four thousand and nine thousand cases, respectively, decided by the appellate courts in these states, which are published in the Southwestern Reporter. If all the cases that have been omitted from the official state reports that ap- pear in the Reporters were compiled and published as a separate series of state reports, the set would number between 250 and 300 volumes. § 70) BOOKS OF PKIMAKT AUTHOEITT. 139 The seven State Reporters of the National Reporter Sys- tem, together with the states embraced in each Reporter, are as follows : The Nobthwestebn Reporteb (established In 1879), reporting in full tlie decisions of the courts of last resort of Michigan, Wisconsin, Minnesota, Iowa, Nebraska, Dakota, North and South Dakota. The Pacific Bepoetee (established in 1883), reporting in full the de- cisions of the courts of last resort of California, Colorado, Idaho, Oregon, Montana, Nevada, New Mexico, Kansas, Oklahoma, Ari- zona, Utah, Washington, and Wyoming. The Noetheasteen Repobtee (established in 1885), reporting in full the decisions of the courts of last resort of New York, Massachu- setts, Ohio, Illinois, and Indiana. The Atlantic Eepoetee (established in 1885), reporting in full the decisions of the courts of last resort of Maine, New Hampshire, Vermont, Connecticut, Rhode Island, New Jersey, Pennsylvania, Delaware, and Maryland. The SotTTHWESTEEN Rbpoetee (established in 1886), reporting in full the decisions of the courts of last resort of Missouri, Arkansas, Indian Territory, Texas, Kentucky, and Tennessee. The Sotjtheasteen Repobtee (established in 188T), reporting in full the decisions of the courts of last resort of Virginia, West Vir- ginia, North Carolina, South Carolina, and Georgia. The Southeen Repobtee (established in 1887), reporting in full the decisions of the courts of last resort of Alabama, Florida, Loui- siana, and Mississippi. One important effect of the National Reporter System, that has resulted in much benefit to the body of American jurisprudence, has been the harmonizing of decisions. Be- fore its day, when decisions from other jurisdictions were more difficult of access, each court stood in a great measure by itself, and as a consequence there were many conflicting opinions, arising from the inability to know all the prece- dents. The Reporters, by making the latest decisions from the whole country easily accessible to every judge as well as to the bar at large, has reduced this conflict in a most marked manner. In the words of Judge James H. Roth- rock, of the Supreme Court of Iowa, "the National Reporter System enables the courts of last resort in all the states to harmonize the law, and thus prevent, in a great degree, con- flicting decisions upon doubtful questions." '" 140 AMERICAN LAW PUBLICATIONS. (Part ID In addition to the official and nonofficial reporting sys- tems described, there are several nonofficial series of law reports that publish selected cases only. The Lawyers' Reports Annotated began in 1888, and has now issued 69 volumes of selected cases and annotations. The platform of the series, which has been consistently fol- lowed, is — (1) To select only those cases which give judicial form to a new principle, apply an old principle to new conditions, or include a specially valuable discussion of an important and practically useful point ; (2) To give a full, complete, and accurate original report of each case, including points and authorities referred to in counsel's briefs, where they add to its value ; and (3) To supplement these reports with annotations, tak- ing up a specific point, with an attempt to make it include the presentation of all reported decisions upon that point. About 600 cases are published per annum. Each volume contains the equivalent in amount of matter of about four ordinary official state report volumes, selected from the courts of last resort of the various states and the federal courts, together with a large additional amount of text work in the annotation. There is also issued in con- nection with the set a supplement, "L. R. A. Cases as Au- thorities," which takes up the cases reported in the first 50 volumes, and traces their history, showing where used as authority in all the courts, and how regarded, and gives a brief digest of the holding of such following cases — ^between 50,000 and 60,000 in all — upon the points in issue; thus supplementing these earlier decisions and their annotations with the later cases founded upon them. These "authori- ties" are included as an appendix in volumes 1 to 50 of sets of L. R. A. as now sold. The series of reports which the publishers sometimes style "The Trinity" consists of (1) the American Decisions, 100 volumes; (2) American Reports, 60 volumes; and (3) the American State Reports, 103 volumes at this date ; and embraces selections from all the official reports of the various states for the following years: The first, from § YO) BOOKS OF PEIMAET ATTTHORITT. 141 1760 to 1869 ; the second, from 1869 to 1887 ; and the third, from 1887 to date. The cases are selected on the ground that they are of paramount importance and general value to the profession in every part of the United States. Hence those involving mere questions of practice zniTS, INSANE PERSONS. Questions relating to arrest and bail will be considered under AR- REST, BAIL, and those relating to extradition of fugitives will be found under EXTRADITION. Searches and seizures of property will be considered under SEARCHES AND SEIZURES. Prosecuting at- torneys and grand juries, and all questions relating to one or the other, will be considered under the topics DISTRICT AND PROSE- CUTING ATTORNEYS, GRAND JURY. The finding and requisites of indictments or other accusations, objections thereto, and mo- tions to quash demurrers thereto, amendment thereof, variance be- tween averments and proof, and conviction of offense included in that charged, are all treated under the topic INDICTMENT AND INFOR- MATION. Guaranty of trial by jury is under JURY, and the effect as adjudication of acquittal, conviction, judgment, or sentence will be found under JUDGMENT. The disabilities and regulation of con- victs, the establishment and regulation of prisons and reformatories, and pardon or commutation of sentence, will be found under CON- VICTS, PRISONS, REFORMATORIES, PARDON. Proceedings for discharge from imprisonment by habeas corpus are treated under HABEAS CORPUS. The nature, elements, and degrees, grounds of defense, prosecution, and punishment of particular classes of offenses, or offenses peculiar to particular classes of persons or personal rela- tions or occupations, or incident to particular species of property or kinds of transactions, will be found under specific heads dealing with the particular offense, or the particular class of persona or species of property involved. CROPS. Questions relating to the annual products of the soil while mi- severed therefrom are considered under this topic. The promotion of agriculture in general and agricultural liens will be found under AGRICULTURE. The rights and liabilities incident to particular es- tates in land are under LIFE ESTATES, REMAINDERS, LANDLORD AND TENANT, and other specific heads. Conveyances and contracts relating to crops will be found under SALES, CHATTEL MORT- GAGES, and other specific heads, and the liability of crops to attach- ment or execution will be found under ATTACHMENT, EXECU- TION. CURTESY. This topic deals with the nature and incidents of the Interest In the real property of a deceased wife to which her husband is entitled for his life or absolutely, at common law or by statute, together with the abolition of curtesy and its effect, and remedies relating to curte- sy. The rights of a surviving husband in respect of community prop- § 79) MAIN HEADS OF THE LAW DEFINED. 233 erty will be found under HUSBAND AND WIFE, and the rights of such survivor In the homestead are considered under HOMESTEAD. The rights under statutory provisions for allowances out of the wife's estate are found under EXECUTORS AND ADMINISTRA- TORS. The rights of inheritance from a wife or in distribution of her personal estate are under DESCENT AND DISTRIBUTION, and the rights under the will of a wife, and election between curtesy and testamentary provisions, will be found under WILLS. CUSTOMS AND USAGES. Decisions as to established methods of dealing in particular occu- pations or trades, or in transactions of a particular kiud or in particu- lar localities, are grouped under this topic, together with those re- lating to pleading such customs and usages and evidence of them. Local as well as general customs having the force of law will be con- sidered under COMMON LAW and titles of specific subjects. The practice or course of dealing as between persons in particular re- lations will be found under the topics dealing with such relations, as PRINCIPAL AND AGENT, MASTER AND SERVANT ; and the evidence of a practice or course of dealing showing due care or neg- ligence, trespass, etc., will be foimd under NEGLIGENCE, TRES- PASS, and other specific heads. CUSTOMS DUTIES. Under this topic are considered decisions relating to taxes on im- ports or exports, the power to impose such duties, constitutional and statutory provisions relating thereto, property subject to duty, rights and remedies of importers or owners of goods, and punishment for violations of customs laws. Questions relating to excise duties and other internal taxes are considered under INTERNAL REVENUE. DAMAGES. This topic includes pecuniary compensation. Indemnity, or satisfac- tion allowed by law for injuries by the unlawful act or default of an- other ; rights to substantial or nominal damages, and to immediate, consequential, remote, or prospective damages, and also to compensa- tory or exemplary damages. This topic also includes questions re- lating to penalties and liquidated damages and measure of damages for breach of contract in general, measure of damages for torts in general, interest as an element of damages, questions as to wheth- er damages awarded are inadequate or excessive, and proceedings re- lating to recovery and assessment of damages in general. Causes of action and grounds of recovery of damages will be found under ACTION, and titles of particular forms and causes of action. Dis- tinctions between proximate and remote causes of injury will be found under NEGLIGENCE. The measure of damages for breaches 234 HOW TO FIND THE LAW. (Part IV of particular classes of contracts, and for particular classes of In- juries to person, property, reputation, etc., will be found under the specific topics dealing with such contracts or classes of injuries. The correction of errors in and review of awards of damages are under NEW TRIAL, APPEAL AND ERROR. Damages arising from the wrongful use or abuse of legal process are considered under PROCESS, ATTACHMENT, EXECUTION, INJUNCTION, and dam- ages for frivolous or vexatious appeal are included in the topic COSTS. DEAD BODIES. Under this topic the personal rights, duties, and liabilities of rela- tives and representatives of one deceased in respect of the posses- sion and disposition of the body, and offenses relating to the disposal of dead bodies, are considered. Liabilities of the estate of the de- ceased are under EXECUTORS AND ADMINISTRATORS. The burial of paupers will be found under PAUPERS, and the rights in burial lots and cemeteries and regulation of cemeteries under CEME- TERIES. The regulations for protection of public health and life are under the topic HEALTH, and Inquests as to the cause of death are treated under CORONERS. DEATH. This topic deals with the presumptions and proof as to death and survivorship in general, and also actions for cause of death. The sufficiency for particular purposes of evidence of death and the effect of death, and proceedings founded thereon, will be found un- der such topics as CONTRACTS, MASTER AND SERVANT, PRIN- CIPAL AND AGENT, PARTNERSHIP, WILLS, DESCENT AND DISTRIBUTION, EXECUTORS AND ADMINISTRATORS, ABATE- MENT AND REVIVAL, JUDGMENT. Negligence and wrongful acts causing death as grounds of actions for damages will be found under NEGLIGENCE, MASTER AND SERVANT, CARRIERS, RAIL- ROADS, and other specific heads, and actions for damages from death caused by sale of intoxicants will be found under INTOXI- CATING LIQUORS. DEBT, ACTION OF. Under this topic will be found decisions relating to actions of debt as distinguished from other forms of action, review of proceedings, and costs in such actions. Particular forms of obligations on which the action of debt may be maintained will be found under the topics dealing particularly with such obligations, as CONTRACTS, BONDS, JUDGMENT. Distinctions between forms of action are under AC- TION, and election between remedies imder ELECTIONS OF REM- EDIES. § 79) MAIN HEADS OF THE LAW DEFINEP, 235 DEDICATION. Included in this topic is the giving or devoting of real property or easements therein to the use of the public, and the acceptance and revocation of such dedication. The abandonment of property will be foimd under ABANDONMENT, the dedication to the public of in- ventions under PATENTS, and of literary works under COPY- EIGHTS. DEEDS. This topic deals with instruments in writing under seal In general, and more particularly conveyances of real property. Grants of land by the government will be considered under PUBLIC LANDS, and deeds by or to particular classes of persons will be found under the topics which deal particularly with the class of persons whose interests are involved, such as ALIENS, INFANTS, INSANE PER- SONS, PARTNERSHIP, ASSOCIATIONS, JOINT-STOCK COMPA- NIES, CORPORATIONS. Questions relating to deeds between per- sons in particular personal relations will be found under such topics as HUSBAND AND WIFE, PARENT AND CHILD, GUARDIAN AND WARD, EXECUTORS AND ADMINISTRATORS, ATTOR- NEY AND CLIENT. Deeds conveying or affecting particular kinds of property or easements therein are under MINES AND MINERALS, WATERS AND WATER COURSES, EASEMENTS, PARTY WALLS, and other specific heads. Questions relating to deeds given as security or in trust are considered under the topics MORTGAGES, CHATTEL MORTGAGES, TRUSTS, and those in execution of trusts and powers will be found under TRUSTS, POWERS. Deeds of land sold by guardians will be found under GUARDIAN AND WARD, and those by executors or administrators under EXECUTORS AND AD- MINISTRATORS. Questions relating to deeds under orders of court, judgments, or decrees will be found under JUDICIAL SALES, and other specific heads dealing with the orders, judgments, or de- crees under consideration. Questions relating to deeds under execu- tion will be found under EXECUTION, and those relating to tax deeds under TAXATION. Deeds which are fraudulent as to cred- itors of subsequent purchasers are considered under FRAUDULENT CONVEYANCES, and the requirements of the statute of frauds will be found under FRAUDS, STATUTE OF. The sufficiency in general of signatures is considered under SIGNATURES, and of seals under SEALS. The necessity and sufficiency of an acknowledgment to a deed will be found under ACKNOWLEDGMENT. Compelling execu- tion and delivery will be treated under SPECIFIC PERFORMANCE, ana the establishing of lost deeds under LOST INSTRUMENTS. The effect of the alteration of a deed will be found under ALTERATION OF INSTRUMENTS, and the reformation of a deed under REFORMA- TION OF INSTRUMENTS. Compelling cancellation or surrender of deeds is under CANCELLATION OF INSTRUMENTS, and the va- 236 HOW TO FIND THE LAW. (Part IV lidity, construction, and effect of covenants In deeds will be found under COVENANTS. Estoppel by deed and operation of cove- nants to pass title by estoppel will be found under ESTOPPEL, and the admissibility and effect in evidence of deeds, declarations of par- ties thereto, and of parol evidence to explain deeds, are treated un- der EVIDENCE. The operation and efCect of records of deeds as con- structive notice to purchasers and mortgagees will be found under VENDOE AND PURCHASER, MORTGAGES. DEPOSITARIES. This topic treats of the delivery of money or other personal prop- erty for safekeeping, either with or without compensation, to be re- delivered in accordance with the purpose of the deposit ; the rights, duties and liabilities of those receiving such deposits In general, and more particularly of depositaries of public moneys ; and remedies re- lating thereto. Deposits incident to a particular occupation will be found under the topic dealing particularly with such occupation, as BANKS AND BANKING, WAREHOUSEMEN, and deposit or pay- ment in court Is treated under the topics DEPOSITS IN COURT, TENDER, COSTS. DEPOSITIONS. Included In this topic is the testimony taken In judicial proceed- ings in writing upon interrogatories, oral or written, with opportuni- ty for cross-examination, whether taken under a bill to perpetuate testimony or otherwise, requisites of bills to perpetuate testimony, proceedings, and actions in which depositions may be taken and used. Competency of evidence in general goes to EVIDENCE, and compe- tency, attendance and examination of witnesses in court will be found under WITNESSES ; testimony in writing taken ex parte is treated under the topic AFFIDAVITS, and the use in evidence of testimony given at previous trials or in different actions or other proceedings will be found under EVIDENCE. DEPOSITS IN COURT. This topic deals with the delivery of money or goods to courts or officers of courts incident to civil actions made pursuant to stat- ute, rule, or order of court or consent of parties to the action. Pay- ment of money into court Incident to tender and deposit of money by way of security in particular proceedings, and effect of such pay- ment or deposits, will be found under TENDER, COSTS, BAIL, AP- PEAL AND ERROR, and other specific heads. The duties and liabili- ties of officers are considered vmder the topics OFFICERS, CLERKS OF COURTS, and titles of other specific officers; and the duties and liabilities of depositaries of public moneys will be considered un- der the topic DEPOSITARIES. § 79) MAIN HEADS OF THE LAW DEFINED. 237 DESCENT AND DISTRIBUTION. This topic deals with the transmission of property, real or per- sonal, by hereditary succession, the rights to inherit or share in the division of intestates' estates in general, and liabilities of heirs, next of kin, and other distributees. The disabilities of particular classes of persons to inherit will be found under the topics which deal with those classes particularly, as ALIENS, BASTARDS. The right to dower will be found under the topic of DOWER, and that of curtesy under CURTESY. The rights in a homestead are considered under the topic HOMESTEAD. The administration of decedents' estates in general will be found under EXECUTORS AND ADMINISTRA- TORS. Right to community property will be found under the topic HUSBAND AND WIFE. The rights of surviving partners to part- nership property, or to act as statutory partnership administrators, will be found under PARTNERSHIP. Inheritance and succession taxes are included in the topic ^TAXATION. DETECTIVES. This topic deals with the regulation and conduct of the business of detection of crime or other wrongdoing, or watching and protect- ing persons or property by private individuals or corporations. Deci- sions relating to municipal police oflQcers will be found under MU- NICIPAL CORPORATIONS, and those relating to other public offi- cers in general will be found under OFFICERS. DETINUE. Under this topic will be considered questions relating to actions for recovery of specific personal property wrongfully detained, or the value thereof as damages where it cannot be delivered, founded on the right of property, together with review of proceedings and costs in such actions. Actions founded on the right of possession merely will be found under REPLEVIN, and summary proceedings to determine and restore previous possession are included under the topic POSSESSORY WARRANT. Actions for damages merely for injuring, taking, converting or detaining personal property will be found under TRESPASS, TROVER AND CONVERSION. DISCOVERY. This topic deals with the obtaining and use of disclosures of facts, writings or other things within the knowledge, possession, or control of a defendant in a civil action or other person, as being part of a cause of action, or evidence to sustain an action brought or about to be brought by or against the party seeking disclosure, such dis- closure being obtained by compelling answers to bills in equity, or to interrogatories, or by oral examination of parties, or inspection of 238 HOW TO FIND THE LAW. (Part IV documents, books, or other matters. Taking and using testimony in form of depositions will be found under DEPOSITIONS. Compelling production of documents as evidence at trials by parties is treated under E)VIDENCE. Compelling a witness to produce a document to be used as evidence is under WITNESSES. The physical examina- tion of an injured person in assessing damages for the Injury will be found under DAMA.GES, and inspection or view by jury under TRIAL. DISMISSAL AND NONSUIT. The termination of civil actions before trial of the issues therein by voluntary act of the plaintifE in discontinuing or withdrawing from the suit, or becoming nonsuited, or by order of the court entered on consent of the parties, or made because of delay, defect, or default in the proceedings, is treated under this topic. The topic also in- cludes setting aside discontinuance, dismissal, or nonsuit, and rein- stating cause. The dismissal or nonsuit on failiu-e of proof at the trial goes to TRIAL. The entry of judgment on dismissal or nonsuit and defect of such judgment is under JUDGMENT, and the dis- missal of particular writs and proceedings through actions will be found under HABEAS CORPUS and titles of other special proceed- ings. The dismissal of appeals and writs of error are under AP- PEAL AND ERROR. Dismissal of criminal prosecutions are under CRIMINAL LAW. and dismissals and nonsuits in proceedings before justices of the peace are under JUSTICES OP THE PEACE. DISORDERLY CONDUCT. This topic deals with misconduct prejudicial to the safety, comfort, or welfare of others, not constituting a breach of the peace or other distinct offense, and the prosecution of such misconduct as a public offense. Offenses against the public peace In general will be found under BREACHES OF PEACE, and those against public health, safety, or comfort under the topic NUISANCE. Offenses against public decency will be found under the topic of OBSCENITY, and blasphemy or profanity under the topic BLASPHEMY. Questions relating to intoxication will be found under the topic DRUNKARDS. The keeping of a disorderly house is considered under DISORDERLY HOUSE, and disorderly mode or course of life under VAGRANCY. DISORDERLY HOUSE. Decisions relating to owning, letting, keeping, or. frequenting a build- ing, or portion of a building, used as a bawdy house, or for other lewd or Indecent purposes, or as a gaming house, or place for smoking opium, or other place of public resort, by which the peace, comfort or decency of the neighborhood is habitually disturbed, are considered under this topic, together with the keeping of such a house ; and the § 79) MAIN HEADS OP THE LAW DEFINED. 239 conduct of the Inmates which constitutes a public nuisance. The prosecution of such acts as public ofCenses also falls within the scope of the topic. Nuisances in general are excluded, and will be found under the topic NUISANCE. Keeping places for illegal sale of in- toxicating liquors will be found under the topic INTOXICATING LIQUORS. DISTRICT AND PROSECUTING ATTORNEYS. This topic deals with questions relating to public prosecutors for particular districts or counties in civil, as well as criminal, cases; their eligibility for the oflBce, appointment, qualification, and tenure, together with the rights, powers, duties, and liabilities of themselves and their assistants. City attorneys and counsel of municipal cor- porations are under MUNICIPAL CORPORATIONS. Questions con- cerning the election of district or county attorney by popular vote will be considered under ELECTIONS. Particular proceedings by prosecuting attorneys will be found under the specific topics relating to such proceedings, as GRAND JURY, INDICTMENT AND INFOR- MATION. DISTRICT OF COLUMBIA. This is the District ceded to the United States as the seat of gov- ernment, and the topic deals with the cessions of the territory and their efEect in general ; the status of the District as a body politic and corporate ; the establishment and control of the capitol and other public buildings and public reservations ; the power of the national government over the District; local laws and laws of the United States applicable thereto. It also includes the establishment and organization of the local government, appointment of officers thereof, and rights and powers, proceedings and liabilities, of such govern- ment, its officers and agents, public improvements and assessments therefor, and the administration in general of the government of the District. The rights of citizens in the District in general will be found under CITIZENS, CONSTITUTIONAL LAW, CIVIL RIGHTS. Questions relating to the courts of the District will be considered under the topic COURTS, and particular subjects of jurisdiction. Questions relating to the judges and other officers thereof will be considered under the topics JUDGES, CLERKS OF COURTS, and other specific heads. DISTURBANCE OF PUBLIC ASSEMBLIES. This topic includes acts or conduct interfering with the peace or order of a lawful assemblage of persons for religious or other pur- poses, and the prosecution of such .acts or conduct as public ofCenses. Breach of public peace is excluded, and will be found under the topic BREACH OF THE PEACE. 240 HOW TO FIND THE LAW. (Part IV DIVORCE. Pecislons relating to the dissolution of the relation of marriage, tota) or partial, by legislative or judicial action, and judicial sepa- ration of husband and wife, will be grouped under this topic. Re- view of proceedings and costs in such actions are also included. Ac- tions to annul marriage will be considered under MARRIAGE. Sep- arations by agreement and actions for separate maintenance, with- out divorce, will be found under the topic HUSBAND AND WIFE. The effect of divorce on rights of dower is considered under dower, while its effect on curtesy is considered under CURTESY. The effect of divorce on the homestead rights will be found under HOMESTEAD. DOMICILE. This topic deals with the places of fixed habitation of individuals, their nature, acquisition, and change thereof in general. The domi- cile of partnerships will be considered under PARTNERSHIP, and that of corporations under CORPORATIONS. What constitutes domi- cile for particular purijoses, and application of the law of the domi- cile to particular subjects, will be considered under specific heads, which have particular reference to such purposes or subjects. DOWEB. Under this topic are included the nature and incidents of the in- terest in the real property of a deceased husband, to which his widow is entitled for her life or absolutely, at common law or by statute, and remedies relating thereto. The rights of a widow in respect to community property will be considered under HUSBAND AND WIFE, and her rights to the homestead under HOMESTEAD. Rights of quarantine and other statutory provisions for allowances out of the husband's estate will be found under EXECUTORS AND ADMIN- ISTRATORS, and rights of inheritance from husband, or in distribu- tion of husband's personal estate, are considered under DESCENT AND DISTRIBUTION. The rights under will of a husband, and election between dower and testamentary provisions, will be consid- ered under WILLS. DRAINS. Included in this topic are channels and other works constructed by public authority for drainage of swamp or lowland, the nature and scope of power to establish and maintain such works, and the con- struction and maintenance of such works. Questions relating to drains or sewers in incorporated cities will be considered under MU- NICIPAL CORPORATIONS. The rights and liabilities of owners of land in respect of surface or subterranean waters in general, and private rights of drainage through other lands, will be found under WATERS AND WATER COURSES. The exercise of the power of eminent domain will be considered under EMINENT DOMAIN. § Y9) MAIN HEADS Or THE LAW DEFINED. 241 DRUGGISTS. This topic treats of the regulation of the manufacture, dispensing and sale of medicine and other drugs by apothecaries or others, and liability for injuries from negligence therein. The regulation of man- ufacture and sale of intoxicants will be found under the topic IN- TOXICATING LIQUORS, and the regulation of poisons under POI- SONS. The offense of adulterating drugs Is treated under the topic ADULTERATION, DRUNKARDS. Under this topic will be found questions relating to the rights and disabilities in general of persons affected by intoxication which is not merely temporary in its effects, the custody and protection of their persons and property, and legal proceedings affecting them: The topic also includes the offense of drunkenness, either habitual or occasional. Disability from temporary intoxication will be con- sidered under such topics as CONTRACTS, DEEDS, CRIMINAL LAW. Questions relating to the testamentary capacity of drunk- ards will be found under WILLS. The sale of liquors to drunkards or intoxicated persons is included in the topic INTOXICATING LIQ- UORS. Questions relating to asylums for Inebriates are considered under the topic ASXLUMS. Drunkenness as a ground for divorce will be found under DIVORCE. DUELING. This topic includes fighting with weapons by previous agreement or on a previous quarrel, advising or aiding therein ; sending, car- rying, delivering, or accepting a challenge so to fight, provoking or Inducing another to give or accept such challenge, and posting or advertising another for not fighting or for not sending or accepting a challenge to fight such a duel. It also includes prosecution of such acts as public offenses. Fighting by agreement, without weapons, is considered under the topic PRIZE FIGHTING. Fighting without previous agreement therefor or quarrel is considered under AJTFRAY. The killing of another in a duel is treated under HOMICIDE. EASEMENTS. Included in this topic are the nature and Incidents of privileges of proprietors of real property in lands of others, independent of own- ership of the soil, their creation by reservation or other means, and the use, transfer, and extinguishment thereof, and remedies relating thereto. The mutual rights, duties, and liabilities of proprietors of adjoining lands in general will be considered under ADJOINING LANDOWNERS. Questions relating to public easements will be considered under DEDICATION, HIGHWAYS, NAVIGABLE WA- TERS. Easements affecting particular species of property will be Bbief Mae.— 16 242 HOW TO FIND THE LAW. (Part IV found under sucli topics as MINES AND MINERALS, PARTY WALLS, WATERS AND WATER COURSES. The validity and con- struction of deeds creating or conveying easements will be con- sidered under DEEDS. EJECTMENT. Under this title actions for recovery of specific real property found- ed on right of possession and right to damages for being deprived thereof, whether proceeding according to common law or statutory forms, will be considered, together with enforcement of judgment by writ of possession or otherwise, review of proceedings, and costs In such actions. Real actions in general, founded on right of property, will be found under REAL ACTIONS, and those founded on right of possession will be found under ENTRY, WRIT OP. Actions found- ed on forcible entries, unlawful detainer, etc., go to FORCIBLE EN- TRY AND DETAINER, and those founded on the right to damages for trespass to TRESPASS TO TRY TITLE. Actions for damages for wrongful entry upon or injury to real property will be found under TRESPASS. The recovery of possession of particular kinds of property, or by holders of particular classes of estates or interest, will be found under such heads as MINES AND MINERALS, TEN- ANCY IN COMMON, LANDLORD AND TENANT, MORTGAGES. The effect of adverse possession and of statutes of limitation will be considered under ADVERSE POSSESSION, LIMITATION OP ACTIONS. New trials as of right in actions of ejectment will be found under NEW TRIAL. ELECTION OF REMEDIES. The choice between different means of redress afforded by law for the same injury, or different forms of proceeding on the same cause of action, will be considered under this title. Election between in- consistent or alternative rights, claims, etc., will be found under such topics as WILLS, CONTRACTS, PRINCIPAL AND AGENT, EQ- UITY. Elections between remedies incident to particular trans- actions goes to the topic dealing with that particular transaction, such as CARRIERS, INSURANCE, SALES. Election between counts in pleading will be found under PLEADING, and election in indict- ments will be considered under INDICTMENT AND INFORMA- TION. ELECTIONS. Included in this topic is the choice by popular vote at general or special elections of public oflBcers, and determination by such vote of questions submitted thereto. It also includes nature of the right of suffrage and regulation of Its exercise in general, ordering or call- ing elections, nominations, and ballots, conduct of elections and as- certaining results and making returns thereof, proceedings to contest § 79) MAIN HEADS OF THE LAW DEFINED, 243 result, and violations of election laws. Election or appointment of officers by legislative or other bodies will be found under such topics as STATES, COUNTIES, TOWNS, MUNICIPAL CORPORATIONS, OFFICERS. The election of officers of private corporations goes to CORPORATIONS. ELECTRICITY. This topic deals with the regulation, production, and use of elec- tricity, and of machinery, structures, and apparatus employed therein in general, and the supply of electricity as a motive power or for other purposes and rights, duties, and liabilities incident thereto. Powers of municipalities to grant franchises to companies engaged in the manufacture or supply of electricity will be found under MUNICI- PAL CORPORATIONS. The duties and liabilities of employers with reference to the use of electricity are included under the topic MAS- TER AND SERVANT. The use of electricity in the operation of railroads is treated under the topics RAILROADS, STREET RAIL- ROADS, and its use by telegraph or telephone lines under TELE- GRAPHS AND TELEPHONES. EMBEZZLEMENT. This offense consists in the fraudulent appropriation of personal property by one in possession thereof to whom it has been intrusted by or for the owner, as bailee, servant, agent, trustee, public officer, etc. The topic also includes the nature and elements of the crime of embezzlement, larceny by bailee, and the prosecution of such acts as public offenses. The separate liability for conversion of property will be treated under TROVER AND CONVERSION. The offenses of taking and removing or fraudulently obtaining property in pos- session of another will be found under LARCENY, FALSE PER- SONATION, FALSE PRETENSES. EMBBACERV. This offense consists in improperly influencing, or attempting to in- fluence, the action of a juror, arbitrator, or referee, in respect of the verdict, award, or other decision to be rendered, by any means not con- stituting bribery. The topic also includes prosecution of such acts as public offenses. Bribery of jurors is considered under BRIBERY. EMINENT DOMAIN. This topic treats of the taking of property from its owner for public use, and the rights, liabilities, and proceedings incident thereto. Vol- untary dedication of property to public use is considered under DEDI- CATION, and the taking or use of property for military purposes in time of war will be found under WAR. 244 HOW TO FIND THE LAW. C^SXt TV ENTRY, WBIT OF. Included under this title are actions for recovery of specific real property founded on mere right of possession thereof, without or with Incidental recovery of damages for detention of profits thereof; more particularly, writs of entry and statutory possessory actions of similar character, review of proceedings, and costs in such actions. Real actions founded on right of property are treated under REAXi ACTIONS, and actions for forcible entry and detainer and of forcible detainer are found under FORCIBLE ENTRY AND DETAINER. The recovery of possession merely of real property, and damages for detention thereof, are considered under EJECTMENT, TRES- PASS TO TRX TITLE. Actions for damages for wrongful entry upon or injury to real property are found under TRESPASS, and writs of entry to foreclose mortgages under MORTGAGES. EQUITT. The administration of equity as a distinct system of jurisprudence, either by separate courts of chancery or by other courts exercising chancer}' powers, is considered under this topic, together with the na- ture, grounds, limits, and subjects of jurisdiction In equity in gen- eral, and the principles and maxims of equity jurisprudence and pro- cedure peculiar to suits In equity. Jurisdiction of courts of equity, and Its exercise over particular classes of persons or species of prop- erty or estates therein, will be found under the topics INFANTS, PARTNERSHIP, TRUSTS, and other specific heads. Particular eq- uitable estates, rights, and defenses will be considered under topics which treat especially of such estates, rights, and defenses, such as ESTATES, ASSIGNMENTS, MORTGAGES, LIENS, ESTOPPEL, SET-OFF AND COUNTERCLAIM. Particular equitable remedies will be found under INJUNCTION, QUIETING TITLE, CANCELLA- TION OF INSTRUMENTS, REFORMATION OF INSTRUMENTS, SPECIFIC PERFORMANCE, ACCOUNT, DISCOVERY. Equitable relief and equitable defenses In actions of common law or under practice acts or codes abolishing distinction between actions at law and suits in equity will be found la ACTION, PLEADING, and titles of particular proceedings in actions. Appeals from decrees or orders In equity will be found under APPEAL AND ERROR. Costs in eq- uitable cases are Included in the topic COSTS. The organization and general conduct of business of courts of equity will be found under COURTS. ESCAPE. This topic treats of the voluntary departure and attempts of pris- oners to depart from lawful custody of officers or other persons, or from any place where they are lawfully confined, and the prosecu- tion of such acts as public offenses. The civil liabilities of officers (or permitting an escape will be found under such specific titles as § 79) MAIN HEADS OP THE LAW DEFINED. 245 OFFICERS, SHERIFFS AND CONSTABLES. Resisting or ob- structing arrest is treated under OBSTRUCTING JUSTICE ; and de- livery of prisoners from custody by others under RESCUE. ESCHEAT. The reversion of property, real or personal, to the state for want of persons legally competent to hold or take It, is included under this title, together with the conveyance, release, and enforcement of the rights of the state. Disabilities of particular classes of persons to inherit are found under topics which have special reference to such classes, as ALIENS, BASTARDS. ESCROW^S. Questions relating to deeds, bonds, and other obligatory writings delivered to a person not a party thereto, to be held by him until the performance of a specific condition or the happening of a cer- tain contingency, and then to be delivered to the grantee or obligee, are considered under this topic. The delivery as escrow, as a com- pliance with the statute of frauds, is included under FRAUDS, STATUTE OF. ESTATES. Included In this topic are the nature and incidents of interests in real or personal property in general, and of estates in fee or absolute ownership, and union or merger of estates. The creation and trans- fer of estates are treated under DEEDS, WILLS, DESCENT AND DISTRIBUTION, and other specific heads. Particular estates, or es- tates less than the fee, are treated under ESTATES TAIL, LIFE ESTATES, DOWER, CURTESY, LANDLORD AND TENANT, RE- VERSIONS, REMAINDERS. Estates which are held jointly or in common are under JOINT TENANCY, TENANCY IN COMMON. Questions relating to estates of decedents are considered under EX- ECUTORS AND ADMINISTRATORS. The estates of Insolvents and bankrupts are considered under INSOLVENCY, BANKRUPTCY. ESTATES TAIL. Included in this topic are the nature and Incidents of estates of inheritance limited to issue, general or special, abolition of such es- tates and its effect, rights, powers, and liabilities of tenants in tail and barring entails. The general operation of the rule In Shelley's Case is considered under ESTATES, and the construction of grants and devises in tail will be considered under DEEDS, WILLS. ESTOPPEL. The preclusion of persons from asserting or denying matters of fact, rights, or claims contrary to or inconsistent with previous allegations, admissions, denials, acts, or conduct of the same per- 246 HOW TO FIND THE LAW. (Part rv sons, or those under whom they claim, will be considered under this topic. The liability of particular classes of persons to be estopped will be found imder the topic dealing particularly with the class of persons estopped, such as INFANTS. Estoppel of tenant to exclude landlord's title is included in the topic LANDLORD AND TENANT. The conclusiveness and effect of judgment will be found under the topic JUDGMENT. EVIDENCE. This topic deals with the means of ascertaining the truth respect- ing matters of fact in issue in civil actions and proceedings in gen- eral, and admissibility for that purpose of relevant facts, statements, opinions, character, reputation, etc. It also includes the modes of proof and production of evidence other than testimony of witnesses, particularly documentary evidence, and the exclusion of oral by documentary evidence, the burden of making proof and operation of presumptions, and the suflBciency and effect of evidence in civil cases in general. The competency of witnesses, attendance and pro- duction of documents, etc., by witnesses, and the examination and credibility of witnesses, are all found under the topic WITNESSES. Taking and use of written testimony is treated under DEPOSITIONS, AFFIDAVITS, and the acknowledgment and record of written in- struments are found under ACKNOWLEDGMENT, RECORDS. Es- toppel to assert or deny matters of fact will be found under ESTOP- PEL, and the discovery of evidence under DISCOVERY. Evidence to sustain particular causes of actions or defenses thereto will be found under CONTRACTS, TORTS, and other specific heads. Evi- dence in particular forms of civil actions will be found under titles of various forms of action. Evidence to sustain or defeat particular remedies in actions will be found under ARREST, ATTACHMENT, and other specific heads. Evidence in actions for particular forms ■of relief will be found under such heads as DIVORCE, EJECTMENT, REPLEVIN, SPECIFIC PERFORMANCE. If the evidence is of- fered in civil proceedings other than actions, it will appear under HABEAS CORPUS, MANDAMUS, and titles of other special pro- ceedings. Rules of evidence peculiar to procedure in equity will be found under EQUITY, and those peculiar to admiralty under AD- MIRALTY, SHIPPING, COLLISION. Rules of evidence which ap- ply particularly to proceedings under bankruptcy acts will be found under BANKRUPTCY. Evidence in criminal prosecutions will be considered under CRIMINAL LAW and titles of particular crimes. The admissibility of evidence as dependent on pleadings, and what constitutes variance and its effect, are considered under PLEADING; practice in reception of evidence goes to TRIAL, REFERENCE. The province of court and jury as to questions of fact and instructions to juries on the evidence are found under TRIAL. The correction of errors and review of decisions in regard to admission or rejection of evidence, or Involving the weight of evidence, will be found under EXCEPTIONS, BILL OF, NEW TRIAL, APPEAL AND ERROR. § 79) MAIN HEADS OP THE LAW DEFINED. 847 EXCEPTIONS, BILL OF. Under this title are grouped decisions referring to statements in writing of exceptions taken to rulings or other action of the court at trials of civil causes, required for correction of errors at such trials, and proceedings to compel settlement, signing, sealing, and filing thereof. Exceptions in criminal cases will be foimd under CRIMINAL LAW, and those to pleadings or other proceedings in equity under EQUITY, and, if they relate to admiralty, they will be found under ADMIRALTY. The taking and noting of exceptions at trials is considered under TRIAL, REFERENCE. The review of decisions relating to making bills of exceptions, and the hearing of exceptions in first instance by appellate court, are considered under APPEAL AND ERROR. The necessity and use of exceptions on mo- tion for new trial will be found under NEW TRIAL, and on appeals or writs of error under APPEAL AND ERROR. EXCHANGE OF PROPERTY. This topic deals with the mutual transfers of ownership of prop- erty by way of interchange without fixed price or valuation, and rem- edies relating thereto. Conveyances of land by way of exchange are excluded, and will be found under DEEDS. EXCHANGES. Under this topic are found decisions relating to bodies formed by the incorporation or association of persons engaged in business of the same nature for the purijose of facilitating and regulating the transaction of such business among the members. Matters relating to corporations or unincorporated associations in general will be found under CORPORATIONS, ASSOCIATIONS. The liability of seats or memberships in exchanges to levy of execution goes to EXECUTION, and the arbitration of differences between members of exchanges will be found under ARBITRATION AND AWARD. EXECUTION. This topic includes the enforcement of judgment and orders un- der civil actions and proceedings in general by final process, against property or person. Executions against particular classes of persons will be found under such topics as INFANTS, EXECUTORS AND ADMINISTRATORS. Executions in particular forms of action, or on particular causes of action, or in proceedings other than actions, will be found under specific titles relating to such forms or causes of action or proceedings. The enforcement of decrees and orders other than for the payment of money in suits in equity will be found under RECEIVERS, SEQUESTRATION, JUDICIAL SALES, ASSIST- ANCE, WRIT OF, CONTEMPT. If the enforcement is one in ad- miralty, questions relating thereto will be considered under AD- 248 HOW TO FIND THE iiAW. (Part IV MIRALTT. Executions issued in proceedings under Insolvency acts go to INSOLVENCY, and those under bankrupt acts to BANK- RUPTCY. The execution of sentence In criminal cases will be found under CRIMINAL LAW, PRISONS, and titles to particular classes of crime. The execution of a judgment of a justice of the peace goes to JUSTICES OF THE PEACE. Questions relating to property ex- empt from execution and protection of rights of exemption are treat- ed under EXEMPTIONS, HOMESTEAD. Suits in aid of execution are under CREDITORS' SUIT. Levy on and proceedings to reach property conveyed in fraud of creditors appear under FRAUDULENT CONVEYANCES. The revival of judgment for purpose of issuing execution is under JUDGMENT. Supersedeas of execution will be , found under SUPERSEDEAS, and stay of execution pending appeal or error imder APPEAL AND ERROR, and pending proceedings un- der insolvent acts under INSOLVENCY, and under bankrupt acts under BANKRUPTCY. The duties and liabilities of officers in re- spect to issuance, levy, and return of execution are considered under CLERKS OF COURTS, SHERIFFS AND CONSTABLES, and titles of other specific officers. EXECUTOBS AND ADMINISTBATOBS. Under this topic will be considered questions relating to the gen- eral administration of decedents' estates under testamentary or ju- dicial appointment, and legal proceedings relating thereto. The pro- bate, establishment, interpretation, and effect of wills will be found under WILLS. Testamentary powers and trusts are considered un- der POWERS, TRUSTS. Rights on distribution of intestates' es- tates are considered under DESCENT AND DISTRIBUTION, and the administration of community property under HUSBAND AND WIFE. The settlement of partnership affairs by surviving partners or by statutory partnership administrators is considered under PART- NERSHIP. The particular rights and liabilities of devisees and legatees are included in the topic WILLS, and those of heirs and next of kin in the topic DESCENT AND DISTRIBUTION. EXEMPTIONS. Under this title Is Included the exception from liability to seizure and sale under legal process for payment of debts, of property of debtors, more particularly of personal property. The waiver or loss of right to exemption, and protection and enforcement of the right are also included. The exemption from forced sale of real property as homestead will be found under HOMESTEAD. The exemption of property of decedents from administration, and allowance therefrom to widow or family of decedent, are under EXECUTORS AND AD- MINISTRATORS. Exemptions from taxation will be found under TAXATION. § 79) MAIN HEADS OF THE LAW DEFINED. 249 EXPLOSIVES. The regulation of manufacture, dealing in and use of explosive substances, together with the liability for injuries therefrom caused by negligence, are included in this topic. The powers of municipali- ties in general will be considered under MUNICIPAL CORPORA- TIONS. The transportation of articles dangerous to other goods or to passengers is considered under CARRIERS, SHIPPING. The use of explosives constituting a nuisance goes to NUISANCE, or for the purpose of malicious injury to property to MALICIOUS MISCHIEF. Questions relating to the use of explosives in firearms are consid- ered under WEAPONS, and questions relating to steam and gas are considered under STEiAM, GAS. EXTORTION. Extortion Is the obtaining or attempting to obtain from another un- der color of official or other right money or other property, more particularly by the taking or claiming, by public officer, of illegal or excessive fees or comjiensation for official acts. The topic further in- cludes acts of oppression or other injury to person, property, or rights, committed by such officer imder color of official authority, and prose- cution of such acts as public offenses. Obtaining money or other property by threats is considered under THREATS. Actions relating to false personation of officer or other person exercising special au- thority will be considered under FALSE PERSONATION. Civil lia- bility of officers receiving illegal or excessive fees is treated under OFFICERS. EXTRADITION. Under this topic are grouped the decisions relating to delivery by one country or state to another of persons charged with the com- mission of crime within the jurisdiction of such other coimtry or state, either as matter of comity or under provisions of treaties, constitutions, or other compacts, the review of proceedings connected therewith, and the costs and expenses of such proceedings. The deliv- ery by one state to another of fugitives from service will be found un- der SLAVES. FACTORS. This topic deals with the regulation and conduct of the business of receiving and selling goods consigned or otherwise intrusted to factors or commission merchants for sale. Questions relating to agency in general, and on particular occasions only, not in the course of the agent's ordinary business, will be considered under PRINCIPAL AND AGENT. Sales of goods through brokers not having possession or control of the property are under BROKERS. 250 HOW TO FIND THE LAW. (Paxt IV fai.se imprisonment. The restraint of the person of another without sufficient authority, not merely incident to a malicious prosecution, is considered under this topic, together with the justification or excuse for such re- straint, and liabilities and remedies therefor, civil or criminal. The right to make an arrest is under ARREST, and the remedy by right of habeas corpus will be found under HABEAS CORPUS. fai.se personation. Deception by assuming and acting in the character of another per- son, or by assuming to be a public officer, or a person having any special authority or privilege, and acting in such assumed capacity, constitutes this offense. The topic further deals with the prosecution of such acts as a public offense. False personation as an element in other offenses will be considered under such topics as FALSE PRE- tenses, forgery, larceny. fai.se pretenses. This topic includes fraudulently obtaining or attempting to obtain from another personal property, or the making or indorsement by him of a negotiable instrument, or the execution of any Instrument in writing, or any benefit or advantage, by false tokens or representa- tions. It further includes the prosecution of such acts as public of- fenses. Fraud not involving use of false tokens or representations will be considered under FRAUD, and personation of another under FALSE PERSONATION. The forgery of instruments in writing and uttering such forged instruments will be found under FORGERY, and making and passing counterfeit coins and other money will be found under COUNTERFEITING. FENCES. Structures for Inclosing lands in general, and statutory provisions and legal proceedings relating thereto, are included in this topic, together with the rights, duties, and liabilities of proprietors or oc- cupants of lands in respect of such structures. Questions relating to fences as indicating boundaries are considered under BOUNDA- RIES, and those relating to fencing railroads under RAILROADS. The necessity and duty of fencing excavations and dangerous premises or machinery, and liabilities for failure to do so, will be considered under MASTER AND SERVANT, MINES AND MINERALS, NEG- LIGENCE. FERRIES. This topic deals with the establishment, maintenance, and use of ferries for the passage of the public over Inland waters, subject to payment of tolls. Matters applicable to corporations in general will § 79) MAIN HEADS OF THE LAW DEFINED. 251 be found under CORPORATIONS. Powers of municipalities to grant and regulate ferry franchises are considered under MUNICIPAL CORPORATIONS. The exercise of the power of eminent domain will be found under EMINENT DOMAIN. The obstruction of navi- gation goes to NAVIGABLE WATERS, and the taxation of ferries to TAXATION. FINDING I.OST GOODS. The finding and taking possession of lost goods of another, whereby the finder may acquire title thereto, is considered under this topic, to- gether with the rights, duties, and liabilities of the finder. The rights concerning abandoned property will be found under ABAN- DONMENT, and those connected with wrecks and vessels and goods derelict at sea under SHIPPING. Questions relating to estrays will be considered under ANIMALS. The establishment of and actions on lost instruments in writing will be considered under LOST IN- STRUMENTS. Eights of finders of lost negotiable paper are treated under BILLS AND NOTES. Rewards for recovery of lost goods and sales of lost goods are considered under REWARDS, SALES. FINES. Pecuniary punishments imposed by sentence of courts on conviction of crime are embraced in this topic, together with the proceedings for the enforcement of fines, review of proceedings, and costs in such pro- ceedings. Penalties recoverable by actions for violation of statutes are under PENALTIES. Penalties and fines for particular offenses are considered under specific heads relating to such offenses. Pun- ishment of contempt of court by fine is under CONTEMPT, and ef- fect of pardon and commutation of sentence under PARDON. FIBES. This topic includes the burning or setting fire to property, other than buildings and similar structures and their contents, refusing to aid in or obstructing extinguishment of fires, and prosecution of such acts as public offenses. Liabilities for injuries from fire caused by negligence are included in the topic NEGLIGENCE. FISH. Questions relating to animals inhabiting only the water are con- sidered under this topic, together with regulations for their preserva- tion, and nattu-e and incidents of rights of fishery. The offense of fishing on Sunday is treated under SUNDAY. FIXTURES. Under this topic are grouped decisions with reference to chattels affixed or annexed to real property, and the rights and liabilities in 252 HOW TO FIND THE LAW.. (Part IV respect to such fixtures incident to or affected by particular estates or interests in the realty. The distinction between real and personal property in general will be fovind treated under PROPERTY. FOOD. This topic deals with the regulation of manufacture, sale or use of articles of food or drink, and of substitutes and imitations there- of ; the rights of property and traffic in unwholesome or adulterated articles used as food, and the liabilities for injuries from the sale or use thereof. Violations of laws relating to such articles and prose- cution thereof as public ofCenses also fall within the scope of the topic. Questions relating to the manufacture, sale, or use of medi- cines will be considered under DRUGGISTS, those relating to intoxi- cants under INTOXICATING LIQUORS, and those relating to poi- sons under POISONS. Regulations regarding commodities as articles of commerce, more particularly as to commerce between the states and with foreign countries, will be found under COMMERCE. In- spection for prevention of fraud or commercial purposes is consid- ered under INSPECTION, and adulteration as a public offense is in- cluded under the topic ADULTERATION. FORCIBLE ENTRY AND DETAINER. This topic includes violently taking or retaining possession of prop- erty, with threats, force, or arms, against the will of another entitled to its possession, and without authority of law. It also includes rem- edies for recovery of possession, and prosecution of the acts constitut- ing the offense as a public offense. Questions relating to mere tres- pass will be found under the topic TRESPASS. Summary remedies for recovery of possession of lands demised are treated under LAND- LORD AND TENANT, and of lands mortgaged under MORTGAGES, and of lands sold under VENDOR AND PURCHASER. FORFEITURES. This topic deals with the loss of specific property, real or personal, as punishment for violation of law, proceedings for condemnation of property as forfeited, review of such proceedings and costs therein, rights of informers and disposition of property forfeited. Pecuniary punishments are excluded and will be found under PENALTIES, FINES. Forfeiture of property or estates therein, or rights imder contracts for breaches of private duties or obligations, will be found under ESTATES, LANDLORD AND TENANT, DEEDS, CON- TRACTS, INSURANCE, and other specific heads. Actions relating to the forfeiture of franchises, corporate charters, stock, etc., are con- sidered under FRANCHISES, CORPORATIONS. Particular offenses as grounds of forfeiture are considered under FOOD, INTOXICAT- ING LIQUORS, CUSTOMS DUTIES, INTERNAL REVENUE, and § 79) MAIN HEADS OF THE LAW DEFINED. 253 other specific heads. Seizure for enforcement of forfeitures will be found under SEARCHES AND SEIZURES, and forfeiture of bail bonds, recognizances, etc., will be found under BAIL, RECOGNI- ZANCES. FORGEBY. This offense includes falsely and fraudulently making or materially altering instruments in writing other than circulating notes issued as money, or other government obligations or securities, uttering such forged instruments, and the prosecution of such acts as public offenses. The effect of alteration of instruments in writing in gen- eral is considered under ALTERATION OF INSTRUMENTS. The rights and liabilities of banks paying or discounting forged or alter- ed paper is treated under BANKS AND BANKING, and of parties to and holders of forged or altered promissory notes, bills of ex- change or checks, under BILLS AND NOTES. Rights and liabili- ties under forged bonds will be considered under BONDS, and other particular classes of instruments under the specific heads relating to such instruments. Questions relating to counterfeiting coin or oth- er money or government securities will be found under COUNTER- FEITING. FORNICATION. This offense consists in the sexual Intercourse of unmarried persons not constituting or not regarded as an element in any other distinct offense, and the topic further includes the prosecution of such acts as public offenses. Offenses in which fornication is an element merely, are considered under such heads as ADULTERY, LEWD- NESS, SEDUCTION, and other specific heads. FRANCHISES. This topic deals with the nature and incidents of special rights, privileges, and powers, which can be exercised legally only under a grant from the government, and the exercise and protection of franchises in general. The validity of grants of exclusive privileges will be considered under MONOPOLIES. Questions relating to cor- porate franchises are considered under CORPORATIONS, and fran- chises necessary or incident to particular kinds of business or occu- pations will be treated under the specific heads dealing with the par- ticular kind of business or occupation involved. FRAUD. Under this topic Is considered the deception or perversion of the truth by statements, acts, or omissions intended or operating to In- jure another by depriving him of any property or right, or obtaining any promise or unlawful or unfair advantage not constituting or not regarded as a tort or offense of any distinct class. The topic also 254 HOW TO FIND THE LAW. (Part IV includes actions for deceit and for damages for fraud, and prosecu- tion of fraud as a public offense. Fraud in transactions between persons in particular personal relations will be treated under such heads as HUSBAND AND WIFE, ATTORNEY AND CLIENT, PRINCIPAL AND AGENT. The effect of fraud on conveyances, contracts, and other transactions will be found under DEEDS, MORTGAGES, CONTRACTS, BONDS, BILLS AND NOTES, IN- SURANCE, and other specific heads. Fraud as ground for cancella- tion, surrender, rescission, or reformation of instruments in writing is treated under CANCELLATION OF INSTRUMENTS, REFORMA- TION OF INSTRUMENTS. Conveyances fraudulent as to creditors or subsequent purchasers will be found under FRAUDULENT CON- VEYANCES. The requirements and operation of statute of frauds are considered under FRAUDS, STATUTE OP. The suspension of statutes of limitation on ground of fraud goes to LIMITATION OP ACTIONS. Fraud as ground for particular remedies In actions is considered under topics dealing particularly with those remedies, such as ARREST, ATTACHMENT, EXECUTION, DISCOVERY. Con- spiracies to defraud are included under CONSPIRACY, and particu- lar classes of offenses involving fraud under such topics as FALSE PERSONATION, FALSE PRETENSES, FORGERY, EMBEZZLE- MENT. FRAUDS, STATUTE OF. This topic deals with statutory provisions making a writing nec- essary to the creation, assignment, or surrender of estates in land, the bringing of actions on promises, agreements, or representa- tions, or the validity of contracts, the operation and effect of such provisions In general, pleading the statute, and evidence relating thereto. The necessity of writing to create trusts will be found under TRUSTS, and the necessity to bar statute of limitations under LIM- ITATION OF ACTIONS. Part performance of a contract on one part as ground for compelling performance on the other part will be treated under SPECIFIC PERFORMANCE. FRAUDULENT CONVEYANCES. Decisions relating to transfers of property and other transactions or proceedings, void as to creditors because intended or operating to delay, hinder, or defraud them, and conveyances void as to subsequent purchasers for inadequacy of consideration, reservation of power to revoke, etc., are included under this topic. Remedies of the parties and of creditors and subsequent purchasers, and criminal responsi- bility for such transfers, also fall within the scope of the topic. Transfers by husband or by wife, fraudulent as to the other, will be considered under HUSBAND AND WIFE, and transfers by partners fraudulent as to partnership or Individual creditors, under PART- NERSHIP. Mortgages of personal property invalid as to creditors on § 79) MAIN HEADS OF THE LAW DEFINED. 255 grounds other than fraud are under CHATTEL MORTGAGES. Fraud in assignments for benefit of creditors is treated under AS- SIGNMENTS FOR BENEFIT OF CREDITORS. Transfers fraudu- lent under insolvent or bankrupt laws will be found imder INSOL- VENCY, BANKRUPTCY. Fraud in disposing of property as ground for arrest or attachment will be found under ARREST, ATTACH- MENT. Proceedings by judgment creditors to subject property to their judgments supplementary to execution are considered under EXECUTION, but when those proceedings are by action they will be considered under CREDITORS' S.UIT. GAME. Under this topic, questions relating to wild animals pursued for sport or profit and regulations for their preservation and nature and incidents of right to taking game are considered. Regulations relat- ing to animals in general and the offense of cruelty to animals are considered under ANIMALS, and the offense of hunting on Sunday under SUNDAY. GAMING. Questions relating to wagers and other agreements to risk money or other property on the result of a contest, or the happening of any uncertain event, are considered under this topic. Keeping or fre- quenting houses or other places for gaming as public offenses, and civil and criminal liability for gaming, are also within the scope of the topic. Decisions relating to wager policies of insurance will be found under INSURANCE, and those relating to lotteries under LOT- TERIES. The offense of gambling on Sunday is treated under SUN- DAY. GARNISHMEirX. The subjection of property of defendants In civil actions In pos- session of third persons, or of debts owing to such defendants, to payment of judgments recovered against them therein by process of garnishment, trustee process, factorizing, etc., will be found under this topic. Proceedings to obtain garnishment and determine liability thereon, and liabilities of persons other than officers for wrongfully procuring issuance of garnishment, also fall within the scope of the topic. Questions relating to the attachment of property in general are considered under ATTACHMENT, and proceedings against third persons supplementary to execution under EXECUTION. Garnish- ments in proceedings before justices of the peace go to JUSTICES OF THE PEACE. Exemptions from garnishment and protection of rights of exemptions will be found under EXEMPTIONS. Judg- ment and execution after garnishment are treated under JUDGMENT, and review of decisions In garnishment proceedings under APPEAL AND ERROR. The garnishment of property conveyed In fraud of 256 HOW TO FIND THE LAW. (Part TV creditors Is Included In the topic FRAUDULENT CONVEYANCES. The effect on garnishments of proceedings under insolvent acts or bankrupt acts is considered under INSOLVENCY, BANKRUPTCY. The duties and liabilities of officers in respect of Issuance or service of v^rits or summonses in garnishment proceedings are treated under CLERKS OF COURTS, SHERIFFS AND CONSTABLES, and titles of other specific officers. GAS. Questions relating to the regulation of the production, supply, and use of gas for illuminating, heating, and like purposes, obtained either from natural sources or by any process of manufacture, whether un- der franchises granted therefor or directly by municipalities, are con- sidered under this topic, together with those relating to the rights, powers, duties, and liabilities of gas companies and of municipal cor- porations In respect of the supply of gas. Matters applicable to cor- porations generally will be sent to CORPORATIONS, and powers of municipal cofporations to grant and regulate franchises and to make contracts with gas companies to MUNICIPAL CORPORATIONS. Exercise of the power of eminent domain falls within the scope of EMINENT DOMAIN, and the taxation of gas companies will be found under TAXATION. The rights and liabilities of owners of lands containing natural gas, gas wells, etc., leases thereof, and con- tracts relating thereto are considered under MINES AND MINER- ALS. GIFTS. A gift Is a voluntary transfer of property without consideration whether executed or to take effect on the death of the giver, and the topic further includes the acceptance and revocation of the gift and the rights and liabilities of parties as between themselves and as to others in general. The effect of particular, personal, or confidential relations will be considered under such topics as HUSBAND AND WIFE, PARENT AND CHILD, GUARDIAN AND WARD, EXECU- TORS AND ADMINISTRATORS, ATTORNEY AND CLIENT. The questions concerning the effect of want of consideration as to rights of creditors and subsequent purchasers fall within the scope of FRAUDULENT CONVEYANCES. Deeds of gift are included under the topic DEEDS, and taxation of gifts under TAXATION. GOOD WII.Ii. The scope of this topic Includes the nature and incidents of rights of property in the custom or patronage of an established business or trade in general and sales and other contracts relating thereto. Rights of partners in respect of the good will of the firm business will be considered under PARTNERSHIP, and contracts in restraint of trade under CONTRACTS. § 79) MAIN HEADS OF THE LAW DEFINED. 257 GRAND JUBY. Decisions relating to bodies of persons sworn to inquire Into and make presentment of public offenses are Included In this topic. The topic also includes matters relating to the organization, proceedings, and powers of grand juries, liabilities of grand jurors for misconduct, and liabilities of others for interference with grand juries. Matters relating to juries in general will be found under JURY, and necessity, finding, filing, and requisites of indictments and presentments under INDICTMENT AND INFORMATION. GROUND RENTS. This topic deals with the nature and incidents of rents reserved In consideration of the conveyance of land in fee, and remedies relating thereto. Rent charges will be found under ESTATES, and rents reserved in leases under LANDLORD AND TENANT. GUARANTY. Questions relating to collateral promises to answer for the pay- ment of a debt or performance of a duty or contract or other obliga- tion by another liable therefor in the first instance, In the event of his failure to pay or perform the same, and to the rights, liabilities, and remedies of guarantors, principal debtors, and creditors, fall within the scope of this topic. Contracts of suretyship will be found under PRINCIPAL AND SURETY, and of Indemnity under IN- DEMNITY. Guaranties by particular classes of persons will be con- sidered under such topics as INFANTS, INSANE PERSONS, PART- NERSHIP, CORPORATIONS, and other specific heads. The re- quirements of statute of frauds will be found under FRAUDS, STAT- UTE OF. GUARDIAN AND W^ARD. This topic includes general guardianship, particularly of the per- sons and estates of infants, by nature or under parental or judicial appointment, and legal proceedings relating thereto. The guardian- ship of insane or otherwise incompetent persons will be considered under INSANE PERSONS, DRUNKARDS, SPENDTHRIFTS. Ques- tions relating to guardians ad litem and special guardians will be considered under INFANTS, INSANE PERSONS, and other specific heads. Matters relating to Infants and their property Irrespective of guardianship will be found under INFANTS. HABEAS CORPUS. Under this title will be found decisions relating to writs of habeas corpus commanding the production of a person detained by another, with the cause of such detention, for determination thereof. The Bbief Mak.— 17 258 HOW TO FIND THE LAW. (Part IV topic also Includes relief incidental to habeas corpus, review of pro- ceedings, costs therein, and suspension of the remedy. Writs of habeas corpus for production of prisoners to testify as witnesses are included in the topic WITNESSES. Writs for such purposes other than deliv- erance from restraint will be found under specific heads dealing par- ticularly with such purposes. Conflicting jurisdiction of particular courts will be considered under COURTS. HA1VKERS AND PEDDLERS. This topic deals with the regulation of persons going from place to place selling or exchanging goods which they carry with them or them- selves deliver. Sales by traveling salesmen are included In the topics PRINCIPAL AND AGENT, SALES, and the regulation of commerce is considered under COMMERCE. HEALTH. The protection of the public from disease or danger to life in gen- eral and the violations of health laws and prosecution thereof as pub- lic offenses fall within the scope of this topic. Questions relating to unwholesome or adulterated foods are considered imder F06d, ADULTERATION ; those relating to medicines, under DRUGGISTS ; those relating to intoxicants, under INTOXICATING LIQUORS; and those relating to poisons, under POISONS. Nuisances as affect- ing individual rights, liabilities for injuries to the health of indi- viduals, and criminal prosecutions for maintaining nuisances fall within the scope of NUISANCE ; and special protection of the health of children will be considered under INFANTS; and the protection of employes, under MASTER AND SERVANT. HIGHWAYS. This topic Includes within its scope questions relating to roads open for free passage to the public, established for public benefit ; the nature and scope of power to establish and maintain such roads in general ; the appointment and removal, rights, powers, duties, and liabilities of highway boards ; the establishment, construction, and repair of such roads, and their use; and the liabilities from defects therein. Matters relating to the title to and rights In land occupied, and violations of the law of the road causing collisions, are also Included. Streets in unincorporated cities will be found under MU- NICIPAL CORPORATIONS, and roads established by public au- thority for accommodation of private persons, under PRIVATE ROADS. Questions relating to roads for passage over which tolls are taken are considered under TURNPIKES AND TOLL ROADS. Decisions relating to bridges will be found under BRIDGES, and those relating to dedication of lands to public use as highways under DEDICATION. The exercise of power of eminent domain falls with- § 79) MAIN HEADS OF THE LAW DEFINED. 259 in the scope of EMINENT DOMAIN, and railways on or crossing highways are included under RAILROADS, STREET RAILROADS. Highways as boundaries are treated under BOUNDARIES. HOLIDAYS. This topic deals with the days designated by law other than Sun- day for suspension of ordinary business or judicial or other official proceedings, the effect of violations of laws relating thereto and rights and remedies of persons violating the same. Restrictions on grounds other than the character of the day, such as regulation of sale of intoxicants, will be found under INTOXICATING LIQUORS, and omission of holiday in computation of time under TIME. HOMESTEAD. The exemption from forced sale for payment of debts of real prop- erty of debtors, as constituting the family residence, is considered un- der this topic, together with the protection and enforcement of the right Exemption from forced sale of property of debtors in general is under EXEMPTIONS. The rights of a widow in real property of her deceased husband are considered under DOWER, and the ac- quisition of public lands under homestead laws under PUBLIC LANDS. HOMICIDE. This topic Includes killing a human being, aiding in, attempting, or soliciting such killing, assaults with intent to kill, and the prosecu- tion of such acts as public ofirenses. Killing one's self will be found under SUICIDE, and conspiracy to kill under CONSPIRACY. Ques- tions relating to right to bail will be found under BAIL, and those relating to actions for damages for causing death under DEATH. HOSPITALS. Included In this topic are institutions for cure or relief of sick, wounded, or infirm persons, whether founded or maintained by pri- vate means or in part or wholly by government, their establishment and maintenance, and the rights, duties, powers, and liabilities of man- agers and other officers. The powers of unincorporated cities, towns, etc., in respect to the establishment and maintenance of hospitals, will be found under MUNICIPAL CORPORATIONS, and questions relating to hospitals regarded as charitable institutions will be con- sidered under CHARITIES. HUSBAND AND 'WIFE. This topic Includes within its scope the marital relations, rights, powers, duties, and liability of married persons as between them- selves and as to others incident to the existence of the relation, or arising from, conveyances and agreements in consideration or in con- 260 HOW TO FIND THE LAW. (Part IV sequence of marriage, the disabilities and privileges of married women by reason of their coverture, and protection of their per- sons and property. Legal proceedings affecting husbands and wives and their property are also included. Contracts to marry are consid- ered under BREACH OF MARRIAGE PROMISE, and contracts to procure marriage or in restraint of marriage under CONTRACTS. Questions relating to marriage and annulment thereof are considered under MARRIAGE; those relating to divorce and judicial separation under DIVORCE. Rights of dower will be foimd under DOWER, and of curtesy under CURTESY, and of homestead under HOMESTEAD. Testamentary capacity of married women goes to WILIiS, and the competency of husband and wife as witnesses for or against each oth- er is considered under WITNESSES. The ofEenses of adultery and bigamy are under ADULTERY, BIGAMY. IMPROVEMENTS. This topic deals with the rights and liabilities arising from mak- ing of improvements ■ on real property by others than the owners of the soil. Allowances and other remedies in respect of such improve- ments under occupying claimants' acts or otherwise, in particular classes of actions, will be found under EJECTMENT, TRESPASS TO TRY TITLE, PARTITION, and other specific heads. INCEST. This offense consists in sexual intercourse between persons related to each other within such degrees that marriage between them is pro- hibited by law, and the topic further includes the prosecution of such acts as public offenses. INDEMNITY. This topic includes contracts to make good or compensate for loss or damage sustained or anticipated, from acts or omissions of others as well as those of the person indemnified, or to protect against claims of or liabilities to third persons, and rights, liabilities, and remedies of the parties. Contracts of guaranty fall within the scope of GUARANTY, and those of insurance will be found under INSUR- ANCE. Indemnity mortgages are considered under MORTGAGES, CHATTEL MORTGAGES. The rights of particular classes of per- sons or officers to demand indemnity, and matters relating only to in- demnity given to any of them, will be found under GUARDIAN AND WARD, EXECUTORS AND ADMINISTRATORS, TRUSTS, OFFI- CERS, SHERIFFS AND CONSTABLES, and other specific heads. Contracts of indemnity by particular classes of persons fall within the scope of such topics as INFANTS, INSANE PERSONS, PART- NERSHIP, CORPORATIONS. The requirements of statute of frauds will be found under FRAUDS, STATUTE OF. § 79) MAIN HEADS OF THE LAW DEFINED. 261 INDIANS. The rights and disabilities in general of persons wholly or partly of Indian blood are Included in this topic, together with the protec- tion and regulation of such persons and government of the Indian country and of Indian reservations. Marriages between Indians, or between Indians and persons of other races, will be found under MAR- RIAGE, and titles of lands derived from Indians under PUBLIC LANDS. INDICTMENT AND INFORMATION. Under this topic are Included formal written accusations of public offenses presented by grand juries or preferred by prosecuting offi- cers, whether in form of indictment, presentment, information, or complaint, variance between averments and proof, and conviction of offense included in that charged. Preliminary complaints in criminal' cases and proceedings thereon before indictment are found under CRIMINAL LAW. The organization of and inquisitions by grand juries are included in the topic GRAND JURY. Accusations of par- ticular offenses and proceedings thereon will be found under the spe- cific heads relating to such offenses. The arraignment and pleas to in- dictments and trial thereof will be found under CRIMINAL LAW, together with the review of proceedings thereon. INFANTS. Questions relating to persons not of full age, their rights and dis- abilities in general, judicial control and protection of their persons and property, and legal proceedings affecting them, fall within the scope of this topic. Matters peculiar to particular personal relations will be found under PARENT AND CHILD, GUARDIAN AND WARD, MASTER AND SERVANT, and other specific heads. The marriage of infants is considered under MARRIAGE, their testa- mentary capacity under WILLS, their competency as witnesses under WITNESSES. The effect of disability on running of statute of limitations will be found under LIMITATION OF ACTIONS. Ques- tions relating to the care of pauper children will be found under PAU- PERS; those concerning asylums for orphans and Indigent children, under ASYLUMS ; the sale of intoxicating liquors to minors, under INTOXICATING LIQUORS; and the particular wrongs and offenses of which infants are the subjects are treated under the specific heads dealing particularly with such wrongs and offenses. INJUNCTION. This topic deals with judicial prohibitions to parties in civil ac- tions liy writ, order, or judgment thereon against doing or refraining from doing particular acts or things, granted as provisional, in- terlocutory, or final relief ; award of damages incident to relief by in- junction; liabilities on and enforcement of securities given to ob- 262 HOW TO FIND THE LAW. (Part IV tain or discharge Injunction ; and liability of persons other than offi- cers for wrongful procuring, Issuance, or enforcement of injunctions. Questions relating to jurisdiction of and proceedings in equity in gen- eral are considered under EQUITY. Injunctions in actions involving particular subjects of equitable jurisdiction will be found under such heads as PARTNERSHIP, TRUSTS, and other specific heads. In- junctions in actions affecting particular kinds of property will be found under topics dealing particularly with such kinds of property, as MINES AND MINERALS, WATERS AND WATER COURSES, PATENTS. Injunctions which are merely incident to other remedies will be considered under the heads which deal with such remedies. Restraining enforcement of judgment is within the scope of JUDGr- MENT. Jurisdiction in regard to injunctions of particular courts is under COURTS, and review of decisions relating to injunctions Is under APPEAL AND ERROR. Proceedings in cases of contempt in general will be considered under CONTEMPT, INNKEEPERS. The regulation of inns, hotels, boarding houses, lodging houses, and all houses furnishing, for compensation, accommodation as a tempo- rary home, is within the scope of this topic, together with the duties, rights, and liabilities of the keepers of such houses and their guests, boarders, and lodgers. The regulation of sale of intoxicating liquors will be found under INTOXICATING LIQUORS, and discriminations by reason of race, color, etc., will, be found under CIVIL RIGHTS. INSANE PERSONS. Included In this topic are questions relating to persons affected by mental incapacity of any kind not merely temporary in its nature; the evidence of such incapacity and the rights and disabilities of such persons in general ; and legal proceedings affecting them. Temporary mental disability to execute particular contracts, conveyances, and wills will be found under CONTRACTS, DEEDS, WILLS. The com- petency of insane persons as witnesses is considered under WIT- NESSES. The effect of disability on running of statute of limita- tions will be found under LIMITATION OF ACTIONS. Questions relating to insane paupers will be considered under PAUPERS; those relating to asylums for the insane under ASYLUMS. Insanity at the time of commission of an offense as a defense in a prosecu- tion therefor falls within the scope of CRIMINAL LAW. INSOI.VENCT. This topic treats of the administration of estates of insolvents under local laws for the purpose of distribution of the assets among cred- itors, and discharge of the insolvents from liability for their debts, and procedure therein. The administration of insolvent estates of de- § Y9) MAIN HEADS OF THE LAW DEFINED. 263 cedents will be found under EXECUTORS AND ADMINISTRA- TORS. The voluntary assignments by debtors for benefit of their creditors fall within the scope of ASSIGNMENTS FOR BENEFIT OF CREDITORS. Questions relating to bankruptcy under general bankrupt laws are considered under BANKRUPTCY. The organiza- tion of courts having jurisdiction over proceedings in Insolvency will be found under COURTS. INSPECTION. This topic deals with the examination and certification of quality of articles of merchandise by public authority to determine and assure their fitness for use, commerce, etc., in general, and more par- ticularly for prevention of fraud, and proceedings for the application and enforcement of inspection laws. The powers of municipalities in respect of such inspection will be found under MUNICIPAL CORPO- RATIONS, and regulations for protection of public health in general under HEALTH. The regulations for securing wholesomeness and purity of articles of food will be found under FOOD, ADULTERA- TION. The discovery and inspection of writings relating to a cause of action or evidence thereof will be found under DISCOVERY. Questions relating to physical examination of injured persons in as- sessing damages for the injury are considered under DAMAGES, and inspection or view by jury will be found under TRIAL. INSXJBANCE. The scope of this topic embraces the regulation and conduct of the business of insurance, in every form, by individual underwriters or corporations, mutual or co-operative associations, and insurance agents or brokers; and rights, liabilities, and remedies incident to contracts of insurance. Questions relating to associations for mutual benefit, otherwise than by insurance, are considered under BENE- FICIAL ASSOCIATIONS. Rights and liabilities arising from burn- ing property to defraud insurers will be found under ARSON, FIRES. Taxation of capital stock or property of insurance companies falls within the scope of TAXATION. INSURRECTION. This topic deals with the rising of a number of persons against civil authority for the purpose of preventing, by force, the execution of the law, or of forcibly overthrowing the government, and raising or attempting to raise seditious commotions for such purposes, al- though without open violence, and prosecution of acts of insurrection not constituting treason as public offenses. Questions relating to the suppression of insurrection by military power, effect of civil war, rights of Insm'gents, as belligerents, and measures and acts in exercise of war powers, as confiscation, blockade, and other restric- 264 HOW TO FIND THE LAW. (Part IV tions on commercial Intercourse, prize, etc., are considered under WAR. The effect of insurrection, rebellion, or civil war on status, rights, and powers of insurrectionary states falls within the scope of STATES. Acts of treason by individuals are considered under TREASON, and seditious and treasonable conspiracies under CON- SPIRACY. Mutiny against military or individual authority will be considered under ARMY AND NAVY, and, if it is against the au- thority of commander of a merchant vessel, It will be found under SEAMEN. INTEKEST. This topic deals with the compensation for use, forbearance, or detention of money and rights and liabilities in respect thereof la general ; the rate fixed by parties or allowed by law, and mode of computation. The rights and liabilities of persons acting in fiduciary or other special relations will be found under such topics as GUARDIAN AND WARD, EXECUTORS AND ADMINISTRA- TORS, PRINCIPAL AND AGENT, TRUSTS. Interest on particu- lar classes of liabilities will be considered under specific topics deal- ing with such liabilities. Interest as an element of damages will be found under DAMAGES, and interest at a rate greater than that allowed by law under USURY. INTEBNAI. REVENUE. Under this topic are grouped decisions relating to taxes Imposed by act of Congress, other than duties on imports or exports; the power to impose such taxes ; constitutional and statutory provisions relating thereto ; the assessment and collection of such taxes ; reme- dies for erroneous taxation ; and punishments for violation of internal revenue laws. Licenses under state laws in general will be found under LICENSES, and the license of particular occupations for the purpose of regulation thereof will be found under INTOXICATING LIQUORS and titles of particular occupations. INTEBNATIONAI. I.A'W. This topic deals with the customary law recognized by civilized na- tions, as regulating their mutual relations and intercourse, more par- ticularly In time of peace; its sources, principles, and rules, and its application in general. The rights and disabilities of aliens will be considered under the topic ALIENS. Application in one country of the law of another in respect of acts done or rights arising or reme- dies pursued under it, in cases of conflict of their laws, will be found under the titles of specific subjects in relation to which the question of such application arises. Treaties and conventions be- tween nations are included in the topics TREATIES, EXTRADI- TION. Questions relating to diplomatic ofllcers are considered under AMBASSADORS AND CONSULS, and breaches of neutrality and § 79) MAIN HEADS OF THE LAW DEFINED. 265 other hostile acts by private persons under NEUTRALITY LAWS. The suppression of piracy is within the scope of PIRACY, and the suppression of the slave trade falls under SLAVES. The rules ap- plicable to declaration, existence, and prosecution of war, and rights of belligerents and neutrals, will be considered under WAR. INTEBPLEADEK. Included in this topic are remedies for protection of persons hold- ing property or liable for debts, the right to which is in controversy between others, by compelling such claimants to litigate their rights between themselves ; more particularly bills of interpleader, actions for Interpleader, and rules or orders for substitution of one such claimant as defendant in an action brought by the other. The topic also includes the procedure, review of proceedings, and costs there- in. Interpleader incidental to other remedies is excluded, and will be found under the remedies Invoked, such as ATTACHMENT, EXECU- TION. Intervention and substitution of parties in actions in general will be found under PARTIES. INTOXICATING LIQUORS. The regulation and prohibition of manufacture, sale, or use of In- toxicating liquors are within the scope of this topic, together with the rights of property, and traffic in such liquors, liabilities for injuries from the sale or use thereof, the prevention of unlawful dealings therein and violations of liquor laws, and prosecution and punishment thereof as public offenses. Regulations regarding liq- uors as articles of commerce, more particularly as to commerce between the states, with foreign countries, etc., will be considered under COMMERCE. The introduction of liquor into the Indian coun- try and sale to Indians is considered under the topic INDIANS. The Inspection for prevention of fraud or commercial purposes will be found under INSPECTION, and adulteration as a nubile offense un- der ADULTERATION. JOINT ADVENTURES. This topic deals with the union, as parties of the same part, in any contract or transaction, of two or more persons, not otherwise joined in interest, and their rights and liabilities arising therefrom as between themselves in general. Questions relating to partner- ships will be considered under PARTNERSHIP ; those relating to joint estates under JOINT TENANClT, TENANCY IN COMMON. The rights and liabilities of coexecutors, administrators, guardians, and trustees will be considered uiider EXECUTORS AND ADMINIS- TRATORS, GUARDIAN AND WARD, TRUSTS. The operation and effect of joint contracts and obligation as between parties of dif- ferent parts thereto will be found under CONTRACTS and titles of particular classes of contracts. The release of joint debtors goes 266 HOW TO FIND THE LAW. (Part rV to RELEASE. The liabilities of joint wrongdoers will be found under TOUTS, of conspirators under CONSPIRACY, and of joint of- fenders in general under CRIMINAL LAW. JOINT-STOCK COMPANIES. Included in this topic are unincorporated companies formed for purposes of profit and having a capital stock divided into transfer- able shares, and legal proceedings for the enforcement of rights in- cident to the existence of the company. Matters relating to unincor- porated associations in general will be found under ASSOCIATIONS, and companies formed for a particular purpose or business will be foimd under the specific head which deals with such purpose or busi- ness. JOINT TENANCY. The nature and incidents of the joint estate of two or more per- sons in property acquired and held by them by grant or disseisin, or in a manner otherwise than by descent, at the time and in virtue of the same title, interest, and possession, are within the scope of this topic, together with the abolition of the distinction between joint tenancy and tenancy In common and its effect ; actions or other pro- ceedings between, by, or against joint tenants, and the severance of the tenancy otherwise than by partition. The seisin of husband and wife by entireties will be found imder HUSBAND AND WIFE. Questions concerning coparcenary will be considered under TEN- ANTS IN COMMON, and those concerning partition of joint prop- erty under PARTITION. JUDGES. Included in this topic are questions relating to public oflBcers au- thorized to proceed in the courts and administer law therein, whether designated as judges, justices, chancellors, surrogates, or by other titles. Questions relating to justices of the peace are considered un- der JUSTICES OF THE PEACE, and those relating to members of courts-martial under MILITIA, ARMY AND NAVY, WAR. The respective functions of judges and jury are considered under TRIAL. JUDGMENT. Included in this topic are the judicial determinations of rights of parties to proceedings in courts of justice in general, interlocutory as well as final ; the rendition, entry, requisites, and validity of formal judgments; more particularly of judgments in civil actions and amendment and correction thereof. The topic further includes the operation and effect of judgments ; direct attacks on judgments by motions in arrest, or to open, vacate, or by actions to set aside or re- strain the enforcement of judgments, or for other relief against them on equitable grounds ; revival of judgments by scire facias, mo- § 79) MAIN HEADS OF THE LAW DEFINED. 267 tion, etc., and enforcement of judgments by actions. Judgments for or against the different classes of persons will be found under such topics as INFANTS, EXECUTORS AND ADMINISTRATORS. Judgments in particular forms of action, or on particular causes, or in proceedings other than actions, will be found under the specific heads relating to such actions or proceedings. Orders incident to proceedings in actions are included in MOTIONS. Motions for judg- ments on pleadings will be found under PLEADING ; decrees and or- ders In suits in equity under EQUITY; and those in suits in ad- miralty under ADMIRALTY. Proceedings in probate courts will be found under COURTS, WILLS; and those under insolvent acts under INSOLVENCY ; and those under bankrupt acts under BANK- RUPTCY. Sentences in criminal cases are treated under CRIMINAL LAW, and titles of particular classes of crimes. Judgments of justices of the peace will be found under the topic JUSTICES OF THE PEACE, and enforcement of judgments by particular classes of writs or proceedings under EXECUTION, GARNISHMENT, and oth- er specific heads. Proceedings for review of judgments and judgment therein will be found under APPEAL AND ERROR, CERTIORARI, and other titles of particular proceedings. Relief against judgments by stay of execution is under EXECUTION ; by supersedeas is un- der SUPERSEDEAS ; under insolvent acts will be found under IN- SOLVENCY; and under bankrupt acts under BANKRUPTCY. JUDICIAL SALES. This topic deals with sales under orders or judgments of courts in general; the manner, conduct, validity, and effect of such sales; confirming or vacating ; setting aside the sale, and resale ; convey- ance to purchasers, and title, rights, and liabilities of purchasers at such sales, and redemption therefrom. Sales in particular classes of proceedings or tinder particular writs will be found under such topics as INFANTS, GUARDIAN AND WARD, EXECUTORS AND ADMINISTRATORS, MORTGAGES, ATTACHMENT, EXECU- TION, RECEIVERS, PARTITION, INSOLVENCY, BANKRUPTCY, TAXATION. JURY. Under this topic are considered questions relating to bodies of persons sworn to inquire into matters of fact in judicial proceed- ings; more particularly petit juries or trial juries, selected and sworn to try issues of fact in civil or criminal proceedings on the evidence presented; the right to trial by jury and waiver thereof in general. The constitution of grand juries, and qualifications, selec- tion, summoning, compensation, and proceedings of grand jurors, will be found under GRAND JURY, INDICTMENT AND INFORMA- TION. The exclusion from a jury by reason of race or color Is treated under CIVIL RIGHTS. Proceedings at trials by jury, prov- ince of court and jury, and instructions to jury, and finding, entry, and 268 HOW TO FIND THE LAW. (Part IV effect of verdict in civil cases, will be found under TRIAL, and titles of particular forms and causes of actions; and those in criminal prosecutions, under CRIMINAIj LAW, and titles of particular crimes. Misconduct of or affecting jury as ground for new trial of civil cases is treated under NEW TRIAL ; and as ground for reversal of judg- ment on verdict, under APPEAL AND ERROR; and as ground for new trial or reversal of conviction in criminal cases, under CRIM- INAL LAW. JUSTICES OF THE PEACE. This topic deals with Inferior judicial officers authorized to act as conservators of the peace, with subordinate judicial powers with- in limited districts. It further deals with the appointment, qualifi- cation, tenure, and removal of such officers and ex officio and de facto justices of the peace, their jurisdiction and powers, proceed- ings before them in general and review thereof, and their rights, du- ties, and liabilities, together with their liabilities on official bonds. Justices of the peace as members of courts of record fall within the scope of COURTS. Particular proceedings in exercise of preventive and provisional jurisdiction will be found under such special topics as BASTARDS, BREACH OF THE PEACE, CRIMINAL LAW, AR- REST, BAIL, SEARCHES AND SEIZURES. Questions relating to administering oaths will be found under OATH ; taking depositions under DEPOSITIONS ; and those relating to affidavits and acknowl- edgments or proof of deeds will be found under AFFIDAVITS, AC- KNOWLEDGMENTS. Questions relating to solemnizing marriages will be considered under MARRIAGE ; and other ex officio functions of a justice of the peace will be considered under specific heads re- lating to such functions. KIDNAPPING. The scope of this topic Includes taking by force or fraud, enticing away or detaining another person, more particularly a child, for the the purpose of secretly confining or concealing such person, or re- moving him to another state or country, attempts to commit such offenses and aiding therein, and the prosecution of such acts as public offenses. Questions concerning the ofCense of false imprisonment will be considered under FALSE IMPRISONMENT, and those relating to the abduction of a female for purpose of marriage or defilement under ABDUCTION. LANDLORD AND TENANT. This topic treats of the nature and Incidents of estates for years and tenancies from year to year, at will, or at sufferance, together with leases and agreements for the occupation of real property in general; the relation between the parties thereto, and their rights and liabilities as between themselves, and as to others, incident to such relation ; and remedies relating thereto. Leases of property of § 79) MAIN HEADS OP THE LAW DEFINED. 269 particular classes of persons will be found under such topics as IN- FANTS, INSANE PERSONS, CORPORATIONS. Leases of particular species of property will be found under RAILROADS, MINES AND MINERALS, WATERS AND WATER COURSES, and other specific heads. Rent charges are considered under ESTATES, and ground rents under GROUND RENTS. Implied liabilities for use and occu- pation of real property fall within the scope of USB AND OCCUPA- TION. I.ARCEN'S'. This topic deals with the taking and removing with Intent to steal of personal property in possession, actual or constructive, of another, without force or intimidation, or any false personation or pretense, attempts to commit such offenses, and prosecution of such acts as pub- lic offenses. Theft or Intent to steal as an element of other offenses will be considered under BURGLARY, ROBBERY. Embezzlement of money or goods by one having possession thereof is treated under EMBEZZLEMENT. Receiving stolen property is within the scope of RECEIVING STOLEN GOODS, and obtaining money or goods by false personation is found under FALSE PERSONATION. Obtaining money or property under false pretenses is treated under FALSE PRETENSES, and conviction of larceny on indictment for other of- fense under INDICTMENT AND INFORMATION. liEVEES. Under this topic are included decisions relating to embankments and other works constructed by public authority to protect lands from inundation, the nature and scope of power to establish and maintain such works, and the creation of levee districts, and appointment, rights, powers, duties, and liabilities of levee boards, together with the construction and maintenance of such works and local assess- ments therefor. The rights and liabilities of owners of land in re- spect of prevention of inundation, flowage, etc.. In general are within the scope of WATERS AND WATER COURSES, and exercise of power of eminent domain will be found under EMINENT DOMAIN. LEWDNESS. This offense Includes open or notorious fornication, adultery, or other lascivious acts or conduct, and open and continuous lascivious cohabitation or other conduct regarded as causing public scandal ; and the topic further Includes the prosecution of such acts or conduct as public offenses. Acts or conduct which are merely indecent are in- cluded within the scope of OBSCENITY; and specific offenses in- volved in such cohabitation or conduct will be found under the heads dealing specifically with such offenses as FORNICATION, ADUL- TERY, PROSTITUTION, DISORDERLY HOUSE. 270 HOW TO FIND THE LAW. (Part IV I.IBEL AND SLANDER. This topic Includes malicious defamation by words spoken, written, or printed, or by signs, pictures, etc., injurious to a person in his general reputation, or exposing a living person, or the memory of one deceased, to hatred, contempt, or ridicule, or prejudicial to a per- son in his profession, trade, occupation, employment, or oflBce, or otherwise causing special damage or injiu-y to one's interest in prop- erty, real or personal, or tending to provoke a breach of the peace. The topic further deals with actions for damages for such defama- tion, and prosecution thereof as a public offense. Questions relating to blasphemous and obscene libels are considered under BLAS- PHEMY, OBSCENITY. LICENSES. Questions relating to permission required by public authority for various occupations and pursuits, and registration, certification, etc., incident thereto, together with the fees for such licenses, certificate, or registration, and taxes imposed on privileges granted, or the oc- cupations or exhibitions permitted, are considered under this topic. It also includes permission by owners of real property to persons who have no estate therein to do some act thereon. Licenses for occupa- tions or acts, or for dealing in property subject to particular regula- tions, will be found under ATTORNEY AND CLIENT, PHYSI- CIANS AND SUKGEONS, INNKEEPERS, INTOXICATING LIQ- UORS, THEATERS AND SHOWS, and other specific heads. Li- censes under patents for inventions, copyrights, and trademarks are included within the scope of PATENTS, COPYRIGHTS, TRADE- MARKS AND TRADE-NAMES. The liabilities of owners or ten- ants of real property for injuries to licensees will be found under NEGLIGENCE, LANDLORD AND TENANT, RAILROADS. LIENS. This topic deals with the charges on specific property or Its pro- ceeds by way of security for payment of debts or performance of other acts, whether arising from contract or equity between the parties, or Imposed by rule of law or statute, and whether depending on or independent of possession. It also Includes priorities of liens, and the enforcement of liens in general. Liens peculiar to particular classes of personal relations, occupations, or transactions will be found under such heads as ATTORNEY AND CLIENT, BANKS AND BANKING, FACTORS, SALES, VENDOR AND PURCHASER. Liens peculiar to particular species of property are treated under RAILROADS, LOGS AND LOGGING, MECHANICS' LIENS, MARI- TIME LIENS, and other specific heads. Liens created by mortgage or pledge will be considered under MORTGAGES, CHATTEL MORT- GAGES, PLEDGES. Liens acquired by enforcement of particular § 79) MAIN HEADS OF THE LAW DEFINED. 271 remedies will be found under ATTACHMENT, LIS PENDENS, JUDGMENTS, EXECUTION, and other specific heads. Liens of tax- es fall within the scope of TAXATION. I.IFE ESTATES. Under this topic are treated the nature and incidents of estates not of inheritance, which are limited to or may possibly last during the life of the tenant or the life or lives of another or others, and are created by act of the parties. The construction of grants, devises, and bequests for life will be found under DEEDS, WILLS. Life es- tates by operation of law are considered imder DOWER, CURTESY. The rights and liabilities of remaindermen and reversioners are within the scope of REMAINDERS, REVERSIONS. Remedies for \:waste are included in WASTE. LIMITATION OF ACTIONS. This topic deals with the statutory restrictions of the time within which actions may be brought; the application and general opera- tion of such statutory provisions ; the times of limitation prescribed for actions in general ; when such times begin to run and post- ponement and interruption thereof; exceptions from and suspension of the operation of the statutes. The topic further includes the re- moval of statutory bar by a new promise, acknowledgment, part pay- ment, etc.; pleading such limitations by way of defense and mat- ters tn avoidance of the bar thereof and evidence relating thereto. Adverse possession of property as an element or evidence of title is treated under ADVERSE POSSESSION. Presumption of payment from lapse of time will be found under PAYMENT ; and limitations by agreement between parties under CONTRACTS, INSURANCE, CARRIERS, and titles of other classes of contracts. Limitations re- stricting particular rights or remedies created by statute are con- sidered under ACTIONS, DEATH, and titles of particular statutory rights and remedies. Special limitations prescribed for actions by or against particular classes of persons, or for particular forms or kinds of actions, or other remedies, will be found under EXECU- TORS AND ADMINISTRATORS, MECHANICS' LIENS, BANK- RUPTCY, MUNICIPAL CORPORATIONS, TAXATION, and other specific heads. The operation and effect of statutory limitations and of lapse of time, laches, etc., in equity will be found under EQUITY ; those relating to admiralty proceedings under ADMIRALTY. Lim- itations of criminal prosecutions will be considered under CRIM- INAL LAW and titles of particular classes of crimes. LIS PENDENS. This topic includes the effect of pendency of actions to subject property involved therein to the power of the court during the con- tinuance of the litigation, so that it shall abide the result. It also 272 HOW TO FIND THE LAW. (Part rV includes a consideration of what property may be so subject; what constitutes pendency of a suit for such purpose ; necessity of notice, and requisites and sufficiency of notices of pendency of action and filing and service thereof. Notice of pendency of actions for par- ticular forms of relief will be found under the topics dealing especial- ly with such forms of relief, as PARTITION, MORTGAGES, ME- CHANICS' LIENS. The defense of pendency of another action will be found under ABATEMENT AND REVIVAL, PLEADING. LITERARY PROPERTY. Included in this topic are the nature and incidents of the exclusive right of an author in respect of his literary works or other intellectu- al productions, and the publication or other use or disposition there- of, independent of statutes conferring copyrights, and remedies for infringement. Questions relating to copyrights are considered under COPYRIGHTS. I.IVERY STABLE KEEPERS. The regulation and conduct of the business of stabling, feeding, and caring for horses for compensation, or of keeping horses and vehicles for hire, are included in this topic, together with the mutual rights, duties, and liabilities of keepers of such stables and those dealing with them. Contracts of agistment will be found under the topic ANIMALS. LOGS AND LOGGING. Questions relating to cut timber, and nature and incidents of rights of property therein, together with the regulation of the cutting, marking, driving or floating, scaling or other measurement, manu- facture into lumber and sale of logs, and contracts, liens, and mort- gages relating thereto, are included within the scope of this topic. The obstruction of navigation by booms, rafts, etc., will be found under NAVIGABLE WATERS ; and injuries to riparian proprietors by floating logs, under NAVIGABLE WATERS, WATERS AND WA- TER COURSES. LOST INSTRUMENTS. This topic deals with instruments in writing lost or destroyed, proceedings to restore, establish, or recover on such instruments, and indemnity as a condition thereof. Rights and liabilities of finders of lost instruments in general are considered under FINDING LOST GOODS, and finders of lost negotiable paper under BILLS AND NOTES. The rights and liabilities of banks in respect of lost nego- tiable paper are included under the topic BANKS AND BANKING; the probate of lost wills goes to WILLS; the restoration or establish- ment of lost or destroyed records will be found under RECORDS; and secondary evidence of contents of lost writings is treated under EVIDENCE. § 79) MAIN HEADS OF THE LAW DEFINED. 273 LOTTERIES. This topic treats of schemes for distribution of prizes by lot or chance among purchasers of shares therein, or chances to obtain a prize, together with grants and operation of lottery franchises and privileges; management and regulation of lotteries, whether con- ducted under such franchises or directly by the government; the rights and liabilities of owners or managers and of purchasers or holders of shares, tickets, or chances ; and the prosecution for unlaw- fully conducting or advertising lotteries as public offenses, and lia- bility therefor, civil and criminal. Matters relating to wagers and gaming will be found under GAMING, and mailing matter concerning lotteries is treated under POST OFFICE. MAI.ICIOUS MISCHIEF. This topic treats of willful physical injury to or destruction of property in general, real or personal, from ill will, resentment to- wards the owner or possessor, or from mere wantonness, and prose- cution of such acts as public offenses. Mere trespasses on real prop- erty will be found under TRESPASS, and injury to particular kinds of property under the topics dealing particularly with the kind of property involved, as PUBLIC LAXDS, RAILROADS, AJS'IMALS. Questions relating to injuries by fire will be considered under AR- SON, FIRES. MAI4ICIOITS PBOSECITTION. This topic treats of the institution of judicial proceedings, civil or criminal, against another, maliciously and without probable cause therefor, together with the justification or excuse for such prosecu- tion, and liabilities and remedies therefor, civil or criminal. At- tachment which is wrongful merely is included under ATTACH- MENT, and questions of wrongful execution will be found under EXECUTION. Abuse of process by perverting it to an improper purpose will be treated under PROCESS. MANDAMUS. Writs of mandamus or of mandate commanding performance of specific acts by inferior courts or other tribunals, judges, boards, offi- cers, or corporations, and actions in the nature of such writs, are included within the scope of this topic, together with review of pro- ceedings and costs in such proceedings. Mandatory injunctions will be treated under INJUNCTION, and mandamus incidental to other remedies or proceedings will be found under APPEAL AND ERROR, EXCEPTIONS, BILL OF, and other specific heads. Mandates to low- er courts on decisions of appeals will be found under APPEAL AND ERROR, and conflicting jurisdiction of particular courts under COURTS. Bkief Mak.— 18 274 HOW TO FIND THE LAW. (Part rV MANUFACTURES. Questions relating to the promotion and regulation of manufac- turing industries in general, public aid and protection to those en- gaged therein, either individuals or manufacturing companies, and rights and remedies incidental thereto, are considered under this topic. Rights, powers, and liabilities of manufacturing corporations, their members and officers, analogous to those of corporations gener- ally, will be found under CORPORATIONS. The exercise of the power of eminent domain will be found under EMINENT DOMAIN. Rights to the use of water and flowage are considered under WA- TERS AND WATER COURSES. The use of particular motive powers will be considered under STEAM, GAS, ELECTRICITY. Regulations for protection of public health and safety will be found under HEALTH ; matters affecting the relation between employes and employers are dealt with under MASTER AND SERVANT ; and licenses to manufacturers and their liability to mercantile taxes will be treated under LICENSES. Taxes on property used in manufac- tures and on property of manufacturing companies are included in the topic TAXATION. MABITIME LIENS. This topic treats of liens created by maritime law or by statute on vessels, more particularly such liens as security for the price or value of services rendered or supplies furnished to vessels, or for repayment of moneys advanced to them, and the enforcement of maritime liens in general. Liens for services incident to particular occupations will be treated under such topics as SEAMEN, PILOTS, TOWAGE, WHARVES. Questions relating to the lien of a master for wages will be considered under SHIPPING, and those relating to liens for salvage services under SALVAGE. Mortgages of vessels, bottomry, and respondentia will be found under SHIPPING, and mutual liens of vessel and cargo will also be considered under that topic. Liens for damages for injuries by collision will be found under COI^ LISION, and liens for other torts under SHIPPING. Jurisdiction and procedure in admiralty cases will be treated under ADMIRALTY. MARRIAGE. This topic treats of the marriage contract, and nature, creation, proof, and annulment of its obligation. Contracts to marry and breach thereof will be considered under BREACH OP MARRIAGE PROMISE. Contracts to procure marriage or in restraint of mar- riage are treated under CONTRACTS ; and the relation of husband and wife, disabilities and privileges of coverture and separation by agreement, are included in the topic HUSBAND AND WIFE. Di- vorce and judicial separation are included in the topic DIVORCE, and the offenses of adultery and bigamy in the topics ADULTERY, BIGAMY. § 79) MAIN HEADS OF THE LAW DEFINED. 276 MABSHAI.ING ASSETS AND SECURITIES. Included in this topic are actions to compel creditors who are en- titled to enforce their claims against more than one fund or class of assets, while others can enforce their claims against one or a part thereof only, to exhaust first the funds or assets to which they alone can have recourse, and the enforcement, in general, of rights to such arrangement of assets, securities, etc., under administration, and of claims thereon by injunction, decree of subrogation, or other- wise. The topic also includes review of proceedings and costs in- curred. Application of payments as between debtor and creditor will be found under PAYMENT, and application of the doctrine of marshaling in distribution of assets of partnerships will be found un- der PARTNERSHIP. The doctrine as applied to decedents' estates will be found under EXECUTORS AK1> ADMINISTRATORS, and as applied to property assigned for benefit of creditors under ASSIGNMENTS FOR BENEFIT OF CREDITORS. Questions re- lating to the application of the doctrine to estates of insolvents will be found under INSOLVENCY, and as relating to assets of bankrupts under BANKRUPTCY. Questions relating to the proceeds of sales on foreclosure will be considered under MORTGAGES, MECHANICS' LIENS, and those relating to proceedings in admiralty under AD- MIRALTY. MASTER AND SERVANT. This topic treats of the relation created by contracts of employ- ment, express or implied, and the rights, powers, duties, and liabili- ties of the parties as between themselves and as to others incident to the relation, and legal proceedings relating thereto. Contracts for specific work, not involving a hiring of services generally, will be found under CONTRACTS. Implied liability for services rendered not in performance of contract obligations or of the duties of any employment or other special relation are considered under WORK AND LABOR, ASSUMPSIT, ACTION OF ; rights and liabilities on ground of agency fall within the scope of PRINCIPAL AND AGENT. Questions relating to apprenticeship are considered under APPREN- TICES, and services of particular classes of persons, or of persons in particular personal relations or occupations,/ under such heads as INFANTS, HUSBAND AND WIFE, PARENT AND CHILD, AT- TORNEY AND CLIENT, CARRIERS. Questions relating to the services of officers will be considered under OFFICERS. MAYHEM. The infliction of personal injuries which deprive one of any mem- ber or organ of his body or cause other permanent disability or dis- figurement falls within the scope of this topic, together with attempts to maim and assaults with intent to maim, and prosecution of such 276 HOW TO FIND THE LAW. (Part rV acts as public offenses. Aggravated assaults, wounding, etc., without maiming or attempt to malm, will be found under ASSAULT AND BATTERY. MECHANICS' I.IENS. This topic deals with statutory liens on specific real property as security for the price or value of work performed or materials fur- nished for the erection, improvement, or repair of buildings or other structures on the property. The topic also includes proceedings to acquire and perfect such liens, bonds to secure against such liens, and proceedings to enforce such bonds, and to enforce the Hens. Mat- ters relating to liens in general, and particularly liens on personal property, will be found under LIENS. Liens on real property for work or material other than for building fall within the scope of such topics as RAILROADS, MINES AND MINERALS, IMPROVE- MENTS. Liens on vessels for construction or repairs are included under MARITIME LIENS, and liens for wages in general under MASTER AND SERVANT. MERCANTILE AGENCIES. Under this topic will be found the regulation and conduct of the business of procuring and furnishing information as to the pecuniary condition, credit, and character of persons engaged in business, and the mutual rights, duties, and liabilities of those engaged therein, and their subscribers or customers. Liabilities for slander or libel are treated under LIBEL AND SLANDER. Duties and liabilities in respect of collections or any business other than supplying informa- tion will be treated under PRINCIPAL AND AGENT, and liabilities for false statements to or through mercantile agencies under SALES, FRAUD, ARREST, and other specific titles of the subject involved or the remedies. MILITIA. This topic treats of the rights, powers, and duties of soldiers en- rolled by authority of the state for discipline and for service in emergency, together with the liability to service in the militia, and control and employment of militia in actual service, offenses against laws governing the militia and courts administering such laws. The right to bear arms in general is considered under WEAPONS. Ex- emption of members of the militia from other public service and from taxation will be found under JURY, TAXATION, and other spe- cific heads. Questions connected with calling militia into the service of the general government are considered under ARMY AND NAVY. MINES AND MINERALS. Questions concerning mineral substances, solid or fluid, other than ordinary soil, sand, clay, or rock, found beneath the surface of the earth and lands containing such minerals; and mines and mining § 79) MAIN HEADS OF THE LAW DEFINED. 277 claims or rights ; organization, powers, and franchises of mining com- panies ; and rights, duties, and liabilities of proprietors in respect of the working of their mines otherwise than in their capacity of em- ployers — are considered in this topic. Rights and liabilities in re- spect of subterranean waters will be found under WATERS AND WATER COURSES. Matters applicable to partnerships and corpo- rations in general fall within the scope of PARTNERSHIP, CORPO- RATIONS ; and duties and liabilities, as employers, of those working mines are considered in MASTER AND SERVANT. MISCEGENATION. Included in this topic are questions relating to marriage or sexual intercourse between persons of different races between whom mar- riage is prohibited by nature, and prosecution of such acts as public offenses. Validity and effect of mixed marriages will be considered under MARRIAGE. MONEY rENT. The obligations Implied or imposed by law to repay money lent or advanced for temporary accommodation and use, independent of any instrument in writing promising such repayment, and remedies of the parties in general, are within the scope of this topic. Promissory notes and other instruments In writing given for loans of money are treated under BILLS AND NOTES, and interest on loans under IN- TEREST, USURY. Proceedings in actions of assumpsit will be found under the topic ASSUMPSIT, ACTION OF. MONEY PAID. This topic treats of the obligations implied or imposed by law to repay money paid or expended by one person for the use or bene- fit of another, who ought to have paid it to a third person, independ- ent of any instrument in writing requesting such payment or prom- ising repayment, and remedies of the parties in general. Questions concerning bills of exchange, promissory notes, and other instruments in writing requesting or promising payment of money are considered under BILLS AND NOTES. The rights and liabilities in respect of reimbursement of part of the amount paid to discharge a common obligation are considered under CONTRIBUTION. Proceedings in actions of assumpsit will be found under ASSUMPSIT, ACTION OF. MONEY RECEIVED. The scope of this topic Includes obligations implied or imposed by law to pay money received by one person for the use or benefit of another, or to which another is entitled in equity and good con- science. Independent of any special relation, agreement, or trust, and 278 HOW TO FIND THE LAW. (Part rV remedies of the parties in general. Questions relating to money re- ceived in a representative or fiduciary capacity are treated under GUARDIAN AND WARD, EXECUTORS AND ADMINISTRATORS, ATTORNEY AND CLIENT, PRINCIPAL AND AGENT, and other specific heads. Questions relating to implied and constructive trusts fall within the scope of TRUSTS, and proceedings in actions of as- sumpsit will be found under ASSUMPSIT, ACTION OF. MONOFOIilES. Decisions relating to grants of exclusive or special privileges or immunities in respect of any occupation or business are considered under this topic, together with monopolizing or combining or attempt- ing to monopolize trade or commerce, and rights and remedies, civU or criminal, incident thereto. Questions relating to corporate and other specific franchises are considered under CORPORATIONS, FRANCHISES. Exclusive rights under laws relating to Inventions, copyrights, and trade-marks are considered under PATENTS, COPT- RIGHTS, TRADE-MARKS AND TRADE-NAMES. Grants of priv- ileges and Immunities not relating to any occupation or business fall within the scope of CONSTITUTIONAL LAW, and contracts and conspiracies In restraint of trade or commerce are included under CONTRACTS, CONSPIRACY. MORTGAGES. This topic deals with transfers of property, more particularly of real property, as security for payment of money or performance of ■contracts or other obligations, whether made by conveyance on con- dition, or with a defeasance or by deed of trust, or by conveyance absolute in form, or by deposit of title deeds, or other transaction constituting an equitable mortgage; enforcement by strict foreclo- sure, by sale under power, or by action ; and redemption. Mortgages by or to particular classes of persons will be considered under such topics as INFANTS, INSANE PERSONS, PARTNERSHIP, ASSO- CIATIONS, JOINT-STOCK COMPANIES, CORPORATIONS. Mort- gages by persons in representative or fiduciary capacities will be found under GUARDIAN AND WARD, EXECUTORS AND ADMIN- ISTRATORS, PRINCIPAL AND AGENT, TRUSTS. Mortgages of personal property in general will be considered under CHATTEL MORTGAGES, and mortgages of vessels, cargoes, freight, etc., under SHIPPING. Mortgages of franchises and property of corporations are included under FRANCHISES, CORPORATIONS, RAILROADS, and other specific heads. Mortgages fraudulent as to creditors or subse- quent purchasers will be considered under FRAUDULENT CONVEY- ANCES. Rights of mortgagors and mortgagees as to fixtures fall within the scope of FIXTURES, and subrogation to rights of mort- gagees is Included In SUBROGATION. § 79) MAIN HEADS OF THE LAW DEFINED. 279 MOTIONS. Uhder this topic are Included applications to a court or judge by or on behalf of parties to actions or other proceedings for a rule or order incident to the progress of the cause, and other applications for summary relief and determination thereof. Motions relating to par- ties, process, pleadings, and other particular proceedings in actions will be found under PARTIES, PROCESS, PLEADING, and other specific heads. Motions relating to particular remedies incident to actions will be found under such topics as ARREST, ATTACHMENT. Motions for dismissal or nonsuit are treated under DISMISSAL AND NONSUIT, and those for new trial under NEW TRIAL. Motions to open or vacate judgment, or in arrest of judgment, are treated under JUDGMENT, and costs on motions are treated under COSTS. Mat- ters relating to rules of court will be found under COURTS. MUNICIPAL COBPOBATIONS. Included in the scope of this topic are public corporations formed under special charters or by voluntary organization under general laws for purposes of subordinate local government of cities, towns, villages, etc., the rights, powers, duties and liabilities of such corporations and their officers, actions by or against municipal corporations, and crim- inal prosecutions against them. Matters relating to corporations in general are considered under CORPORATIONS; those relating to counties, parishes, etc., under COUNTIES; those relating to town- ships and towns not specially incorporated, under TOWNS; and those relating to minor territorial subdivisions for special purposes, under SCHOOLS AND SCHOOL DISTRICTS, ELECTIONS, and oth- er specific heads. The election of municipal officers at general elec- tions will be included in the topic ELECTIONS, and matters relating to public officers in general in the topic OFFICERS. Questions relat- ing to municipal courts will be considered under COURTS, and those relating to judges under JUDGES. The dedication of lands for streets and other municipal purposes is considered under DEDICA- TION, and the exercise of delegated power of eminent domain under EMINENT DOMAIN. The maintenance and operation of works, structures, etc., merely incidental to existence of municipalities, will be considered under BRIDGES, FERRIES, WATERS AND WATER COURSES, LEVEES, DRAINS, and other specific heads. The relief of the poor will be considered under PAUPERS, and questions re- lating to charitable and reformatory institutions under HOSPITALS, ASYLUMS, REFORMATORIES, PRISONS. Particular proceedings against municipal corporations, their officers, etc., will be found un- der QUO WARRANTO, MANDAMUS, PROHIBITION, INJUNC- TION, CERTIORARI, and other specific heads. 280 HOW TO FIND THE LAW. (Part IV NAMES. This topic deals with appellations and designations of Individuals, rights of a personal nature respecting their use, and change of name. Questions relating to names of illegitimate persons are considered under BASTARDS. Changes of name incident to adoption are treat- ed under ADOPTION, and those incident to marriage under MAR- RIAGE. If the change is incident to divorce it will be found under DIVORCE. Questions relating to names of partnerships are consid- ered under PARTNERSHIP; those relating to associations under ASSOCIATIONS, JOINT-STOCK COMPANIES ; and those relating to corporate bodies under CORPORATIONS. Questions relating to property in names are considered under TRADE-MARKS AND TRADE-NAMES. NAVIGABLE WATERS. Dnder this topic are included bodies and streams of water capable of ordinary navigation in their natural condition or as improved un- der franchises granted for the purpose or directly by the government. The topic also includes the organization, franchises, and powers of navigation improvement companies, the public use of such waters and their boundaries or banks, together with the promotion, control, and regulation of such use and matters incident thereto. Obstruc- tions of navigation and remedies therefor are also included, and rights and liabilities of proprietors of the shores or banks or adjoining lands in respect of such waters and of lands under or surrounded by them and the ice formed on them. Artificial water courses and streams made navigable by improvement by individuals fall within the scope of CANALS, WATERS AND WATER COURSES. The floatage of logs in streams not navigable will be found under LOGS AND LOGGING. Questions relating to ferries are considered under FEURIES, and those relating to wharves under WHARVES. The regulation of commerce is within the scope of COMMERCE, and of shipping in general is imder SHIPPING. Rules of navigation for pre- venting collision will be found under COLLISION, and fishing in pub- lic waters will be found under FISH. Questions relating to naviga- ble waters as boundaries will be considered under BOUNDARIES. NE EXEAT. This topic includes proceedings to prevent defendants In actions on demands of an equitable nature from departing or removing their property from the jurisdiction of the court, and to obtain equitable ball. Matters relating to arrest and bail in general will be found un- der ARREST, BAIL; and review of decisions relating to ne exeat will be found under APPEAL AND ERROR. The use of the writ of ne exeat in particular classes of actions wiU be found under such topics as ACCOUNT, DIVORCE. § T9) MAIN HEADS OF THE LAW DEFINED. 281 NEGIilGENCE. This topic treats of the failure to use due care, eithe;* In respect of acts or of omissions In performance or observance of a duty not founded on contract, which failure is the proximate cause of unin- tended injury to the person to whom such duty is owing; contribu- tory negligence of those injured; civil remedies for such injuries; and prosecution for such acts as public offenses. Negligence Ui re- spect of duties incident to particular personal relations, occupations, employments, contracts, etc., will be found under such topics as ATTORNEY AND CLIENT, MASTER AND SERVANT, PHYSI- CIANS AND SURGEONS, CARRIERS, LANDLORD AND TEN- ANT, BAILMENT, and other specific heads. Negligence in care and use of particular kinds of property will be considered under MINES AND MINERALS, WATERS AND WATER COURSES, ANIMALS, SHIPPING, COLLISION, and other specific heads. Negligence in the construction and use of particular kinds of works, public improve- ments, etc., will be treated under RAILROADS, BRIDGES, HIGH- WAYS, MUNICIPAL CORPORATIONS, and other specific heads. The question of remoteness of damages falls within the scope of DAMAGES. Actions for damages for death caused by negligence will be treated under DEATH, and questions relating to manslaughter by negligence will be treated under HOMICIDE. NEUTRALITY I^AW^S. Questions relating to the breach of neutrality or of other interna- tional obligations by hostile acts of private persons against a for- eign nation at peace with the United States are within the scope of this topic, and the prosecution of such breach as a public offeuse. Violation of privileges of foreign ambassadors and ministers will be considered under AMBASSADORS AND CONSULS, and rights of belligerents under WAR. NEVITSFAPERS. This topic treats of periodicals designated or employed to publisji laws or other public acts, proceedings, etc., or notices or advertise- ments relating to judicial or other official proceedings, whether for the information of the public or as notice to individuals. This topic also includes the official appointment or designation or other selec- tion of newspapers for such purposes, and compensation for making such publications, contracts therefor, and rights and liabilities in respect thereof. The efCect of publication in newspapers as notice is considered under NOTICE, and service of process by publication under PROCESS. The publication of libels falls within the scope of LIBEL AND SLANDER, and the publication of reports of judicial proceedings constituting contempt will be considered under CON- TEMPT. 282 HOW TO FIND THE LAW. (Part IV NEAV TRIAL. This topic includes the judicial re-examlnatlon by the same tri- bunals of Issues in civil cases for trial and determination thereof by courts or referees, proceedings to obtain new trial, and proceedings at new trial. Rehearings in equity are within the scope of EQUITY, and those in admiralty will be found under ADMIRALTY. New trials in criminal cases will be found under CRIMINAL LAW, and new trials before justices of the peace will be considered under JUS- TICES OF THE PEACE. Recommittal of cases to referees is within the scope of REFERENCE; and the necessity and effect of motion for new trial for pui"poses of review, review of decisions granting or refusing new trials and decisions on appeal remanding cases for new trials, will be found under APPEAL AND ERROR. NOTARIES. This topic deals with notaries public, their appointment, qualifica- tions, and tenure of office, and their rights, powers, duties, and lia- bilities in general. Questions relating to commissioners of deeds and other officers specially authorized to perform functions of no- taries, and particular acts and proceedings by notaries, will be con- sidered under ACKNOWLEDGMENT, AFFIDAVITS, BILLS AND NOTES, and other specific heads. NOTICE. Knowledge or information of facts, and means of information and constructive knowledge equivalent in legal effect to actual knowl- edge, are included in this topic, together with communication, by private act or by public authority, of information or warning of facts or of acts intended or required to be done, and offenses of de- stroying or removing public notices. Notice of particular facts, acts, and proceedings will be considered under specific titles thereof or of subjects to which they relate. The effect of notice to attorneys, agents, partners, corporate officei-s, etc., will be considered under ATTORNEY AND CLIENT, PRINCIPAL AND AGENT, PART- NERSHIP, CORPORATIONS, and other specific heads. The des- ignation of official newspapers for publication of notices, etc., and their compensation, will be treated under NEWSPAPERS. Record- ing instruments in writing to constitute constructive notice falls within the scope of RECORDS. Judicial notice of facts is under EVIDENCE, and notice as affecting good faith of purchasers, prior- ity of mortgages, etc., will be found under VENDOR AND PUR- CHASER, SALES, BILLS AND NOTES, MORTGAGES, CHATTEL MORTGAGES. Notice and demand before suit is included In AC- TION, TROVER AND CONVERSION, REPLEVIN, and titles of other particular forms and causes of action. Notice of suit will be found under PROCESS, and notice of pendency of action under LIS PENDENS. § 79) MAIN HEADS OF THE LAW DEFINED. 283 NOVATION. This topic treats of the substitution for and in discharge of an ex- isting pecuniary obligation, together with the nature, requisites, sufficiency, and efCect of such novation, and pleading and proof there- of. Questions relating to the modification of contracts will be con- sidered under CONTRACTS and titles of particular classes of con- tracts. Requirements of statute of frauds will be found under FRAUDS, STATUTE OF. NUISANCE. The use of property and rights and personal conduct causing ma- terial annoyance, inconvenience or injury to others, in respect of health, safety, comfort, sense of decency, morals, or exercise of their rights, are within the scope of this topic, together with the nature and extent of liabilities for such injuries, and civil remedies there- for and criminal responsibility and prosecution. Liabilities of land- lord and tenant in respect of demised premises will be found under LANDLORD AND TENANT. Questions relating to obstructing of highways, streets, etc., will be considered under HIGHWAYS, MU- NICIPAL CORPORATIONS. The obstruction of navigation falls within the scope of NAVIGABLE WATERS, and the obstruction, diversion, pollution, etc., of water courses will be considered under WATERS AND WATER COURSES. The protection of public health by legal authorities will be found under HEALTH. The pow- ers of municipal bodies to deal with nuisances will be found under MUNICIPAL CORPORATIONS. Particular classes of offenses of the nature of nuisances will be found under DISORDERLY HOUSE, GAMING, and other specific heads. OATH. This topic includes solemn declarations or affirmations with or without invocation of or appeal to God or other especial sanction, made in verification of averments, testimony, or promise to perform the duties of a trust or office. Verification of pleadings will be found under PLEADING, and of affidavits under AFFIDAVITS. Questions relating to oath or affirmation of witness will be found under WITNESSES. The oath or affirmation of jurors or arbitra- tors will be considered under JURY, ARBITRATION AND AWARD. Qualification for office or position of trust falls within the scope of OFFICERS and titles of particular officers, TRUSTS, EXECUTORS AND ADMINISTRATORS, and other specific heads. Questions con- cerning false swearing will be considered under PERJURY, and pro- fane swearing under BLASPHEMY. OBSCENITY. This topic includes lewd or immodest acts, conduct, or language offensive to the public sense of decency or to the public morals in 284 HOW TO FIND THE LAW. (Part IV general; publicly exhibiting or disseminating objects, publications, or representations of lewd or Indecent character, and publishing ob- scene libels ; and the prosecution of such acts as public offenses. Indecent assaults are within the scope of ASSAULT AND BAT- TERY, and the use of indecent language as affecting individuals only is under the head of DISORDERLY CONDUCT. Lewd and lasciv- ious cohabitation and other distinct classes of offenses against pub- lic morals will be considered under LEWDNESS or other specific heads. Mailing obscene matter will be considered under the topic POST OFFICE. OBSTRUCTING JUSTICE. Resisting or obstructing or intimidating an officer or other duly authorized persons in the execution of process, civil or criminal, or performance of other official act or duty, are included within the scope of this topic. It also includes preventing witnesses from at- tending or testifying, suppressing evidence, and other acts defeating, impeding, or delaying the administration of justice, not constituting a distinct offense, and attempts to commit such acts, and prosecution of such acts as public offenses. Assaults and homicide committed by or upon officers making arrests will be treated under ASSAULT .A.ND BATTERY and HOMICIDE. The escape and rescue of pris- oners are within the scope of ESCAPE, RESCUE. Questions re- lating to the misconduct and neglect of officers will be considered under OFFICERS, SHERIFFS AND CONSTABLES, and other spe- cific heads. OFFICERS. This topic treats of persons exercising public functions, trusts, or em- ployments in the civil service of the government, the nature and kinds of such offices, employments, etc., in general, eligibility for office, apr pointment, qualification, and tenure of office, and actions by or against public officers. Matters relating to legislative and executive officers in general of the United States will be treated under UNITED STATES, and those relating to legislative and executive officers of the sev- eral states will be considered under STATES. Questions concerning judicial officers and other officers attached to courts fall within the scope of COURTS, JUDGES, CLERKS OF COURTS, and other spe- cific heads. Matters pertaining to particular classes of civil officers will be considered under DISTRICT AND PROSECUTING ATTOR- NEYS, SHERIFFS AND CONSTABLES, UNITED STATES MAR- SHALS, and other specific heads. Questions relating to municipal and other local officers will be considered under MUNICIPAL COR- PORATIONS, COUNTIES, TOWNS, and other specific heads. Mat- ters pertaining to official newspapers fall within the scope of NEWS- PAPERS. Officers of private corporations will be dealt with under CORPORATIONS, and military and naval officers under MILITIA, ARMY AND NAVY, WAR. The conduct and result of elections will § T9) MAIN HEADS OF THE LAW DEFINED. 285 be found under ELEXTTIONS. Proceedings in the nature of quo warranto, mandamus, and proliibltion will be found under QUO WARRANTO, MANDAMUS, PROHIBITION. Questions relating to extortion and oppression and bribery will be considered under EX- TORTION, BRIBERY. PARDON. This topic deals with grants of exemption from punishment for crime committed, by general pardon or amnesty as well as in Indi- vidual cases, commutation of punishment, and pleading and proof of pardon. Suspension of sentence by courts will be found under CRIM- INAL LAW, and reduction of term of imprisonment by good conduct under PRISONS. PARENT AND CHILD. Within the scope of this topic will be included the parental rela- tion, rights, powers, duties, and liabilities of parents and children as between themselves and as to others, incident to the existence of the relation, and legal proceedings relating thereto. Matters pertaining to illegitimate children and legitimation will be considered under the topic BASTARDS, and questions relating to adoption under ADOP- TION. Rights and liabilities of parents as guardians and their powers to appoint guardians will be considered under GUARDIAN AND WARD. Disabilities of infancy and protection of persons and property of infants fall within the scope of INFANTS. The effect of divorce of parents is considered under DIVORCE, and particu- lar wrongs and offenses, even though affecting parental rights, will be considered under ABDUCTION, SEDUCTION, and other specific heads. PARLIAMENTARY LAW. The rules and usages governing the proceedings of deliberative bod- ies fall within the scope of this topic, together with the sources and principles of such rules and usages, and their application in general. Proceedings of Congress and other legislative bodies will be found under UNITED STATES, STATES, TERRITORIES, and proceedings of municipal councils or other governing bodies under MUNICIPAL CORPORATIONS. Proceedings of directors or trustees of corpora- tions are included under CORPORATIONS, and proceedings of con- ventions or caucuses to nominate candidates for election under ELEC- TIONS. Proceedings of other bodies, boards, etc., will be considered under OE'FICERS and specific heads. PARTIES. This topic deals with persons In whose names civil actions In gen- eral may be or must be brought or defended. The capacity of particu- lar classes of persons to sue or defend will be considered under 286 HOW TO FIND THE LAW. (Part IV ALIENS, INFANTS, and other specific heads. The right to sue and liability to be sued will be considered under ACTIONS and titles of particular causes of action. Parties to particular classes of actions will be considered under CONTRACTS, TORTS, and other specific heads. The effect of death or defect of parties as ground of abate- ment of actions is within the scope of ABATEMENT AND REVIVAL. The effect of assignment of cause of action before suit is under AS- SIGNMENT. Matters pertaining to interpleading will be found un- der INTERPLEADER. Matters relating to dismissal as to one or more co-parties will be considered under DISMISSAL AND NON- SUIT. The competency of parties as witnesses is within the scope of WITNESSES, and the examination of parties before trial will be found under DISCOVERY. Absence from trial is within the scope of TRIAL, NEW TRIAL. Parties to proceedings for review in civil actions will be considered under APPEAL AND ERROR and other specific heads. Parties to civil proceedings other than actions will be found under HABEAS CORPUS, MANDAMUS, and titles of other special proceedings. Questions relating to parties to suits in equity will be considered under EQUITY, and those concerning suits in admiralty mider ADMIRALTY. Questions as to parties to pro- ceedings for probate or contest of wills are considered under WILLS. Matters relating to parties in proceedings under insolvent laws or bankrupt laws will be found under INSOLVENCY, BANKRUPTCY. Parties to criminal prosecutions will be considered under CRIMINAL LzVW, INDICTMENT AND INFORMATION, and titles of particular crimes. PARTITION. This topic deals with the division of property, real or personal, among co-owners, by mutual consent or by judicial proceedings, re- view of proceedings, and costs in actions for partition. The rights and liabilities of co-owners in general will be treated under JOINT TENANCY, TENANCY IN COMMON. PARTNERSHIP. The relation created by the combination of persons as principals to contribute property or services in a joint undertaking for joint profit falls within the scope of this title. The topic also deals with the rights, powers, duties, and liabilities of partners, and legal proceedings for enforcement thereof. Associations not dependent on the person- ality of their members, or formed for purposes other than gain, will be treated under ASSOCIATIONS, JOINT-STOCK COMPANIES, COR- PORATIONS, and other specific heads. Matters relating to the joint or common ownership of property will be considered under JOINT TENANCY. TENANCY IN COMMON. § 79) MAIN HEADS OF THE LAW DEFINED. 287 PARTY WAI.LS. Under fhis topic are included walls built partly on the land of each of two adjoining proprietors for the common benefit of both, rights and liabilities of adjoining owners in respect thereof, and legal pro- ceedings relating thereto. PATENTS. Included in this topic are the nature and incidents of the exclusive right of the inventor to the use of his invention, secured by grant of letters patent, proceedings to obtain patent, infringement, and reme- dies relating thereto. Letters patent for lands will appear under PUBLIC LANDS. PAUPERS. This topic treats of indigent persons requiring support from others, their relief either by public authorities or by individuals liable for their support, violations of poor laws and prosecution thereof as public offenses. Duties and liabilities incident to particular personal relations will be considered under HUSBAND AND WIFE, PARENT AND CHILD, and other specific heads. The care of indigent insane persons will be treated under INSANE PERSONS. The exclusion of pauper Immigrants will be found under ALIENS. Binding paupers as apprentices will be found under APPRENTICES. Suing In forma pauperis goes to COSTS, and relief of poor debtors from imprison- ment to ARREST, EXECUTION. Matters pertaining to asylums for indigent children, aged persons, etc., are treated under ASYLUMS. PA'WNBROKERS. The regulation of the business of lending money on pledge of goods, and the mutual rights, duties, and liabilities of persons engaged in such business and those dealing with them, fall within the scope of this topic. Contract of pledge in general will be found under PLEDGES. PAYMENT. This topic includes the delivery and acceptance of money or its equivalent in discharge of pecuniary obligations in general, evidence relating thereto, application as between particular debts, right to re- cover money paid, and pleading payment and proof thereof as a de- fense. Payment of particular classes of obligations will be found under MASTER AND SERVANT, BILLS AND NOTES, BONDS, MORTGAGES, and other specific heads. The payment of debts of decedents, legacies, etc., will be treated under EXECUTORS AND ADMINISTRATORS. The payment of taxes is within the scope of TAXATION, and the payment in performance of compromise will 288 HOW TO FIND THE LAW. (Part rV be found under COMPROMISE AND SETTLEMENT. If the pay- ment is by way of accord and satisfaction, it will appear under AC- CORD AND SATISFACTION. The effect of payment as a compli- ance with the statute of frauds is under FRAUDS, STATUTE OF, and payment to prevent bar by statute of limitations will be found under LIMITATION OF ACTIONS, and tender and payment into court will be found under TENDER. PENALTIES. The scope of this title includes moneys recoverable under statutes imposing payment thereof as a punishment for violation of their pro- visions; proceedings for recovery of penalties; review of such proceed- ings ; costs in such proceedings ; rights of informers and of plaintiffs in qui tarn actions; and waiver, compounding or remission of penal- ties. Penalties for breaches of contracts in general and distinctions between penalties and liquidated damages will be found under DAM- AGES. Matters pertaining to penal bonds will be found under BONDS. Fines imposed as punishment by sentence of courts will be considered under FINES. The construction of penal statutes in gen- eral goes to STATUTES. Penalties for partktilar offenses and recov- ery thereof will be considered under FOOD, INTOXICATING LIQ- UORS, and other specific heads. PENSIONS. This topic includes pecuniary allowances paid periodically by gov- srnment to persons who have rendered services to the public, or suf- fered loss or injury in public service, or to their representatives, pro- ceedings to obtain, and payment. Bounties offered to induce per- formance of service to the public will be found under BOUNTIES. Questions relating to the pay of retired civil or military officers will be found under OFFICERS, JUDGES, and titles of other officers, and ARMY AND NAVY. The exemption of pensions from attachment and execution will be considered under EXEMPTIONS, and exemp- tion of pensions from taxation will be considered under TAXATION. PERJURY. The willful violation of an obligation imposed by an oath or affirma- tion, or other lawful substitute for an oath, giving false testimony or making false declarations or statements in a judicial proceeding or other proceeding authorized by law, fall within the scope of this topic. It also includes suborning perjury or procuring or attempting to Induce another to commit perjury, and prosecution of the acts Included within the topic as public offenses. The suppression of evi- dence and Intimidating of witnesses will be considered under OB- STRUCTING JUSTICE. § 79) MAIN HEADS OF THE LAW DEFINED. 289 PERPETUITIES. Tbis topic deals with estates inalienable beyond the time allowed by law and restrictions under either common law rules or statutes on creation of future contingent estates, or on suspension of the abso- lute power of alienation, or on trusts for accumulation, and applica- tion of such restrictions to deeds, etc. The operation of limitations void for remoteness on prior or subsequent limitations will be con- sidered under DEEDS, WILLS, or other specific heads. PHYSICIANS AND STJBGEONS. Under this topic will be included the practice of medicine, surgery, dentistry, or other healing art; admission to practice; registration, certification, and license of practitioners ; and regulation of profes- sional conduct, together with the rights, duties, and liabilities of phy- sician and patient. Questions relating to the privilege of professional communications will be considered under WITNESSES, and those relating to the testimony of physicians as experts will be found under EVIDENCE. Physicians in public offices or employments will be considered under HEALTH, OFFICERS. PILOTS. This topic deals with licensing, registration, certification, and regulation of pilots, for particular ports or places, and their em- ployment, rights, duties, and liabilities, together with those of the owners, charterers, and masters of vessels on which they are em- ployed. The power to regulate commerce Is included in COMMERCE. PIRACY. Robbery or other forcible depredation committed on the high seas, and other acts committed by or on a vessel having no national char- acter, in violation of the law of nations or of statute law, are includ- ed in this topic, as well as fitting out vessels for piratical purposes, aiding and trading with pirates, seizure and condemnation of piratical vessels, and prosecution of acts of piracy as public offenses. Mat- ters pertaining to the slave trade will be found under SIiAVES. PLEADING. This topic includes formal statements in writing of causes of action and defenses in civil actions in general, whether proceeding according to the course of practice at common law or under provisions of prac- tice acts or codes of procedure ; exhibits annexed to pleadings ; bills of particulars ; admissibility of evidence under pleadings ; variance between allegations and proof ; and effect of verdict and judgment to cure defects. Pleading by particular classes of persons in actions by or against them will be found under such topics as INFANTS and Bkiep Mak. — 19 290 HOW TO FIND THE LAW. (Part rV other specific topics. Joinder and designation of parties In pleadings and objections to pleadings for nonjoinder, misjoinder or misnomer, or other defects as to parties, will be considered under PARTIES. Grounds of abatement and necessity of pleading in abatement are con- sidered under ABATEMENT AND REVIVAIi. Judgment on plead- ings and arrest of judgment for defects in pleadings will be foimd under JUDGMENT. Pleading In particular forms of action and al- leging particular causes of action and defenses will be found under specific heads relating to such forms of action or causes of action. Pleading in civil proceedings other than actions will be found under MANDAMUS, QUO WARRANTO, SCIRE FACIAS, and other par- ticular heads. Pleading In suits In equity will be found imder EQUITY, and In suits In admiralty under ADMIRALTY. Pleading in proceedings to probate or contest wills will be found under WILLS, and in proceedings under Insolvency acts or bankruptcy acts under INSOLVENCY, BANKRUPTCY. Pleading In criminal prosecutions goes to INDICTMENT AND INFORMATION, and the titles of par- ticular crimes. Pleading as evidence In general will be treated under EVIDENCE, as evidence in equitable proceedings it will be found un- der EQUITY, and as ground of estoppel under ESTOPPEL. FLEDGES. This title treats of possession of personal property as security for payment of money or performance of contracts or other obligations in general, enforcement of pledge, and redemption of property. Matters pertaining to pawnbrokers, and regulation of their business and dealings with them will be included under PAWNBROKERS. Pledges by or to particular classes of persons will be treated under the topics INFANTS, INSANE PERSONS, PARTNERSHIP, ASSO- CIATIONS, JOINT-STOCK COMPANIES, CORPORATIONS. Pledges by persons in representative or fiduciary capacities will be considered under GUARDIAN AND WARD, EXECUTORS AND AD- MINISTRATORS, PRINCIPAL AND AGENT, FACTORS, TRUSTS. The rights and liabilities of pledgors and pledgees of corporate stock are within the scope of CORPORATIONS, and rights of pledgees of negotiable securities as bona fide holders thereof wUl be found under BILLS AND NOTES, BONDS, MUNICIPAL CORPORATIONS, and other specific heads. Transfers, fraudulent as to creditors and sub- sequent purchasers, will be considered under FRAUDULENT CON- VEYANCES. POISONS. The regulation of manufacture, sale, and use of poisons is Included in this topic, together with the traflic in poisonous articles; liabili- ties for personal injuries from the sale and use thereof ; violation of laws relating to poisons, and prosecution of such violations as public offenses ; and the criminal administration of poisons, not constituting any other offense. Regulation of apothecaries, and their liability for § 79) MAIN HEADS OF THE LAW DEFINED. 291 negligence, falls within the scope of DRUGGISTS. Murder and at- tempts to murder by poisoning will be found under HOMICIDE. Ad- ministering poison to cause abortion is treated under ABORTION, and poisoning animals under ANIMALS. POSSESSORY WARRANT. This topic deals with summary proceedings to determine the fact of previous peaceable possession of personal property, and to restore it to such previous possessor, review of such proceedings, and costs therein. Actions for possession of personal property founded on right of property are under DETINUE, and actions founded on right of possession under REPLEVIN. Actions for damages for taking, con- verting or detaining personal property are included in the topic TROVER AND CONVERSION. POST OFFICE. The conduct and regulation of communication by mail, constitution- al and statutory provisions relating thereto, establishment, organiza- tion, and powers of post office department, and violations of postal laws, are included in this topic. Presumption as to due transmis- sion and delivery of mail will be found under EVIDENCE, and notice by mail under NOTICE, BILLS AND NOTES, and other spe- cific heads. POWERS. Under this topic will be Included authority reserved by or limited to one or more persons to dispose of property or an estate therein vested in another or others ; rights and liabilities of donors or gran- tors, donees or grantees, and beneficiaries, and remedies relating thereto. Powers of sale in mortgages and trust deeds will be found under MORTGAGES, CHATTEL MORTGAGES. Powers in trust are considered under TRUSTS, and powers granted to mere agents or attorneys by letters of attorney or otherwise, under PRINCIPAL AND AGENT. The validity and construction of particular instruments, reserving the granting powers, are considered under DEEDS, WILLS, TRUSTS. PRINCIPAI. AND AGENT. This topic deals with the relation of agency created by letters of at- torney or other express appointment, or arising by implication ; rights, powers, duties, and liabilities of the parties, and legal proceedings re- lating thereto. Agency implied from the existence of the marital or parental relation is considered under HUSBAND AND WIFE, PARENT AND CHILD. Questions relating to agency involved in the exercise of a particular vocation or occupation will be considered un- der such topics as ATTORNEY AND CLIENT, BROKERS, FAC- 292 HOW TO FIND THE LAW. (Part IV TORS, INSURANCE. Matters relating to the agency of corporate or public officers and agents will be found under CORPORATIONS, OFFICERS, and titles of particular officers. PRINCIPAL AND SURETY. This topic deals with promises to be bound with and for another primarily liable for the payment of a debt, the performance of a duty or contract, or other obligation by him, the organization, franchises, powers, and dealings of surety companies, and the rights, liabilities, and remedies of sureties, principals, and creditors. Col- lateral promises of guaranty will be found under GUARANTY, and those relating to indemnity under INDEMNITY. Contracts of surety- ship by particular classes of persons are considered under such heads as INFANTS, INSANE PERSONS, PARTNERSHIP, CORPORA- TIONS. Particular forms of contracts or Instruments of suretyship will be considered under BONDS, BAIL, UNDERTAKING. Liabili- ties of sureties for performance of particular classes of fiduciary or official duties fall within the scope of GUARDIAN AND WARD, EXECUTORS AND ADMINISTRATORS, TRUSTS, OFFICERS, and titles of specific officers. Liabilities connected with the per- formance of particular acts in judicial proceedings will be included imder ARREST, ATTACHMENT, GARNISHMENT, INJUNCTION, REPLEVIN, APPEAL AND ERROR, COSTS, and other specific heads. PRISONS. Matters pertaining to public buildings for the confinement of per- sons held in judicial custody in either civil or criminal proceedings, and either to secure their prftduction as parties or witnesses in fur- ther proceedings, or as punishment by imprisonment with or without hard labor, whether such buildings be designated as prisons, jails, penitentiaries, houses of correction, or otherwise, fall within the scope of this topic. It also includes the rights, powers, duties, and liabilities of wardens, jailers, keepers, and other officers, and the custody, care, and maintenance of the prisoners in general. Re- formatory institutions fall within the scope of REFORMATORIES, and arrest and discharge from arrest, jail limits, prison bounds, poor debtors, etc., will be considered under ARREST, BAIL, EXECUTION. Sentences to imprisonment, as punishment, will be found under CRIM- INAL LAW and titles of particular offenses. The regulation of con- victs and their labor will be considered under CONVICTS, and jail breaking, prison breach, etc., under ESCAPE. PRIVATE ROADS. This topic deals with roads established by public authority for the accommodation of private persons, but open for free passage to the public. It also includes the establishment of such roads, local § 79) MAIN HEADS OF THE LAW DEFINED. 293 assessments therefor, title to and rights in the land occupied, and liabilities for injuries from defects or obstructions therein. Roads established for public benefit will be found under HIGHWAYS, and rights of way over lands of others under EASEMENTS. PRIZE FIGHTING. The scope of this topic includes fighting without weapons by agree- ment for prize, reward, stakes, or championship, advising or aiding therein, and sending, publishing, or accepting a challenge so to fight, together with the prosecution of such acts as public offenses. Assault and battery involved in prize fighting will be considered under AS- SAULT AND BATTERY, and killing another in a prize fight under HOMICIDE. PROCESS. Included in this topic are writs, mandates, precepts or notices is- sued by a court or judge, clerk, attorney or other officer. In or inci- dent to proceedings in civil actions in general, and more particularly such instruments by which civil actions are begun and defendants therein are required to appear and answer. The topic also deals with the service of process, privilege from service, defects in pro- qess or return, amendment of process or return, and quashing or setting aside process or return. Abuse of process in general is also within the scope of this topic. Process against and service of process on particular classes of persons will be found under INFANTS, IN- SANE PERSONS, CORPORATIONS, and other specific heads. Waiv- er of objection to process, or to service thereof, by appearing, will be found under APPEARANCE. Process for arrest or other special rem- edies in action will appear under ARREST, ATTACHilENT, and other specific heads. Process to secure the attendance of jurors or witnesses will be found under JURY, WITNESSES. Final process appears under EXECUTION, and writs and other process for review of proceedings in actions are within the scope of APPEAL AND ER- ROR, CERTIORARI, REVIEW, AUDITA QUERELA. Writs In civil proceedings other than actions appear under HABEAS COR- PUS, MANDAMUS, PROHIBITION, QUO WARRANTO, SCIRE FACIAS, and titles of other special proceedings. Process in suits in equity or admiralty are dealt with under EQUITY, ADMIRALTY. Process in probate proceedings will be found under WILLS, EXECU- TORS AND ADMINISTRATORS, and In proceedings under Insolvent acts and bankrupt acts under INSOLVENCY, BANKRUPTCY. Pro- cess in criminal prosecutions appear under CRIMINAL LAW, AR- REST, EXTRADITION, SEARCHES AND SEIZURES. Process pe- culiar to particular courts will be found under COURTS, and process in proceedings before justices of the peace will be found under JUSTICES OF THE PEACE. The wrongful use of particular writs or other mandates of courts is considered under ATTACHMENT, 294 HOW TO FIND THE LAW. (Part IV EXECUTION, INJUNCTION, and other specific heads. The liability for malicioTis prosecution Is considered under MALICIOUS .PROSE- CUTION. PROHIBITION. Writs of prohibition forbidding prosecution of particular proceed- ings before inferior courts or other tribunals, judges, boards, officers, or corporations, as being without or In excess of their jurisdiction, are considered under this topic. It also Includes proceedings to obtain writ, and proceedings on the writ, review of proceedings, costs, and disobedience to such writs. Preventive relief by injunction will be considered under INJUNCTION. PBOPEBTT. Included in this topic are the nature and subjects of the rights of property in general, distinctions between difCerent kinds of prop- erty, evidence of title and matters relating to acquisition, ownership, possession, and transfer of property generally. Constitutional guar- anty of rights of property are considered under CONSTITUTIONAL LAW, and capacities, rights, and liabilities of particular classes of persons under ALIENS, BASTARDS, INFANTS, INSANE PER- SONS, CORPORATIONS, and other specific heads. Particular sub- jects and Incidents of rights of proi)erty, estates and interests in property, modes of transfer and actions, and proceedings involving or affecting rights of property, will be found luider specific heads dealing with such subjects, estates, modes of transfer, and actions. PKOSTITUTION. This topic deals with the common lewdness of a female in offering or permitting sexual Intercourse with men indiscriminately, for gain or other purpose, and soliciting or inducing a female to become a pros- titute or inmate of a house of prostitution, and placing or keep- ing a female in such a house, and prosecution of such acts as public offenses. OfCenses of notorious lewdness or lascivious conduct will appear under LEWDNESS. The ofCense of abduction will be con- sidered under ABDUCTION, and keeping and frequenting a house of prostitution under DISORDERLY HOUSE. PUBIilC LANDS. Included In this topic are matters pertaining to lands forming part of the public domain, regulations relating thereto, grants thereof, and acquisition by private owners of title thereto or rights therein under grants or statutory provisions. Questions relating to commons are considered under COMMON LANDS, and those relating to mines and minerals in public lands under MINES AND MINERAIjS. Lands under navigable waters are considered under NAVIGABLE WA- TERS. § 79) MAIN HEADS OF THE LAW DEFINED. 295 QUIETING TITLE. Under this topic will be found actions for determination of con- flicting claims to real property, the removal of clouds on title there- to, whether under the Jurisdiction of courts of equity or under statu- tory provisions, procedure therein, review of proceedings, and costs in such actions. Actions of trespass to try title are under TRES- PASS TO TRY TITLE, and effect of statute of limitations, lapse of time, laches, etc., are considered under LIMITATION OF ACTIONS, EQUITY. New trials as of right in statutory actions for determina- tion of adverse claims will be found under NEW TRIAL. QUO WABBANTO. Writs of quo warranto and proceeding by information or action in the nature of writs of quo warranto to try title to offices, franchises, etc., are included in this topic, together with the nature and scope of the remedy in general, the grounds of such writs or proceedings, and defenses thereto, review of proceedings, and costs in such pro- ceedings. The rights to and forfeiture of offices, franchises, etc., will be considered under OFFICERS, FRANCHISES, CORPORATIONS, and titles of particular classes of officers and corporations. BAILBOADS. This topic deals with the construction, maintenance, regulation, and operation of railroads in general ; the organization of rail- road companies, and their rights, powers, and liabilities with re- spect fo grants and franchises and public aid, and of the construc- tion and maintenance of their roads and other property, and their ownership and conveyance thereof, and rights and liabilities of their stockholders and officers. It also Includes the rights, duties, and lia- bilities of railroad companies as to the public, and as to individuals in respect to the management and operation of the roads other- wise than In their capacities of employers or carriers. Regulations of commerce will be found under COMMERCE, and of carriers un- der CARRIERS. Matters applicable to corporations in general ap- pear under CORPORATIONS. Powers of states or municipalities to aid railroads and liabilities incurred by them for that purpose will be found imder STATES, MUNICIPAL CORPORATIONS, COUN- TIES, TOWNS. Grants of rights of way through public lands, or of public lands in aid of railroads, appear under PUBLIC LANDS. The exercise by railroad companies of the power of eminent domain, and rights and remedies of owners of property taken or injured, are con- sidered under EMINENT DOMAIN. Railroad companies as employ- ers fall within the scope of MASTER AND SERVANT, and the car- riage of passengers and goods will be found under CARRIERS. Rail- roads in city streets will appear under STREET RAILROADS, and taxation of railroads under TAXATION. 296 HOW TO FIND THE LAW. (Part IV RAPE. This oflfense, within the scope of this topic, includes sexual in- tercourse with a female, without her consent, or where her con- sent is extorted by fear or obtained by fraud, or with a female who either is in fact or is deemed in law incapable of such consent, and attempts and assaults with intent to commit such offense &nd aid- ing therein. It also includes the compulsion of a woman to marry or to be defiled, nature and extent of criminal responsibility therefor, and grounds of defense, and the prosecution of such acts as public of- fenses. Indecent assaults without intent to commit rape are consid- ered under ASSAULT AND BATTERY, and abduction of a female for purposes of sexual intercourse is found under ABDUCTION. REAL ACTIONS. This topic includes actions for recovery of specific real property founded on right of property therein, with or without incidental re- covery of damages for detention of profits thereof, more particularly writs of right, writs of formedon, statutory petitory actions, etc., and the nature and scope of the remedy in general, review of proceed- ings, and costs in such actions. Real actions founded on mere right of possession are considered under ENTRY, WRIT OF, FORCIBLE ENTRY AND DETAINER. Writs of right of dower will be found under DOWIb. C. O Abbott's Circuit Court, United States. Abb. Deo Abbott's New York Court of Appeals Deci- sions. Abb. Dig Abbott's Digest, New York. Abb. Dig. Corp Abbott's Digest Law of Corporations. Abb. Mo. Ind Abbott's Monthly Index. Abb. Nat. Dig Abbott's National Digest. Abb. N. C Abbott's New Cases, New York. Abb. N. S . Abbott's Practice Reports, New Series. Abb. N. Y. App Abbott's New York Court of Appeals Deci- sions. Abb. N. T. Dig Abbott's New York Digest. Abb. Pr Abbott's New York Practice Reports. Abb. Pr. N. S Abbott's New York Practice Reports, New Series. Abb. Tr, Er. Abbott's Trial Evidence. ABBKEYIATIONS OF LAW PUBLICATIONS. 339 Abli. IT. S Abbott's United States Circuit Court Re- ports. Abb. Y. Bk Abbott's Year Book of Jurisprudence. Abr Abridgment; — Abridged. Abr. Case Crawford & Dix's Abridged Oases, Ireland. Abr. Case Eq Equity Cases Abridged (English). Act. or Act. Pr. C. . • . Acton's English Privy Council Reports. Ad. & E. (or Ad. & EU.) Adolphus & Ellis' English King's Bench Re- ports. Ad. & EU. N. S Adolphus & Ellis' Reports, New Series; — English Queen's Bench, commonly cited ii. B. Adams Adams' Reports 41, 42 Maine; — Adams' Re- ports 1 N. H. Add Addison's Reports, Pennsylvania; — Addams' English Ecclesiastical Reports. Add. Eoo Addams' Ecclesiastical Reports. Addams Addams' Ecclesiastical Reports, English. Addis, or Add. Pa. . . . Addison, (Pennsylvania), County Court. Ad. Jus Adams Just. Cases CScotch). Adm. & Ecc Admiralty and Ecclesiastical ; English Law Reports, Admiralty and Ecclesiastical. Adolph. & E Adolphus & Ellis' English King's Bench Re- ports. Adolph. & E. N. S.. . . Adolphus & Ellis' New Series (usually cited as Queen's Bench). Agra H. C Agra High Court Reports (India). Aik Aiken's "Vermont Reports. Al Aleyn's Select Cases, King's Bench; — Ala- bama; — ^Allen (see AH.). Al. Tel. Ca Allen's Telegraph Cases. Al. & Nap Alcock & Napier's Irish King's Bench Re- ports. Ala Alabama. Ala. St. Bap Assn. . . . Alabama State Bar Association. Ala. IT. S Alabama Reports, New Series. Ala. Sel. Cas Alabama Select Oases, by Shepherd, see Ala- bama Reports vols. 37, 38 and 39. Alaska Co Alaska Codes, Carter. Alb. Arb Albert Arbitration (Lord Cairns' Decisions). Ale. or Ale. Beg. or Ale. Beg. Cas Alcock's Irish Registry Cases. Ale. & Nap Alcoek & Napier's Irish King's Bench Re- ports. Aid Alden's Condensed Reports, Pennsylvania. Alex. Cas Report of the Alexandria Case by Dudley. Alexander Vols. 66-72 Mississippi. 340 APPENDIX. Aleyn Aleyn's Select Cases, English King's Bench. All. N. B Allen's New Brunswick Reports. All. Ser Allahabad Series, Indian Law Reports. All. Tel. Cas Allen's Telegraph Cases. Allen Allen's Massachusetts Reports; — Allen's Re- ports, New Brunswick; — Allen's Reports, Washington. Allen Tel. Cas Allen's Telegraph Cases. Allin AUinson, Pennsylvania Superior and District Court Am. Ban. R. or Am. B'kc'y Rep American Bankruptcy Reports. Am. Cent. Dig American Digest (Century Edition). Am. Corp. Cas American Corporation Oases (Withrow's). Am. Cr. Rep American Criminal Reports. Am. Cr. Tr American Criminal Trials. Chandler's. Am. Dec American Decisions. Am. Dig. American Digest. Am. Dig. Cent. Ed. . . American Digest (Century Edition). Am. El. Ca. or Am. Elec. Ca American Electrical Cases. Am. Ins. Rep. or Am. Insol. Rep American Insolvency Reports. Am. Jonr. Pol American Journal of Politics. Am. Jonr. Soc American Journal of Sociology. Am. Jnr American Jurist, Boston. Am. Law Reo American Law Record (Cin.). Am. E. C. R. F Sharswood and Budd's Leading Cases on Real Property. Am. L. Cas American Leading Cases. Am. L. J American Law Journal (Hall's), Philadelphia. Am. E. J. N. S American Law Journal, New Series, Phila- delphia. Am. E. Rev American Law Review, Boston. Am. E. T. R American Law Times Reports. Am. E. T. R. N. S. . . . American Law Times Reports, New Series. Am. Eead. Cas American Leading Cases (Hare & Wallace's). Am. Neg. Ca. (or Cas.) American Negligence Cases. Am. Neg. Rep American Negligence Reports Am. Pp. Rep American Practice Reports, Washington, D. C. Am, Prob. Rep American Probate Reports. Am. R. R Cas American Railway Cases (Smith & Bates'). Am. R R. & C. Rep. . American Railroad and Corporation Reports.. Am. R. R. Rep American Railway Reports, New York. Am. Rep American Reports (Selected Oases). Am. Ry. Ca American Railway Cases. ABBEETIATI0N3 OF LAW PUBLICATIONS. 341 Am. By. Rep American Bailway Beports. Am. St. Bep American State Reports. Am. St. By. Deo American Street Railway Decisions. Am. Tr.-M. Cas American Trade Mark Cases (Cox's). Am. & Eng. Corp. Cas American and Englisti Corporation Cases. Am. & Eng. Deo. in Eq American and Bnglisli Decisions in Equity. Am. & Eng. Enoy. Law American and English Encyclopaedia of Law. Am. & Eng. Pat. Ca. . American and English Patent Cases. Am. & Eag. By. Ca. . • American and English Railway Cases. Am. Ss Eng. B. B. Ca.. American and English Railroad Cases. Amb. (or Ambl.) .... Ambler's English Chancery Reports. Amer, American; Amerman Vols. 111-115. Penn- sylvania. Amer. Iiatr ........ American Lawyer. New York. Ames Ames' Reports (4-8 Rhode Island); — Ames' Reports (1 Minn.). Ames Cas. B. & N. . . . Ames' Cases on Bills and Notes. Ames Cas. Par. Ames' Cases on Partnership. Ames Cas. PI Ames' Cases on Pleading. Ames Cas. Trusts . . . Ames' Cases on Trusts. Ames Cas. Sur Ames' Cases on Suretyship. Ames, K. & B Ames, Knowles & Bradley's Reports (8 Rhode Island). And Andrews' English King's Bench Reports. Andrews' Connecticut Reports, Vols. 63-72. Anderson Anderson's English Common Pleas Reports. Andr. or Andrews. . .Andrews' English King's Bench Reports; — see also And. Ang. & Dnr. Angell & Durfee's Reports (1 Rhode Island). Am. Cas New York Annotated Gases. Ann. Beg Annual Register, London. Annaly Annaly's edition of Lee temp. Hardwlcke. Anne Queen Anne (thus "1 Anne," denotes the first year of the reign of Queen Anne). Anst Anstruther's English Exchequer Reports. Anth. (or Antb. N. P.) Anthon's New York Nisi Prlus Reports; An- thony's Illinois Digest. Antb. Shop Anthony's edition of Shephard's Touchstone. Ap. Justin Apud Justinlanum; In Justinian's Institutes. App Appleton's Reports (19, 20 Maine). Appe. Bre Appendix to Breese's Reports. App. Caa Appeal Cases, English Law Reports; Appeal Cases, United States; Appeal Cases of the different States; Appeal Cases, District of Columbia. 342 APPENDIX. App. Cas. Beng Sevestre and Marshall's Bengal Reports. App. Ct. Rep Bradwell's Illinois Appeal Court Reports. App. D. C Appeals, District of Columbia. App. Div Appellate Division, New York. App. N. Z Appeal Reports, Mew Zealand. App. Rep. Out Appeal Reports, Ontario. Appleton Appleton's Reports (19, 20 Maine). Ar. Rep Argus Reports. Victoria. Arabin Decisions of Seargeant Arabin. Arbnth Arbuthnot's Select Criminal Cases, Madras. Arch Court of Arches, England. Arch. P. L. Cas Archbold's Abridgment of Poor Law Oases Archer Archer's Reports (vol. 2 Florida). Archer & Hogue .... Archer & Hogue's Reports (vol. 2 Florida). Arch. Snm Archbold's Summary of Laws of England. Arg. Rep Reports printed in Melbourne Argus, Aus- tralia. Ariz Arizona. Ark. Arkansas Reports; — ^Arkley's Scotch Justicia- ry Reports. Arkl Arkley's Justiciary Reports, Scotland. Arms. Br. P. Cas. . . . Armstrong's Breach of Privilege Oases, New York. Arms. Con. Eleo Armstrong's New York Contested Elections. Arms. Elect. Cas. . . . Armstrong's Cases of Contested Elections, New York. Arms. M. & O. or Arms. Mac. & Og. . . Armstrong, Macartney, & Ogle's Irish Nisi Prius Reports. Arms. Tr Armstrong's Limerick Trials, Ireland. Arn. Arnold's English Common Pleas Reports; — Arnot's Criminal Trials, Scotland. Arn. El. Cas Arnold's Election Oases, English. Arn. & H. or Arn. St Hod Arnold & Hodges' English Queen's Bench Reports. Am. & Hod. B. C. . . . Arnold & Hodges' English Bail Court Re- ports. Am. & Hod. Pr. Cas. . Arnold & Hodges' Practice Oases, English. Arnold Arnold's Common Pleas Reports, English. Arnot Cr. C Arnot's Criminal Cases, Scotland. Ashe Ashe's Tables to the Year Books (or to Coke's Reports; or to Dyer's Reports). Ashm Ashmead's Pennsylvania Reports. Ashton . . J Ashton's (vols. 9-12) Opinions of the United States Attorneys General. Ashnrst MS Ashurst's Paper Books, Lincoln's Inn Li- brary; — Ashurst's . Manuscript Reports, printed in 2 CJhitty. ABBREVIATIONS OF LAW PUBLICATIONS. 343 Asp. Cas. (or Bep.) . . English Maritime Law Cases, new seties, by Aspinall. Asp Aspinall, English Admiralty. Asp. M. C Aspinall Maritime Cases. Ass Liber Assissarum, — Book of Assizes. Ass. Jerus Assizes of .Jerusalem. Ast. Ent Aston's Entries. Atoh, Atchison's English Navigation and Trade- Reports. Atk Atkyn's English Chancery Reports. Atk. P. T Atkyn's Parliamentary Tracts. Atl. Mo Atlantic Monthly. Atl. Reptr Atlantic Reporter. Atty. Gen. Op Attorney-Generals' Opinions, United States. Atty. Gen. Op. N. Y. . Attorney-Generals' Opinions, New York. Atwater Atwater's Reports (1 Minnesota). Anch Auchinleck's Manuscript Cases, Scotch Court of Session. Anct. Beg. & Xi. Chron. Auction Register and Law Chronicle. Aust Austin's English County Court Cases; — ^Aus- tralia. Anst. Jnr. Abr Austin's Lectures on Jurisprudence, abridged. Aust. L. T Australian Law Times. Austin C. C Austin's English County Court Reports. Austin (Ceylon) .... Austin's Ceylon Reports. Ayl. Pan Ayliff's Pandects. AyL Par. AylifC's Paragon Juris. B B. C Bankruptcy Cases. B. C. C Brown's Chancery Cases; — Bail Court Cases (Lowndes & Maxwell), B. C. O Bail Court Reports (Saunders & Cole) (or Lowndes & Maxwell). B. C. B. or B. C. Eep..Saunder's & Cole's Bail Court Reports, Eng- lish; — British Columbia Reports. B. Ck Barbour's Chancei-y Reports, New Xork. B. D. &; O Blackham, Dundas & Osborne's Nisi Prlus Reports, Ireland. B. Ii. B Bengal Law Reports. B. M Burrow's Reports temp. Mansfield; — B. Mon- roe (Kentucky). B. M. or B. Moore . . . Moore's Reports, English. B. Mon. Ben Monroe's Reports, Kentucky. 344 APPENDIX. B. N. C Bingham's New Cases, English Common Pleas; — Brooke's New Cases, English King's Bench; — Busbee's N. C. Law Re- ports. B. N. P Buller's Nisi Prius. B. P. B BuUei-'s Paper Book, Lincoln's Inn Library. B. P. C Brown's Cases in Parliament. B. P. L. Cas Bott's Poor Law Cases. B. P. N. R Bosanquet & Puller's New Reports, English Common Pleas. B. P. K Brown's Parliamentary Reports. B. R. Bancus Regis, or King's Bench; — Bankrupt- cy Reports; — Bankruptcy Register, New York; — National Bankruptcy Register Re- ports. B. R. H. Cases in King's Bench temp. Hardwicke. B. & A. Barnewall & Adolphus' English King's Bench Reports; — Barnewall & Alderson's English King's Bench Reports; — Baron & Arnold's English Election Cases; — Baron & Austin's English Election Cases; — Ban- ning & Arden's Patent Oases. B. Se Ad. or Adol. . . . Barnewall & Adolphus' English King's Bench Reports. B. & Aid Barnewall & Alderson's English King's Bench Reports. B. & Arn Barron & Arnold's Election Cases. B. & Anst Barron & Austin's English Election Cases. B. & B Broderip & Bingham's English Common Pleas Reports.; — Ball & Beatty's Irish Chancery Reports ; — Bowler & Bowers, vol. 3, United States Comptroller's Decision. B. & O Barnewall & Oresswell's English King's Bench Reports. B. & D Benloe & Dalison, English. B. & F Broderip & Premantle's English Ecclesias- tical Reports. B. & H Blatchford & Rowland's United States Dis- trict Court Reports. B. & H. Dig Bennett & Heard's Massachusetts Digest. B. & H. Lead. Cas. . . . Bennett & Heard's Leading Criminal Cases. B. Sc Z. Bankruptcy and Insolvency Cases. B. & L Browning & Lushington's English Admiralty Reports. B. & M. or B. & Macn Browne & Macnamara, English. B. & P Bosanquet & Puller's English Common Pleas Reports. ABBREVIATIONS OF LAW PUBLICATIONS. 345 B. & F. N. R Bosanquet & Puller's New Reports. B. & S Best & Smith's English Queen's Bench Re- ports. B. & V Beling & Vanderstraaten's Reports, Ceylon. Ba. & Be Ball & Beatty's Irish Chancery Reports. Bao. Dig Bacon's Georgia Digest. Baoh Bach, toIs. 19-21 Montana. Bagl Bagley's Reports (16-19 California). Bail Bailey's Law Reports, South Carolina. Bail. Dig Bailey's North Carolina Digest. Bail. Eq Bailey's Equity Reports, South Carolina. Bail Ct. Cas Lowndes & Maxwell's English Bail Court Cases. Bail Ct. Rep Saunders & Cole's English Bail Court Re- ports ; — Lowndes & Maxwell's English Bail Court Cases. Bailey Bailey's Law Reports, South Carolina Court of Appeals. Bailey Eq Bailey's Equity Reports, South Carolina Court of Appeals. Baill. Dig Baillie's Digest of Mohammedan Law. Bald, or Bald. CO... Baldwin's United States Circuit Court Re- ports; — Baldus (Commentator on the Code); — Baldasseroni (on Maritime Law). Bald. App. 1 1 Pet. . . Baldwin's Appendix to 11 Peters. Baldw. Dig Baldwin's Connecticut Digest. Bal£ Balfour's Practice, Laws of Scotland. Ball & B Ball & Beatty's Irish Chancery Reports. Bank. Ct. Bep Bankrupt Court Reports, New York; The American Law Times Reports are some- times thus cited. Bank. Rep American Law Times Bankruptcy Reports. Bank, and Ins. R. . . . Bankruptcy and Insolvency Reports, Eng- lish. Banks Banks' Reports (1-5 Kansas). Bank. I Bankton's Institutes of Laws of Scotland. Bank. & Ins Bankruptcy and Insolvency Reports, Eng- lish. Bann Bannister's Reports, English Common Pleas. Bann. Br Bannister's edition of O. Bridgman's Eng- lish C. P. Reports. Bann. & A. Pat. Ca. . Banning & Arden's Patent Cases. Bar Bamardistons' English King's Bench Re- ports; — Bamardistons' Chancery; — Bar Re- ports in all the Courts, English; — Barbour; — Barrows, Rhode Island Reports, vol. 18. Bar. Ch. (Chy.) Barnardlston's English Chancery Reports. Bar. Mag Barrington's Magna Charta. 346 APPENDIX. Bar. N Barnes' Notes, English CJommon Pleas Re- ports. Bar. & Ad Bamewall & Alderson's English King's Bench Reports. Bar. & Al Barnewall & Adolphus', English King's Bench Reports. Bar. & Am Barron & Arnold's English Election Cases. Bar. & Anst. (An.) . . Barron & Austin's English Election Cases. Bar. & Cr Barnewall & Cresswell's English King's Bench Reports. Barb Barbour's Supreme Court Reports, New Tork; — Barber's Reports 14-24 Arkansas. Barb. Abs Barbour's Abstracts of Chancellor's Deci- sions (New York). Barb. Ark Barber's Reports Arkansas Supreme Court. Reports vols. 14-26. Barb. App. Dig Barber's Digest, New York. Barb. Dig Barber's Digest of Kentucky. Barb. Ch Barbour's New York Chancery Reports. Barb. Ch. Pr Barbour's Chancery Practice (Text Book). Barb. S. C Barbour's Reports, Supreme Court, New York. Barbe Barber's Reports, Arkansas, see Barb. Ark. Bare. Dig Barclay's Missouri Digest. Barn Barnes' English Common Pleas Reports. Barn Barnardiston's English King's Bench Re- ports; — ^Barnes' English Common Pleas Reports; Barnfield, Rhode Island, Reports, vols. 19-20. Barn. Ch Barnardiston's English Chancery Reports. Barn. No Barnewall & Adolphus' English King's Bench Reports. Barn. Sc Ad Barnes' Note of Cases, English Common Pleas. Bam. & Aid. Bamewall & Alderson's English King's Bench Reports. Barn. Sc Cr Bamewall & Cresswell's English King's Bench Reports. Barnard. Ch Barnardiston's Chancery Reports. Barnard. K. B Barnadiston's King Bench Reports. Barnes, N. C Barnes' Notes of Cases in Common Pleas. Barnet Barnet's English Central Criminal Coiirts Reports, vols. 27-29. Barnf. & S Barnfield and Stiness, Rhode Island Reports, vol. 20. Bamw. Dig Bamwall's Digest of the Year Books. Barr Barr's Reports (1-10 Pennsylvania State) ; Barrows' Rhode Island Reports, vol. 18. ABBREVIATIONS OF LAW PUBLICATIONS. 347 Barr. & Am : . Barron & Arnold's English Election Cases. Barr. & Aus Barron & Austin's English Election Cases. Barrows Khode Island Reports, vol. 18. Bart. El. Cas Bartlett's Congressional Election Cases. Bat. Dig Battle's Digest, North Carolina. Bates Bates' Delaware Chancery Reports. Bates' Dig Bates' Digest, Ohio. Batt. or Batty Batty's Irish King's Bench Reports. Bax. or Bast Baxter's Reports, Tennessee. Bay Bay's South Carolina Reports; — Bay's Re- ports (1-3 and 5-8 Missouri). Beas Beasley's New Jersey Chancery Reports. Beat, or Beatty Beatty's Irish Chancery Reports. Bear Beavan's English Rolls Court Reports. Beav. B. & C. Cas. . . . English Railway and Canal Cases, by Beavan and others. Beav. & AVal. Ry. Cas Beavan & Walford's Railway and Canal Oases, England. Beaw Beawes' Lex Mercatoria. Bee Bee's United States District Court Reports. Bee Adm Bee's Admiralty. An Appendix to Bee's District Court Reports. Bee C. C. E Bee's Crown Cases Reserved, English. Beebe Cit Beebe's Ohio Citations. Bech Vols 12-16 Colorado, also vol. 1 Colorado Court of Appeals. Bedell New York Reports, vol. 163. Bel Bellewe's English King's Bench Reports; — Bellasls' Bombay Reports; Beling's Ceylon Reports; Bellinger vols. 4r-8, Oregon. Beling Beling's Ceylon Reports. Beling & Van Beling & Vanderstraaten's Ceylon Reports. Bell Bell's English Crown Cases Reserved; Bell's Scotch Appeal Oases; — Bell's Scotch Ses- sion Cases; — Bell's Calcutta Reports (In- dia) ; — Bellewe's English King's Bench Re- ports; Brooke's New Cases, by Bellewe; — Bellinger's Reports (4-8 Oregon); — Bellasis' Bombay Reports. Bell App. Cas Bell's Scotch House of Lords (Appeal) Cases. Bell O. C Bell's English Crown Cases Reserved; — Bel- lasis' Civil Cases, Bombay; — Bellasis' Criminal Cases, Bombay. Bell C. H. C Bell's Reports, Calcutta High Court Bell Cas Bell's Cases, Scotch Court of Session. Bell Cas. t. H. VIII . . Brooke's New Cases (collected by Bellewe). 348 APPENDIX. BeU Cas. t. R. n. . . . Bellewe's English King's Bench Reports (time of Ilichard II). BeU Cp. C Bell's English Crown Cases; Beller's Crim- inal Cases, Bombay. BeU f ol Bell's folio Reports, Scotch Court of Session. Bell H. C Bell's Reports, High Court of Calcutta. Bell H. L Bell's House ef Lord's Cases, Scotch Ap- peals. Bell Med. L. J Bell's Medico Legal Journal. Bell Oct. (or 8vo.) . . . Bell's octavo Reports, Scotch Court of Ses- sion. Bell P. C Bell's Cases in Parliament, Scotch Appeals. Bell Put. Mar Bell's Putative Marriage Case, Scotland. Bell So. Dig Bell's Scottish Digest. Bell So. App Bell's Appeals to House of Lords from Scot- land. Bell Ses. Cas Bell's Cases in the Scotch Court of Session. Bell Ap. Ca Bell's Scotch Appeals. Bell C. C Bell's Croven Cases, England. Bellas Bellasis' Criminal (or Civil) Cases, Bom- bay. Bellewe Bellewe's English King's Bench Reports. Bellewe t. H. VIII.. .Brook's New Oases (collected by Bellewe). Bellinger Oregon Reports, vols. 4-8. Bellingh. Tr Report of Bellingham's Trial. Belt Bro Belt's edition of Brown's Chancery Re- ports. Belt Sup Belt's Supplement to Vesey Senior's English Chancery Rejjorts. Belt Ves. Sen Belt's edition of Vesey Senior's English Chan- cery Reports. Ben Benedict's United States District Court Re- ports. Ben. F. I. Cas Bennett's Fire Insurance Cases. Ben Mon Ben Monroe, Kentucky. Ben. & Dal Benloe & Dalison's English Common Pleas Reports. Ben. & H. L. C Bennett & Heard's Leading Criminal Cases. Benoh & B Bench and Bar (periodical), Chicago. Bendl Bendloe (see Benl.). Bened Benedict's United States District Court Re- ports. Ben. & S. Dig Benjamin & Slidell's Louisiana Digest. Beng. Ii. R Bengal Law Reports, India. Beng. S. D. A Bengal Sudder Dewanny Adawlut Reports. Benj Benjamin. New York Annotated Cases, 6 vols. ABBREVIATIONS OF LAW PUBLICATIONS. 349 Benl Benloe's or Bendloe's English King's Bencb Beports. Benl. in Ashe Benloe at the end of Ashe's Tables. Benl. in Keil Benloe or Bendloe in Keilway's Reports. Benl. New Benloe's Reports, English King's Bench. Benl. Old Benloe of Benloe & Dalison, English Com- mon Pleas Reports. Benl. & Dal Benloe & Dallson's Common Pleas Reports. Benn. Cal Bennett's Reports (1 California Supreme Court). Benn. F. I. Cas Bennett's Fire Insurance Cases. Benn. ft H. Cr. Cas. . . Bennett & Heard's Leading Criminal Cases. Benn. & H. Dig Bennett & Heard's Massachusetts Digest. Benno Reporter of vol. 7, Modern Reports. Benmeti Bennett's Reports, 1 California; Bennett's Reports 1 Dakota; — Bennett's Reports 16- 21 Missouri. Bent Bentley's Reports, Irish Chancery. Bentl. Att.-Gen Bentley, vols. 13-19 Attorneys-General's Opinions. Beor Queensland Law Reports. Bor. , Berton's New Brunswick Reports. BeTE. Bernard's Church Cases, Ireland. BeTsy , . Berry's Reports (1-28 Missouri Court of Ap- peals). Bert Berton's New Brunswick Reports. Beat & Sm Best & Smith's English Queen's Bench Re- ports. Betii's Dec Blatchford and Howland's United States Dis- trict Court Reports; — Olcott's United States District Court Reports. BsTT. & M Bevin & Mill's Reports, Ceylon. Bav. Pat Bevill's Patent Oases, English. Beven Beven's Ceylon Reports. Bibb Bibb's Reports, Kentucky. Biok Nevada Reports, vols, 10-20; Bicknell's Re- ports, India. Bicb. & Hawl Bicknell & Hawley. Nevada Reports, vols. 10-20. Big Bighell's Reports, India. Big. Cas Bigelow's Cases, William I to Richard I. Big. L. I. Cas Bigelow's Life and Accident Insurance Cases. Big. L. & A. Ins. Cas. . Bigelow's Life and Accident Insurance Cases. Big. Ov. Cas Bigelow's Overruled Cases. Big. Flac Bigelow's Placita Anglo-Normannlca. Bign Bignell's Indian Reports. Bin Binney's Pennsylvania Reports. Bin. Dig Binmore's Digest, Michigan. Bing Bingham's English Common Pleas Reports. 350 APPENDIX. Bing. N. O Bingham's New Cases, English Common Pleas. Binn Binney's Pennsylvania Reports. Birds, St Birdseye's Statutes, New York. Bishop Dig Bishop's Digest, Montana. Biss. or Bis Bissel's United States Circuit Court Reports, Bitt. Chamb. Bep. . . . Bittleson's Chamber Reports, England. Bitt. Pr. Cas Bittleson's Practice Cases, English. Bitt. W. & P Bittleson, Wise & Parnell's Reports (2, 3 New Practice Cases). Bk. Black's United States Supreme Court Re- ports. Bl Black's United States Supreme Court Re- ports; — Blatchford's United States Circuit Court Reports; — Blackford's Indiana Re- ports; — Henry Blackstone's English Com- mon Pleas Reports; — W. Blackstone's Eng- lish King's Bench Reports; Blackstone. Bl. O. C Blatchford's United States Circuit Court Re- ports. Bl. Com Blackstone's Commentaries. Bl. D. & O Blackham, Dundas & Osborne's Irish Nisi Prius Reports. Bl. H Heni-y Blackstone's English Common Pleas Reports. Bl. Prize or Bl. Fr. Cas Blatchford's Prize Cases. Bl. B. (or Bl. W.) , . , Sir William Blackstone's English King's Bench Reports. Bl. & H Blatchford & Rowland's United States Dis- trict Court Reports; Blake & Hedges, vols. 2-3, Montana. Bl. & 'W. Mines .... Blanchard & Weeks' Leading Cases on Mines. Bla. Ch Bland's Maryland Chancery Reports. Bla. Com Blackstone's Commentaries. Bla. H Henry Blackstone's English Common Pleas Reports. Bla, W Sir William Blackstone's Reports English King's Bench. Black Black's United States Supreme Court Re- ports; — Black's Reports, Indiana Reports, vols. 30-53; — H. Blackstone's English Com- mon Pleas Reports;— W. Blackstone's Eng- lish King's Bench Reports; — Blackford's Indiana Reports. Black. Cond. B.ep. . . . Blackwell's Condensed Illinois Reports. Black. D. & O Blackham, Dundas & Osborne's Irish Nisi Prius Reports. ABBREVIATIONS OP LAW PUBLICATIONS. 351 Black. H Hejiry Blackstone's English Common Pleas Reports. Black. B Black's United States Supreme Court Re- ports; — W. Blaekstone's English King's Bench Reports; — see Black. Black. Jus Blackerby's Justices' Cases. Black Skip. Ca Black's Decisions in Shipping Cases. Black. W W. Blaekstone's English King's Bench Re- ports. Blackf Blackford's Indiana Reports. Blackw. Cond Blackwell's Condensed Reports, Illinois. Blake Blake's Reports. Montana Reports, vols. 1-3. Blake & H Blake and Hedges. Montana Reports, vols. 2-3. Blanc. & W. L. C. . . . Blanchard & Weeks' Leading Cases on Mines, etc. Bland or Bland's Ch..Bland's Maryland Chancery Reports. Blatchf Blatchford's United States Circuit Court Re- ports — United States Appeals. Blatchf. Pr. Cas Blatchford's Prize Cases. Blatchf. & H Blatchford & Rowland's United States Dis- trict Court Reports. Bleckley Bleckley's Reports (34, 35 Georgia). Bliss Delaware County Reports, Pennsylvania. JBligk Bligh's English House of Lord's Reports. Bligh N. S Bligh's English House of Lord's Reports, New Series. Bliss N. Y. Co Bliss's New York Code. Bloom. Man. (or Neg.) Cas Bloomfield's Manumission (or Negro) Cases (New Jersey). Blount Tr Blount's Impeachment Trial. Bomb. H. Ct Bombay High Court Reports. Bomb. Ii. K Bombay Law Reporter. Bomb. Sel. Cas Bombay Select Cases. Bomb. Ser Bombay Series, Indian Law Reports. Bond Bond's United States Circuit Reports. Booraem Booraem's Reports (6-8 California). Borr Borradaile's Reports, Bombay. Bos Bosworth's New York Superior Court Re- ports. Bos. & Pul Bosanquet & Puller's English Common Pleas Reports. Bos. & Pul. N. B. . . . Bosanquet & Puller's New Reports, English Common Pleas. Bosw. Bosworth's New York Superior Court Re- ports. Bott P. L Bott's Poor Laws. 352 APPENDIX. Bott P. li. Cas Bott's Poor Law Cases. Bott P. L. Const Const's Edition of Bott's Poor Law Cases. Bott Set. Cas Bott's Poor Law (Settlement) Cases. Bonid Bouldin. Alabama Reports, vol. 119. Bonln Boulnois' Reports, Bengal. Bonrke Boiirke's Reports, Calcutta High Court Bov. Pat. Ca BoviU's Patent Cases. Bow Bowler & Bower's United States Comptrol- ler's Decisions. Br Bracton;— Bradford; — Bradwell; — Brayton; Breese; — Brevard; — Brewster; — Bridg- man; — Brightly; — British; — Britten; — Brockenbrough; — Brooke; — Broom; — Brown; — Brownlow; — Bruce; — see below, especially under Bro. Br. C. C British (or English) Crown Cases (American reprint); — Brown's Chancery Cases, Eng- land. Br. Cp. Ca British (or English) Crown Cases. Br. Fed. Dig Brightly's Federal Digest. Br. N. C Brook's New Cases, English King's Bench. Br. P. C Brown's English Parliamentary Cases. Br. Reg Braithwaite's Register. Br. Sup Brown's Supplement to Morrison's Diction- ary, Sessions Cases, Scotland. Br. Syn Brown's Synopsis of Decisions, Scotch Court of Sessions. Br. & B Broderip & Bingham, English Common Pleas. Br. & Fr Broderick & Fremantle's Ecclesiastical Cases, English. Br. & Gold Brownlow & Goldesborough's English Com- mon Pleas Reports. Br. & li. or Br. & Lush Brownlow & Lushington's English Admiralty Reports. Br. & K Brown & Rader, Missouri Reports. Brae Bracton de Legibus, etc., Angliae. Brad Bradford's Surrogate Reports, New Xork; — Bradford's Iowa Reports; — Bradwell's Illi- nois Appeal Reports; Bradley, Rhode Is- land. Bradf Bradford's New York Surrogate Reports; — Bradford's Reports, Iowa. Bradw Bradwell's Appellate Reports, Illinois. Brady Ind Brady's Index, Arkansas Reports. Brame Vols. 66-72, Mississippi. Branch Branch's Reports (1 Florida). Brand Brandenburg, vol. 21, Opinions Attorneys-Gen- eral. ABBREVIATIONS OF LAW PUBLICATIONS. 353 Brant Brantly, Maryland Reports, vols. 80-90. Brans. Dig Branson's Digest, Bombay. Brayt Brayton's Vermont Reports. Breese Breese's Reports (1 Illinois). Brett Ca. Eq Brett's Cases in Modern Equity. Brev Brevard's SoutU Caroliua Reports. Brev. Dig Brevard's Digest. Brev. Ju Brevia Judicialia (Judicial Writs). Brew Brewer's Reports (19-26 Maryland). Brewst Brewster's Pennsylvania Reports. Brick. Dig Brickell's Digest, Alabama. Bridg. J Sir J. Bridgman's English Common Pleas Re- ports. Bridg. Dig. Ind Bridgman's Digested Index. Bridg. O Sir Orlando Bridgman's English Common Pleas Reports — (sometimes cited as Carter). Bright (Pa.) Brightly's Pennsylvania Supreme Court Re- ports. Bright. Dig Brightly's Digest, New York; Brightly's Di- gest, Pennsylvania; Brightly's Digest, Unit- ed States. Bright. Elec. Cas. . . . Brightly's Leading Election Cases. Bright. N. P Brightly's Pennsylvania Nisi Prius Reports. Bright. Purd Brightly's Purdons Digest Laws of Pennsyl- vania. Brisbin Brisbin's Reports (1 Minnesota). Brit Britton's Ancient Pleas of the Crown. Brit. Cr. Cas British (or English) Crown Cases. Bro See also Brown and Browne. Browne's Pennsylvania Reports; — Brown's Michigan Nisi Prius Reports; — Brown's English Chancery Reports; — Brown'si Parliamen- tary Cases; — Brown, vols. 53-65 Missis- sippi; — Brown, vols. 80-137, Missouri. Bro. A. «E R Brown's United States District Court Re- ports (Admiralty and Revenue Cases). Bro. Abr. in Eq Browne's New Abridgment of Cases in Eq- uity. Bro. Adm Brown's United States Admiralty Reports. Bro. C. C Brown's English Chancery Cases, or Re- ports. Bro. Ch Brown's English Chancery Reports. Bro. Ecc Brooke's Six Judgments in Ecclesiastical Cases (English). Bro. N. C Brooke's New Cases, English King's Bench. Bro. N. P Brown's Michigan Nisi Prius Reports; Brown's Nisi Prius Cases, English. Brown's English Parliamentary Cases. Bro. P. C. . . Betef Mak -23 354 APPENDIX. Bro. (Pa.) Browne's Pennsylvania Reports. Bro. Snpp Brown's Supplement to Morrison's Diction- ary of the Court of Session, Scotland. Bro. Syn Brown's Synopsis of Decisions, Scotch Court of Session. Bro. V. M. Brown's Vade Mecum. Bro. & Fr Broderick & Fremantle's English Ecclesias- tical Cases. Bro. & G Brownlow & Goldesborough's English Com- mon Pleas Reports. Bro. & Iiash Browning & Lusbington's English Admiral- ty Reports. Brock Brockenbrough's Marshall's Decisions, U. S. Circuit Court. Brock. Cas Brockenbrough's Virginia Oases. Brock. & Hoi Brockenbrough's & Holmes' "Virginia Cases." Brod. Stair Brodie's Notes to Stair's Institutes, Scotch. Brod. & Bing Broderip & Bingham's English Common Pleas Reports. Brod. & Fr Broderick & Fremantle's Ecclesiastical Cases. Brooke Brooke's New Cases, English King's Bench. Brooke Eccl. Judg. . . Brooke's Six Ecclesiastical Judgments. Brooke N. C Brooke's New Cases, English King's Bench Reports. (Bellewe's Cases temp. Henry VIII.) Brooke (Petit.) .... Brooke's New Cases. Brooke Six Judg Brooke's Six Ecclesiastical Judgments (or Reports). Brooks Michigan Reports, vols. 106-119. Bronu Broun's Justiciarj' Reports, Scotland. Brown Brown — vols. 53-65 Mississippi; — Brown's English Parliamentary Cases; — Brown's English Chancery Reports; — Brown's Scotch Reports; — Brawn's United States District Court Reports; — Brown's U. S. Admiralty Reports; Brown's Michigan Nisi Prius Reports; — Brown's Reports (4- 25 Nebraska; — Brownlow (& Goldesbor- ough's) English C. P. Reports; — Brown, Missouri Reports, vols. 80-137; — see also Bro. and Browne. Brown A. & B Brown's United States District Court Re- ports (Admiralty and Revenue Cases). Brown Ch. Cas Brown's Chancery Cases, English Chancery. Brown Ecc Brown's Ecclesiastical Reports, English. Brown N. P Brown's Michigan Nisi Prius Reports. Brown N. P. Cas Brown's Nisi Prius Cases, English. ABBREVIATIONS OF LAW PUBLICATIONS. 355 Bro-nrn P. C Brown's Parliamentary Cases, English House of Lords. Brown Sup. Dec Brown's Supplement to Morrison's Diction- ary, Session Cases, Scotland. Brown Syn Brown's Synopsis of Decisions, Scotch. Brown. & Gold Brownlow & Goldesborough's English Com- mon Pleas Reports. Brown & H Brown & Heminway's Reports (53-58 Mis- sissippi). Brown. & Iiush Browning & Lushington's English Admiral- ty Reports. Brown Browne's Pennsylvania Reports; — Browne's Reports, 97-114 Massachusetts; — Browne, N. Y. Civil Procedure; — see also Bro. and Brown. Browne N. B. C Browne's National Bank Cases. Browne & Gray Browne & Gray's Reports, 110-111 Massa- chusetts. Browne & Macn Browne & Macnamara's English Railway and Canal Cases. Brownl. & Gold Brownlow & Goldesborough, English Com- mon Pleas Reports. Brn. (or Bruce) Bruce's Scotch Court of Session Reports. Brun Brunner's Collective Oases, XJ. S. Brunk. Ir. Dig Brunker's Irish Common Law Digest. Brunner Sel. Cas. . . . Brunner's Selected Cases United States Cir- cuit Courts. Bt Benedict's United States District Court Re- ports. Buch Buchanan's (Eben J. or James) Reports, Cape of Good Hope. Buch. Cas. (or Tr.) . . Buchanan's Remarkable Criminal Cases, Scotland. Buch. Ct. Ap. Cape G. H Buchanan's Court of Appeals Reports, Cape of Good Hope. Buch. E. Cape G. H. . . E. Buchanan's Reports, Cape of Good Hope. Buch. E. D. Cape G. H Buchanan's Eastern District Reports, Cape of Good Hope. Buch. J. Cape G. H. . . J. Buchanan's Reports, Cape of Good Hope. Buch Buck's English Cases in Bankruptcy; — Buck, Montana Reports, vols. 7-8. Buch. Coohe Bucknill's Cooke's Cases of Practice, Com- mon Pleas. Buch. Dec Buckner's Decisions (in Freeman's Missis- sippi Chancery Reports). Buff. Super. Ct Sheldon's Superior Court Reports (Buffalo, N. Y.). 35G APPENDIX, Bull. & C. Dig Billiard & Curry's Louisiana Digest. Bnller Mss J. Buller's Paper Books, Lincoln's Inn Li- brary. Bull. N. P Buller's Law of Nisi Prius, English. Bulst Bulstrode's English King's Bench Reports.- Bump N. C Bump's Notes on Constitutional Decisions. Bniib Bunbmry's English Exchequer Reports. Bur. (Burr.) Burrow's English King's Bench Reports; — Burnett's AVisconsin Reports. Bur. M Burrow's Reports temp. Mansfield. Burf Burford, Oklahoma Reports, vols. 6-9. Burgess Burgess, Ohio State Reports, vols. 46-49. Burg. Dig Burgwyn's Digest Maryland Reports. Burks Virginia Reports, vols. 91-97. Burke Tr Burke's Celebrated Trials. Burlesque Beps Skillnian's New York Police Reports. Burm. Ii. R Burmah Law Reports. Burnet Burnet's Manuscript Decisions, Scotch Court of Session. Burnett Burnett's Wisconsin Reports; — Burnett, Ore- gon Reports, vols. 20-22. Burr Burrows' English King's Bench Reports. Burr. S. C. (or Sett. Oas.) Burrows' English Settlement Oases. Burr Tr. Bob Burr's Trial, reported by Robertson. Burt. Cas Burton's Collection of Cases and Opinions. Burt. So. Tr Burton's Scotch Trials. Busb Busbee's Law Reports, North Carolina. Busb. Eq Busbee's Equity Reports, North Carolina. Busb. Cp. Dig Busbee's Criminal Digest, North Carolina. Bush Bush's Kentucky Reports. Butt's Sh Butt's edition of Shower's English King's Bench Reports. Buxton North Carolina Reports, vols. 123-126. C. (or C). C. B. TX. S. C. B. B. . . C. C. A. . . C. C. C. . C. C. Chr. C. C. E. . . C. C. L. C , . Cowen (New York); — Connecticut; — Califor- nia; — Colorado; — Canada (Province). . Common Bench Reports, New Series. . Cour de Blanc de la Reine. Quebec. , United States Circuit Court of Appeals. , Choice Cases in Chancery. . Chancery Cases Chronicle, Ontario. , Caines' Cases in Error, N. Y. ; — Oases of Con- tested Elections. . Civil Code, Quebec ABBREVIATIONS OF LAW PUBLICATIONS. 357 C. C. P C. C. Sunn CD C. E. Gr C. H. & A C. J. C C, J. Civ C. L. Ch C. I.. B C. M. & B. C. N C. N. Conf. C. N. P C. N. P. C. . CO Code of Civil Procedure, Quebec. City Court Reports, Supplement N. Y. Commissioner's Decisions, United States Pat- ent Office; Century Digest. C. E. Greene's New Jersey Equity Keports. Carrow, Hamerton & Allen's New Sessions Cases, English. Couper's Judiciary Cases, Scotland. Corpus Juris Canonici. Corpus Juris Civilis. Com. Law Chamber Reports (Ontario). Common Law Reports, printed by Spottis- woode ; — -"English Common Law Reports" (1853-1855). Crompton, Meeson, & Roscoe's English Ex- chequer Reports. Code Napoleon. Cameron ix. Norwood's North Carolina Con- ference Reports. Cases at Nisi Prius. Campbell's Nisi Prius Cases. Common Orders. Oases of Contested Elections, United States. Oode of Civil Procedure, Quebec. C. P. Coopei:'s English Chancery Practice Cases. O. P. Cooper's English Chancery Reports temp. Brougham. C. P. Cooper's English Chancery Reports temp. Cottenham. C P. D. (or C P. Div.) Common Pleas Division, English Law Re- . ports (1875-1880). C P. Q Code of Civil Procedure, Quebec (1897). C P. U. C Common Pleas Reports, Upper Canada. C Pr Code of Procedure; — Code de Procedure Civile. C B Chancery Reports — Oode Reporter, New York. C B. N. S Code Reports, New Series, New York. C Bob C. Robinson, English Admr. & Ecc. C S Court of Session, Scotland. C S. B. C Consolidated Statutes British Columbia. C S. C Consolidated Statutes of Canada, 1859. C S. L. C Consolidated Statutes, Lower Canada. C S. & J Gushing, Storey and Josselyn. Election Cases, see vol. 1 Cushlng's Election Oases, Massachusetts. C of C E C, P. C C P. C (or Coop.) . . . C P. C t. Br C P. C t. Cott 358 APPENDIX. C. S. M Consolidated Statutes of Manitoba. C. S. N. B Consolidated Statutes of New Brunswick. C. S. & P (Craigie, Stewart &) Panton's Scotch Ap- peal Cases. C. S. U. C Consolidated Statutes of Upper Canada, 1859. C. t. K Cases temp. King (MacnagMen's Select Oliancei-y Cases, Englisb). C. t. N Cases temp. Northington (Eden's English Chancery Reports). C. t. T Cases temp. Talbot, English Chancery. O. Theod Codex Tbeodosiani. C. 'W. Dud. O. W. Dudley's Law or Equity Reports, South Carolina. C. & A Cooke & Alcock's Irish King's Bench Re- ports. C. & C Coleman & Caine's Oases, New York. C. & D Corbett & Daniel's English Election Cases; — Crawford & Dix's Abridged Oases, Irish. C. & D. A. C Crawford & Dix's Abridged Cases, Irish. C. & D. C. C Crawford & Dix's Irish Circuit Oases. C. & E Cababee & Ellis, English, 1 vol. C. & F Clark & Finnelly's English House of Lords Report. C. & H. Dig Coventry & Hughes' Digest. C. & J Orompton & Jervis' English Exchequer Re- ports. C. & K. Carrington & Kirwan's English Nisi Prius Reports. O. & L. Connor & Lawsons' Irish Chancery Reports. C. & Xi. Dig Cohen & Lee's Maryland Digest. C. & li. C. C Oane & Leigh's Oi'own Cases. C. 8c M Crompton's & Meeson's English Exchequer Reports — Carrington & Marshman's Eng- lish Nisi Prius Reports. C. & N Cameron & Norwood's North Carolina Con- ference Reports. C. & O. R. Cas English Railway & Canal Oases, by Car- row & Oliver et al. C. & P Carrington & Payne's English and Nisi Prius Reports — Craig & Phillips' Chancery Re- ports. C. & R Oockburn & Howe's English Election Oases. C. & S. Dig Connor & Simonton's South Carolina Di- gest. Ca Case or Placitum — Oases (see Oas.) Ca. resp Capias ad respondendum. Ca. t. Hard Cases temp. Hardwicke. Ca. sa Capias ad satisfaciendum. ABBREVIATIONS OF LAW PUBLICATIONS. 359 Ca, t. K Cases temp. King; Cases temp. King, Chan- cery. Ca. t. Talb Cases temp. Talbot, Chancery. Ca. temp. F Cases temp. Finch. Ca. temp. H Cases temp. Hardwicke, King's Bench. Ca. temp. Holt Cases temp. Holt, King's Bench. Cab. & E. or Cab. & EI Cababg and Ellis, English. Cadw. Dig Cadwalader's Digest of Attorney-General's Opinions. Cai Caines' New York Term Keports. Cai. Cas. (or Cas. Err.) Caines' New York Oases in Error. Cai. T. R Caines' (Term) Reports, New York. Cain Caines. New York. Cairn's Dec Cairn's Decisions in the Albert Arbitration. Cai California Reports; — Calthrop's English King's Bench Reports; — Caldecott's Eng- lish Settlement Oases. Cai. Rep California Reports — Calthrop's English King's Bench Reports. Cai. S. D. A Calcutta Sudder Dewanny Adawlut Reports. Cai. Ser Calcutta Series Indian Law Reports. Cald Caldwell, vols. 25-36, West Virginia. Cald., Cald. J. F. or Cald. S. C Caldecott's English Magistrate's (Justice of the Peace) and Settlement Cases. Call Call's Virginia Reports. Calth Calthrop's English King's Bench Reports. Cam Cameron's Reports, Upper Canada, Queen's Bench. Cam. Due Camera Ducata (Duchy Chamber). Cam. Op Cameron's Legal Opinions, Toronto. Cam. Scac Camera Scaccaria (Exchequer Chamber). Cam. Stell Camera Stellata (Star Chamber). Cam. & Nor Cameron & Norwood's North Carolina Con- ference Reports. Camp Camp. vol. 1, North Dakota; — Campbell's English Nisi Prius Reports; — Campbell Nebraska Reports — see also Campbell. Camp. Dec Campbell's Decisions. Camp. N. P Campbell's English Nisi Prius Reports. Campbell Campbell's English Nisi Prius Reports; — Campbell's Reports of Taney's United States Circuit Court Decisions; — Camp- bell's Legal Gazette Reports, Pennsylvania; — Campbell's Nebraska Reports, vols. 27- 58. Can. Exch Canada Exchequer Reports. 360 APPENDIX. Can. S. C. Rep Canada Supreme Court Reports. Cane & Ii Cane & Leigh's Crown Cases Reserved. Car Carolus (as 22823 Car. II)— Carolina. Car., H. & A Carrow, Hamerton and Allen's New Sessions Cases, English. Car., O. & B English Railway and Canal Cases, by Car- row, Oliver, Bevan, etc. Car. & K. (or Kir.) . . Carrington & Kirwan's English Nisi Prius Reports. Cap. & M. (or Mar.). . Carrington & Marshman's English Nisi Prius Reports. Car. & Ol English Railw.ay and Canal Cases, by Car- row, Oliver, etc. Car. & P Carrington's & Payne's English Nisi Prius Reports. Carl Carleton New Brunswick. Carp. P. C Carpmael's English Patent Cases. Carpenter Carpenter, California Reports, vols. 52-53. Carr. Cas Carran's Summary Cases, India. Carr,, Ham. & Al. . . . Carrow, Hameiton & Allen's New Sessions Cases, Euglisli. Carr. K Carrington & Kirwan. Carran Carrau's edition of "Summary Cases," Ben- gal. Cart Cartwright's Cases, Canada. Carter Carter's English Common Pleas Reports, same as Orlando Bridgman ; — Carter's Re- ports (1 & 2, Indiana). Carth Carthew's English King's Bench Reports. Cary Cary's English Chancery Reports. Cas Casey's Reports (23-36 Pennsylvania State). Cas. App Cases of Appeal to the House of Lords. Cas. Arg. & Dec Cases Argued and Decreed in Chancery, English. Cas. B. E, Cases Banco Regis temp. William III. (12 Jlodern Reports). Cas. B. R. Holt Cases and Resolutions (of settlements ; not Holt's King's Bench Reports). Cas. C. Ii Cases in Ci'own Law. Cas. Ch Cases in Chancery, English ; — Select Cases in Chancery ; — Cases in Chancery (9 Mod- ern Reports). Cas. Eg Cases in Equity, Gilbert's Reports ;— Cases and Opinions in Law, Equity, and Convey- ancing. Cas, Eq. Abr Cases in Equity, Abridged, English. Cas. F. T Cases temp. Talbot, by Forrester, English Chancery. ABBREVIATIONS OF LAW PUBLICATIONS. 361 Cas. H. Ii Cases in the House of Lords. Cas. in C Cases in Chancery ; — Select Cases in Chan- cery. Cas. K. B Cases in King's Bench (8 Modern Reports). Cas. K. B. t. H Cases temp. Hardwicke (W. Kelynge's English King's Bench Reports). Cas. L. & Eci Oases in Law and Equity (10 Modern Re- ports) ; — (Gilbert's Cases in Law and Eq- uity, English. Cas. P. (or Pari.) . . . Cases in Parliament. Cas. Pr Cases of Practice, English King's Bench. Cas. Pr. C. P Cases of Practice, English Common Pleas (Cooke's Reports). Cas. Pr. K. B Cases of Practice in the King's Bench. Cas. B Casey, Pennsylvania State Reports, vols. 25- 36. Cas. S. C. (Cape G. H.) Cases in the Supreme Court, Oape of Good Hope. Cas. Self. Def Horrigan & Thompson's Cases on Self -De- fense. Cas. Sett Cases of Settlement, King's Bench. Cas. Six Cir Cases on the Six Circuits, Ireland. Cas. t. Ch. II Oases temp. Charles II., in vol. 3 of Reports in Chancery. Cas. t. F Cases temp. Finch, English Chancery. Cas. t. Geo. I Cases temp. George I., English Chancery (8, 9 Modern Reports). Cas. t. H. (or Hard- wicke) Cases temp. Hardwicke, English King's Bench (Ridgway, Lee, or Annaly) ; — West's Chan- cery Reports, temp. Hardwicke. Cas. t. Holt (or H.) . . Cases temp. Holt, English King's Bench ; — Holt's Reports. Cas. t. K Select Cases temp. King, English Chancery (edited by Macuaghten) ; — Moseley's Chan- cery Reports, temp. King. Cas. t. Iiee (Phillimore's) Cases tevip. Lee, English Ec- clesiastical. Cas. t. Mac Cases temp. Macclesfield (10 Modem Re- ports). Cas. t. Nap Cases temp. Napier, by Drury, Irish Chan- cery. Cas. t. North Cases temp. Northiugton (Eden's English Chancery Reports). Cas. t. Plunk Ca.ses temp. Plunkett, by Lloyd & Gould, Irish Chancery. Cas. t. Q. A Cases temp. Queen Anne (11 Modern Re- ports). 362 APPENDIX. Cas. t. Sngd Oases temp. Sugden, Irish Chancery. Cas. t. Tal Cases temp. Talbot, English Chancery. Cas. t. Wm. Ill Cases temp. William III., (12 Modern Re- ports). Cas. Tak. & Adj Cases Taken and Adjudged (first edition of Reports in Chancery). Cas. w. Op Cases, with Opinions, by Eminent Counsel. Cas. Wm. I Bigelow's Cases, William I. to Richard I. Casey Casey Pennsylvania State Reports, vols. 25- 36. Cass. Dig Cassel's Digest, Canada. Cass. Sop. C. Prac. . . Cassel's Sup. Ct. Practice, 2d edition by Mas- ters. Cel. Tr Burke's Celebrated Trials. Cent. Dig Century Digest. Ci. App. Cas Chancery Appeal Cases, English Law Re- ports. Ch. Cas Cases in Chancery. Ct. Cas. Ch Choyce Cases in Chancery. Ch. Cham, or Ch. Ch. . Chancery Chambers' Reports, Ontario. Ch. Col. Op Chalmer's Colonial Opinions. Ch. Dig Chaney's Digest, Michigan Reports. Ch. Div. (or D.) Chancery Division, English Law Reports (1876-1890). Ch. Bep Reports in Chancery ; — Irish Chancery Re- ports. Ch. Rep. Ir Irish Chancery Reports. Ch. B. M R. M. Charlton's Georgia Reports. Ch. Sent Chancery Sentinel, Saratoga, New York. Ch. T. U. P T. U. P. Charlton's Georgia Reports. Ch. & CI. Cas Cripp's Church and Clergy Cases. Chal. Op Chalmers' Colonial Opinions. Cham Chamber's Reports, Upper Canada. Chamb. Dig. P. H. C. . Chamber's Digest of Public Health Cases. Chamh. Bep Chancery Chambers Reports, Ontario. Chan Chaney's Reports (37-58 Michigan) ;— Chan- cellor ; — Chancery (see Ch.). Chanc Chancery (see Ch.). Ciand Chandler's Reports, Wisconsin ;— Chandler New Hampshire Reports, vols. 20, 38-44. Chand. Cr. Tr Chandler's American Criminal Trials. Chaney Chaney's Michigan Reports, vols. 37-44. Charl. Pr. Cas Charley's English Practice Oases. Charlt. B. M R. M. Charlton's Georgia Reports. Charlt. T. TJ. P T. U. P. Charlton's Georgia Reports. Chase Chase's U. S. C. C. Decisions. Chev Cheves' South Carolina Law Reports. Chev. Ch. (or Eq.) . . . Cheves' South Carolina Equity Reports. ABBEEVIATIONS OF LAW PUBLICATIONS. 363 Chip Chipman's Reports, New Brunswick. Chip. D D. CMpman's Vermont Reports. Chip. MS Reports printed from CMpman's Manuscript, New Brunswick. Chip. W N. Chipman's Vermont Reports. Chip. ^W Chipman's New Brunswick Reports. Chit, or Chitt Ohitty's English Bail Court Reports. Chr. Hep Chambers Reports, Upper Canada. Chr. Bob Christopher Robinson's English Admiralty Reports. Civ, Proo. Bep Civil Procedure Reports, New York. CI. App Clark's Appeal Cases, House of Lords. CI. Ch Clarke's Chancery Reports, New York. CI. Home Olerk Home, Scotch Session Oases. CI. & Fin. (or T.) .... Clark & Finnelly's House of Lords Cases. Ci. & Fin. N. S House of Lords Cases, by Clark. CI. & H Clarke & Hall's Contested Elections in Con- gress. Clark English House of Lords Cases, by Clark; — Clark's Reports (vol. 58 Alabama); — see also Clarke. Clark Dig Clark's Digest House of Lords Reports. Clark & Fin Clark & Finnelly's House of Lords Reports. Clark & Fin. N. S. . . . Clark's House of Lords Cases. Clarke Clarke's New York Chancery Reports; — Clarke's edition of 1-8 Iowa; — Clarkes Reports (19-22 Michigan); — Clarke's Notes of Oases, Bengal; — see also Clark. Clarke Ch Clarke's New York Chancery Reports. Clarke Not. (ox B. & O.) Clarke's Notes of Cases, in his "Rules and Orders," Bengal. Clarke & H. Elec. Cas Qarke & Hall's Oases of Contested Elections In Congress. Clayt Clayton's English Reports, York Assizes. Clem Clemens, Kansas Reports, vols. 57-.j9. Clerk Home Clerk Home's Decisions, Scotch Court of Ses- sion. Clif ClifiEord's United States Circuit Court Re- ports. Clif. (Sonth.) El. Caa.. Clifford's Southwick Election Cases. Clif. & Bick OliflEord c& Rickard's English Locus Standi Reports. Clif. & St Clifford & Stephen's English Locus Standi Reports. Clin. Dig Clinton's Digest, New York. Clk. Mag Clerks' Magazine, London; — Rhode Island Clerk's Magazine. 364 APPENDIX. C. M. & R Crompton, Meeson & Roscoe, English Ex- chequer Reports. Conr Conroy's Custodian Reports. Clow L. C. on Torts . . Clow's Leading Cases on Torts. Co Coke's English King's Bench Reports. Co. G Reports and Cases of Pi-actice in C. P. temp. Anne, Geo. I., and Geo. II., by Sir G. Coke. (Same as Cooke's Practice Re- ports). Co. Inst Coke's Institutes. Co. Litt The First Part of the Institutes of the Laws of England, or a Commentary on Littleton, by Sir Edward Ooke. Co. P. C Coke's Reports, English King's Bench. Co. PI Coke's Pleadings (sometimes published sepa- rately). Co. R. (N. Y.) Code Reporter, New York. Co. R. N. S Code Reporter, New Series. Co. Rep Coke's Reports, King's Bench. Cobb Cobb's Reports (4r-20 Georgia); Alajiama, vol. 121. Cobb. St. Tr Oobbett's (Afterwards Howell's) State Trials, Cochr Cochran's Nova Scotia Reports; Cochrane's North Dakota Reports, vols. 3-7. Cock. Tich. Ca Cockburn's Charge in the Tichborne Case. Cock. & Rowe Cockburn & Rowe's Election Oases. Cocke Cocke's Reports, vols. 10-18 Alabama; — Cocke's I^eports, vols. 14, 15 Florida. Cod Codex Justiniani. Cod. Jnr. Civ Codex Juris Civllis; Justinian's Code. Code Criminal Code of Canada, 1892. Code Civ. Pro Code of Civil Procedure. Code Cr. Pro Code of Criminal Procedure. Code Xio. Civil Code of Louisiana. Code N., or Nap Code Napoleon, French Oivil Code. Code Pro Code of Procedure. Code R. N. S Code Reports, New Series. Code Rep Xew York Code Reporter. Code Rep. N. S Xew York Code Reports, New Series. Cof. Dig Gofer's Digest, Kentucky. Co£Eey Prob. Dec Coffey's Probate Decisions. Cogh. Epit Ooghlan's Epitome of Hindu Law Cases. Coke Coke's English King's Bench Reports (Cited by parts and not by volume). Coke Inst Coke's Institutes. Coke lit Coke on Littleton. Col Colorado; — Colorado Reports; — Coldwell, Tenn.; — Coleman, Alabama Reports, 99- 118. ABBREVIATIONS OF LAW PUBLICATIONS. 365 Col. App Colorado Appeals. Col. C. C Collyer's English Oliancery Cases. Col. Cas Coleman's Oases (of Practice), New York. Col. Ij. Rep Colorado Law Reporter. Col. & Cai Coleman & Calnes' Cases, New York. Cold, (or Coldw.) . . . Coldwell's Tennessee Reports. Cole Cole's edition of Iowa Reports; — Coleman, Alabama Reports, vols. 99, 101-106, 110, 111-120, 122. Cole. Cas. Pr Coleman's Cases, New York. Coll. (or C. C.) Collyer's English Chancery Cases. Coll Oolles' Parliamentary Cases. Col. Iia-nr Review. . . . Columbia Law Review. Coll. P. C Oolles' English Parliamentary (House of Lords) Case.?. Coll. & E. Bank Collier and Eaton's American Bankruptcy Reports. Colles CJolles' English Parliamentary Cases. Colly Collyer's English Vice Chancellors' Reports. Colo Colorado Reports. Colq Colquit's Reports (1 Modern). Colt. (Reg. Ca.) Coltman's Registration Cases. CoItU Colvil's Manuscript Decisions, Scotch Court of Session. Com Comyn's Reports, English King's Bench; — Oomberbach's English King's Bench Re- ports; — Oomstock's Reports (1-4 New York Court of Appeals). Com. B Common Bench Reports (Manning, Granger, and Scott). Com. B. N. S (English) Common Bench Reports, New Se- ries. Com. Cas Commercial Cases, England. Com. Dig Comyns' Digest. Com. Jour Journals of the House of Commons. Com. Ii. R. English Common Law Reports. Com. Iiair Rep English Common Law Reports; — Common Law Reports, published by Spottiswoode. Com. PI Common Pleas, English Law Reports. Com. PI. Div Common Pleas Division, English Law Re- ports. Comb Oomberbach's English King's Bench Reports. Comp. Dec Comptroller's Decisions. Comst Oomstock's Reports (1-4 New York Court of Appeals). Comyns Comyns' English King's Bench Reports. Comyns' Dig Oomyns' Digest, English. 366 APPENDIX. Con Conover's Reports, Wisconsin; — Continua- tion of Rolle's Reports (2 Rolle); — Oon- nolly, New York Criminal. Con. Cns Conroy's Custodian Reports. Con. & Law Connor & Lawson's Irisli Chancery Reports. Cond. Ch. R. (or Eng. Ch.) Condensed English Chancery Reports. Cond. Eccl Condensed Ecclesiastical Reports. Cond. Ex. R Condensed Exchequer Reports. Cond. Rep. U. S Peter's Condensed United States Reports. Conf Conference Reports (by Cameron and Nor- wood), North Carolina. Cong. El. Cas Congressional Election Cases. Cong. Rec Congressional Record, Washington. Conn Connecticut; — Connolly, New York, Surro- gate. Conover Conover, Wisconsin Reports, vols. 16-106. Conr Conroy's Custodian Reports. Consist. Rep English Consistorial Reports, by Haggard. Const Constitutional Reports, South Carolina, by Mills; — Constitutional Reports, South Caro- lina, by I'readway; — Constitutional Re- ports, vol. 1, South Carolina, by Harper. Const. N. S Constitutional Reports (Mill), South Carolina, New Series. Const. Oth Constitutiones Othoni (found at the end of Lynewood's Provincials). Const. S. C Constitutional Reports, South Carolina, print- ed by Treadway. Const. S. C. N. S. . . South Carolina Constitutional Reports, New Series, printed by Mills. Const. IT. S Constitution of the United States. Coo. & Al Cooke & Alcock's Irish King's Bench Reports. Cook V. Adm Cook's Vice- Admiralty Reports, Nova Scotia. Cooke Cooke's Cases of Practice, English Common Pleas; — Cooke's Reports, Tennessee. Cooke Pr. Cas Cooke's Practice Reports, English Common Pleas. Cooke Pr. Reg Cooke's Practical Register of the Common Pleas. Cooke & AI. (or Ale.) Cooke & Alcock's Reports, Irish King's Bench. Cooley Cooley, Michigan Reports, vols. 5-12. Coop Cooper's Tennessee Chancery Reports; — Coop- er, vols. 21-24, Florida; — Cooper's English Chancery Reports temp. Eldon; — Cooper's English Chancery Reports temp. Cotten- ham;— Cooper's English Chancery Reports temp. Brougham. Cooper's English Prac- tice Cases, Chancery. ABBREVIATIONS OP LAW PUBLICATIONS. 367 Coop. C. C. (or Cas.) . . Cooper's Chancery Cases temp. Cottenham. Coop. C. & P. R Cooper's Chancery and Practice Reporter, Up- per Canada. Coop. Ch Cooper's Tennessee Chancery Reports. Coop. Pr. Cas Cooper's Practice Cases, English Chancery. Coop. Sel. Cas Cooper's Select Cases temp. Eldon, English Chancery. Coop. t. Br Cooper's Cases temp. Brougham. Coop. t. Cott Cooper's Cases temp. Cottenham, English Chancery. Coop. t. Eld Cooper's Cases temp. Eldon, English Chan- cery. Coop. Tenn. Ch Cooper's Tennessee Chancery Reports. C. P. Cooper 1 G. Cooper ICooper's English Chancery. Cooper J Co-op. Dig Co-operative Digest, United States Reports. Cope Cope, California Reports, vols. 63-72. Copp Min. Dec Copp's United States Mining Decisions. Copp Iiand Copp's Land Office Decisions. Copp Ii. Li Copp's Public Land Laws. Co. R. N. S Code Reporter, New Series. Cor Coram ; — Coryton's Bengal Reports. Corb. & Dam Corbett & Daniel's English Election Cases. Corp. Jur. Cam Corpus Juris Ganonici. Corp. Jnr. Civ Corpus Juris Civills. Cory Coryton's Reports, Calcutta. Con Couper's Justiciary Reports, Scotland. Coup. (or Coup. Just.) Couper's Justiciary Reports, Scotland, Court Sess. Ca Court of Sessions Cases, Scotch. Court. & Maol Courtnay & Maclean's Scotch Appeals (6 and 7 Wilson and Shaw). Cout. Dig Coutlge's Digest (Canada Sup. Ct). Co^sp Cowen's New Yorlv Reports;— Cowper's Eng- lish K. B. Reports. Cow. Cr. Rep Cowen's Criminal Reports, New lork. Cow. Cr. Dig Cowen's Criminal Digest. Cow! Dig Cowell's East India Digest. Cow! N. Y Cowen's New York Reports. Cow'p. ' Cowper's English King's Bench Reports. Cowp. Cas Cowper's Cases (in the third volume of Re- ports in Chancery). Cox Cox's English Chancery Reports; — Cox's Eng- lish Criminal Cases; — Cox's Reports (25-27 Arkansas). Cox Ami. T. M. Cas. . . Cox's American Trade-Mark Cases. Cox C. C Cox's English Criminal Cases; Cox's Crown Cases; Cox County Court Cases. 3G8 APPExmx. Cox Ct Cox's English Cliancery Cases. Cox Cr. Cas Cox's English Criminal Cases. Cox Cr. Dig Cox's Criminal Law Digest. Cox J. S. Cas Cox's Joint Stock Cases. Cox Mag. Ca Cox's Magistrate Cases. Cox Man. Tr. M Cox's Manual of Trade-Mark Cases. Cox Mc. & H Cox, McCrae & Hertslet's English County Court Reports. Cox Tr. M Cox's Manual ot Trade-Mark Cases. Cox Tr. M. Cas Cox's American Trade-Mark Cases, Cox & Atk Cox & Atkinson, English Registration Appeal Reports. Coxe Coxe's Reports, New Jersey. Cr Cranch's Reports, United States Supreme Court; — Cranch's United States Circuit Court Reports. Cr. C. C Cranch's United States Circuit Court Cases (Reports). Cr. Cas. Kes Crown Cases Reserved. Cr. M. & B Crompton, Meeson & Roscoe's English Ex- chequer Reports. Cr. Pat. Dec Cranch's Decisions on Patent Appeals. Cr. S. & F Craigie, Stewart & Baton's Scotch Appeal Cases (same as Paton). Cr. & Dix 1 Cr & Dix C C "(Crawford & Dix's Irish Circuit Court Cases. Cr. & Dix Ab. Cas. . . Crawford & Dix's (Irish) Abridged Notes of Cases. Cr. & J Crompton & Jervis. Cr. & M Crompton & Meeson's English Exchequer Re- ports. Cr. & Ph Craig & Phillips' English Chancery Reports. Crabbe (or Crab.) . . , Crabbe's United States District Court Re- ports. Craig & Ph Craig and Phillips' English Chancery Re- ports. Craig. & St Craigie, Stewart & Paton's Scotch Appeals Cases (same as Paton). Craik C. C Craik's English Causes C&16bres. Cranch Cranch's United States Supreme Court Re- ports. Cranch C. C. (or D. ^•) Cranch's U. S. Circuit Court Reports, District of Columbia. Cranch Pat. Dec Cranch's Patent Decisions. Crane Montana Reports, vol. 22. Craw. Crawford, Arkansas Reports, vols. 53-67. Craw. & D Crawford & Dix's Circuit Court Cases, Ire- land. ABBREVIATIONS OF LAW PUBLICATIONS. 369 Craw. & D. Ab. Cas. . . Crawford & Dix's Abridged Cases, Ireland. Creasy Creasy's Ceylon Reports. Cress. Ins. Cas Cresswell's English Insolvency Cases. Crim. L. Mag Criminal Law Magazine, Jersey City, N. J. Crim. Rec Criminal Recorder, Philadelphia; — Criminal Recorder, London; — Criminal Recorder (1 Wheeler's New York Criminal Reports). Crim. Ii. Rep Criminal Law Reporter. Cripp's Ch. Cas Cripp's Church and Clergy Cases. Critch Critchfield, Ohio State Reports, vols. 5-21. Cro Croke's English King's Bench Reports; — Keil- way's English King's Bench Reports. Cro. Car Croke's English King's Bench Reports temp. Charles I. (3 Cro.). Cro. Eliz Croke's English King's Bench Reports temp. Elizabeth (1 Cro.). Cro. Jao Croke's English King's Bench Reports temp. James (Jacobus) I. (2 Cro.). Crockf ord English Maritime Law Reports, published by Crockford. Cromp Star Chamber Cases, by Crompton. Cromp. Exch. R Crompton's Exchequer Reports, English. Cromp. M. & R Crompton, Meeson and Roscoe's English Ex- chequer Reports. Cromp. R. & C. Pr. . . Crompton's Rules and Cases of Practice. Cromp. & Jew Crompton & Jervis' English Exchequer Re- ports. Cromp, & Mees Crompton & Meeson's English Exchequer Re- ports. Crosw. Pat. Ca Croswell's Patent Cases. Cronnse Crounse's Reports (3 Nebraska). Crowtter Crowther's Ceylon Reports. Cmmrine Pennsylvania State Reports, vols. 116-146. Ct. App. N. Z Court of Appeals Report, New Zealand. Ct. CI Court of Claims, United States. Cum. & Dun. Rem. Tr." Cummins & Dimphy's Remarkable Trials. Cummins Cummins' Idaho Reports. Cuu. (or Cnnn.) Ounningham's English King's Bench Re- ports. Cur Curtis' United States Circuit Court Reports; — Ouria. Cur. Com Current Comment and Legal Miscellany. Cur. Dec Curtis' Decisions, United States Supreme Court. , Cur. Ov. Ca Ourwen's Overruled Cases, Ohio. Curry Curry's Report (6-19 Louisiana). Curt Curtis' United States Circuit Court Reports; — Curteis' English Ecclesiastical Reports. Beief Mak.— 24 370 APPENDIX. Curt. Adm. Dig Curtis' Admiralty Digest Cnrt. O. C Ourtls' United States Circuit Court Deci- sions. Curt. Cond Curtis' (Condensed) Decisions, United States Supreme Court. Curt. Dec. Curtis' United States Supreme Court Deci- sions. Cnrt. Dig Curtis' Digest, United States. Cnrt. Eco Ourteis' English. Ecclesiastical Reports. Curtis Curtis' United States Circuit Court Reports. Cnrw Curwen's Over. Cases; — Ourwen's Stat, Ohio. Cnrw. Ii. O Curwen's Laws of Ohio 1854, 1 vol. Cnrw. R. S Curwen's Revised Statutes of Ohio. Cnsh Cushing's Massachusetts Reports ; — Cush- man's Mississippi Reports. Cnsli. Elec. Cas Cushing's Election Cases in Massachusetts. Cnsh. Man Cushing's Manual. CnsMng Cushing's Masaehusetts Reports. Cnshm. (or Cnsh- man) Cushman (vols. 23-29), Mississippi Reports. Cnst. Rep Custer's Ecclesiastical Reports. Cyo Cyclopaedia of Law and Procedure. D J> Delaware; — Dallas' United States and Penn- sylvania Reports; — Denio's Reports, New York; — Dunlop, Bell & Murray's Reports, Scotch Session Oases (Second Series); — Di- gest of Justinian, 50 books, never been translated into English; — Disney; Divi- sional Court; Dowling, English; Dominion of Canada. D. (N. S.) Dowling's Practice Cases, New Series, Eng- lish. D. B Domesday Book. ♦ D. Chip D. Chipman's Reports, Vermont. D. G. F. & J De Gex, Fisher, & Jones' English Chancery Reports. D. G. F. & J. B De Gex, Fisher, & Jones' English Bankrupt- cy Reports. D. G De Gex; — De Gex's English Bankruptcy Re- ports. D. G. J. & S De Gex, Jones, & Smith's English Chancery Reports. D. 6. J. & S. B De Gex, Jones, & Smith's English Bankrupt- cy Reports. ABBREVIATIONS OF LAW PUBLICATIONS. 371 D. G. M. Sc G De Gex, Macnaghten, & Gordon's English Chancery Reports. D. G. M. & G. B. . . . ] De Gex, Macnaghten, & Gordon's English De G. M. & G |- Bankruptcy Reports. S. N. S Bowling's Reports, New Series, English Bail Court; — Dow, New Series (Dow & Clark, English House of Lords Oases). D. P. O Dowling's English Practice Cases. D. & B Dearsly & Bell's English Crown Cases. D. & C Dow & dark's English House of Lords (Par- liamentary) Cases. D. & Ch Deacon & Ohitty's English Bankruptcy Re- ports. D. & E. Durnf ord & East's (Term) Reports, English King's Bench. D. & J De Gex & Jones' ifingllsh Chancery Reports. D. & J. B De Gex & Jones' English Bankruptcy Re- ports. D, & li Dowling & Lowndes' English Bail Court Re- ports. D. & M Davison & Merivale's English Queen's Bench Reports. D. & F Denison & Pearce, English. D. & B Dowling & Eyland's English King's Bench Reports. B. & B. M. C Dowling & Ryland's English Magistrates' Cases. D. & B. M. F Dowling & Ryland's English Nisi Prius Cases. D. & S Drury & Smale's Chancery Reports; — Doctor and Student; — Deane and Swahey. D. & W. . • Drury & Walsh's Irish Chancery Reports; — Drury & Warren's Irish Chancery Re- ports. D. & War Drury & Warren's Reports, Irish Chancery. Dak Dakota; — Dakota Territory Reports. Dal Dallas' United States Reports; — Dalison's English Common Pleas Reports (hound with Benloe); — Dalrymple's Scotch Session Cases. Dal. Coop Dallas' Report of Cooper's Opinion on the Sentence of a Foreign Court of Admiralty. Dale Dale, Oklahoma Reports, vols. 2-^. Dale Eoc Dale's Ecclesiastical Reports, English. Dale teg. Bit jjale's Legal Ritual (Ecclesiastical) Reports. Dalison Dalison's English Common Pleas Reports (hound with Benloe). 372 APPENDIX. Dall Dallas' Pennsylvania andUnlted States Re- ports. Dall. Dec. (or Dall. Dig.) Dallam's Texas Decisions, printed originally in Dallam's Digest. Dall. in Keil Dallison in . Keilway's Reports, English King's Bench. Dall. S. C Dallas' United States Supreme Court Re- ports. Dallas Dallas' Pennsylvania and United States Re- ports. Dair Dalrymple's Decisions, Scotch Court of Ses- sion; — (Dalrymple of) Stair's Decisions, Scotch Court of Session; — (Dalrymple of) Halle's Scotch Session Cases. Dalrymple (Sir Hew) Dalrymple's Scotch Session Cases; (Sir David Dalrymple of) Haile's Scotch Session Cases; — (Sir James Dalrymple of> Stair's Scotch Session Cases: — see also Dal. Daly Daly's New York OommoH Pleas Reports. Dampier Mss Dampier's Paper Book, Lincoln's Inn Li- brary. Dan Daniell's Exchequer and Equity Reports; — Dana's Kentucky Reports; — Danner's Re- ports, (42 Alabama). Dan. & LI Danson & Lloyd's Mercantile Cases. Dana Dana's Kentucky Reports. Dane Abr Dane's Abridgment. Dann Dann's Arizona Reports; Danner's Reports (42 Alabama); Dann's California Reports. Dans. & Ii Danson & Loyd's English Mercantile Cases. Das Dasent's Bankruptcy and Insolvency Re- ports; — also Common Law Reports, vol. 3. Dass. Dig Dassler's Kansas Digest. Danph. Co. Bep Dauphin County Reporter (Penn.). DaT. Daveis' United States District Cotu^ Reports (now re-published as 2 Ware); — -Davy's or Davies Irish King's Bench and Exchequer Reports; — Davies' English Patent Cases; — Davie's Reports (Abridgment of Sir Ed. Coke's Reports); — Davis', vol. 2, Hawaiian Reports; — Davis' U. S. Supreme Court. DaT. Coke Davis' Abridgment of Coke's Reports. . Davis' Indiana Digest. . Davies' Irish Reports. • Davies' English Patent Cases. . Davison & Merivale's Reports, Queen's Bench. Dav. Dig. . Dav, Ir. . . Dav. Fat. Cas, Dav. & Mer, ABBEEVIATIONS OF LAW PUBLICATIONS. 373 Dav. Rep Davles (Sir John) Reports, K. B. Ireland. Daveis Daveis' United States District Court Reports (Ware, vol. 2). Davies Davies' (or Davis' or Davys') Irish King's Bench Reports. Davidson Vols. 'J:^-lll, North Carolina. Davis Davis' Hawaiian Reports; — Davies' (or Davys') Irish King's Bench Reports; — Da- vis' U. S. Supreme Court Reports, vols. 108- 176. Davis (J. O. B.) Davis' United States Supreme Court Re- ports. Day Day's Connecticut Reports; — Connecticut Re- ports, proper, reported by Day. Dayt. Term Rep Dayton Term Reports, Dayton, O. Dea. Deady's United States District Court Re- ports. Dea. & Chit 1 Deacon & Chitty's English Bankruptcy Re- Deac. & C J ports. Dea. & Sw Deane & Swabey's Reports, Probate and Divorce. Deac Deacon's English Bankruptcy Reports. Deady Deady's United States Circuit Court Reports. Deane Deane (& Swabey's) English Probate and Di- vorce Reports; — Deane's Reports (24r-26 Vermont). Deane Eoc. Rep Deane & Swabey's English Ecclesiastical Re- ports. Deane & Sw. Deane & Swabey's English Ecclesiastical Re- ports. Dears. C. C Dearsly's English Crown Cases. Dears. & B. C. C. . . . Dearsly & Bell's English Crown Cases. Deas & And Deas & Anderson's Reports, Scotch Court of Session. Dec. Com. Pat Decisions of the Commissioner of Patents. Dec. t. H. & M Decisions of Admiralty temp. Hay and Mar- riott Dec. O Ohio Decisions. De G. F. & J De Gex, Fisher, & Jones' English Chancery Reports. De G. F. & J. By. . . . De Gex, Fisher, & Jones' English Bankruptcy Appeals. De G. J. & S De Gfex, Jones, & Smith's English Chancery Reports. De G. J. & S. By. . . . De Gex, Jones, & Smith's English Bank- ruptcy Appeals. De G. M. & G De Gex, Macnaghten, & Gordon's English Chancery Reports. 374 APPENDIX. De G. M. & G. By. . . . De Gex, Macnaghten, & Gordon's English Bankruptcy Appeals. De G, & 3 De Gex & Jones' English Chancery Reports. De G. & J. By De Gex & Jones' English Bankruptcy Ap- peals. De G. & Sm. De Gex & Smale's English Chancery Reports. De Gex De Gex's English Bankruptcy Reports. DeL Delaware Reports ; — Delane's English Re- vision Cases. Del. Ch Delaware Chancery Reports, by Bates. Del. Co Delaware County Reports (Pa.) Del. Cr. Cas Delaware Criminal Cases, by Houston. Del. El. Cas Delane's English Election (Revision) Cases. Delehanty Miscellaneous Reports, New York. Dem. Surr Demarest's Surrogate Reports, City of New York. Den Denio's New York Reports ; — ^Denis' Reports (32 Louisiana Annual); — Denied. Den. C. C Denison's English Crown Cases. Den. & P Denison & Pearce's English Crown Oases (2 Denison). Denlo Denio's New York Reports. Denis Louisiana Reports, vols. 32-46. Dens Denslow Notes to second edition, vols. 1, 2 and 3, Michigan Reports. Des Desaussure's South Carolina Equity Re- ports. Desans. Eq Desaussure's South Carolina Equity Reports. Dest. Cal. Dig Desty's California Digest. Dev Devereux's North Carolina Law Reports ; Devereux's Reports United States Court of Claims. Dev. C. C Devereux's Reports, United States Court of Claims. Dev. Eq Devereux's North Carolina Equity. Dev. Ii Devereux's North Carolina Law Reports. Dev. & Bat Devereux & Battle's North Carolina Law Re- ports. Dev. & Bat. Eq Devereux & Battle's North Carolina Equity Reports. Dew Dewey, Kansas Reports, vols. 60-61 and Court of Appeals. De'Witt DeWitt Ohio State Reports, vols. 24-42. Di. (or Dy.) Dyer's English Reports, King's Bench. Dice Dice Indiana Reports, vols. 79-91. Dick. Dickens' English Chancery Reports ; Dick- inson, vols. 46-58, New Jersey Equity Re- ports. ABBREVIATIONS OF LAW PUBLICATIONS. 375 Dill, (or Dil.) Dillon's United States Circuit Court Reports. Dirl Dlrleton's Decisions, Court of Session. Disn. (or Dis.) Disney's Superior Court Reports (Cincinnati). Dist. Rep District Reports. Dod. (or Dods.) Dodson's English Admiralty Reports. Dom. Boob Domesday Book. Dom. Proc Domus Procerum. In the House of Lords. Domes Domesday Book. Donaker Indiana Reports, vol. 154. Donn Donnelly's Reports, English Chancery ; — Don- nelly's Irish Land Cases. Dor. Q. B. (or Do- rion) Dorion's Quebec Queen's Bench Reports ; — (Dec. de la Cour D'Appel). Dong. Douglas' Michigan Reports ; — Douglas' Eng- lish King's Bench Reports ; — Douglas' Eng- lish Election Cases. Dong. EI. Ca Douglas' English Election Cases. Dong. (Mich.) Douglas' Law Reports, Michigan. Dow (or Dow P. C.) . . Dow's House of Lords (Parliamentary) Cases, same as Dow's Reports ; — Dowling's Eng- lish Practice Cases. Dow & O Dow & Clark's English House of Lords Cases. Dow. & Ij Dowling & Lowndes' English Bail Ctourt Re- ports. Dow. & By Dowling & Ryland's English King's Bench Reports; Dowling & Ryland's English Nisi Prius Cases. Dow. & Ry. M. C. . . . Dowling & Ryland's English Magistrate's Cases. Dow. & Ry. N. P. . . . . Dowling & Ryland's English Nisi Prius Cases. (Often bound at end of vol. 1, Dowl. & Ryl. K. B. Rep.). Dow N. S Dow & Clark's English House of Lords Cases. Dow P. C Dow's Parliamentary Cases. Dowl. (or Dowl. P. C.) Dowling's English Bail Court (Practice) Cases. Dowl. N. S Dowling's English Bail Court Reports ; New Series. Dowl. Pr. C. N. S. . . . Dowling's Reports, New Series, English Prac- tice Cases. Dowl. & liownd. .... Dowling & Lowndes' English Practice Cases. Dowl. & Ryl Dowling & Ryland's English King's Bench Reports. Dowl. & Ryl. M. C. . . Dowling & Ryland's English Magistrate's Cases. 376 APPENDIX. Dowl. & RyL N. P. . . Dowllng & Ryland's English Nisi Prius Down. & Lud Downton & Luder's English Election Cases. Dr Drewry's English Vice Chancellor's Reports ; — Drury's Irish Chancery Reports temp. Sugden; Drury's Irish Chancery Reports temp. Napier. Dr. & Sm Drewry & Smale's English Vice Chancellor's Reports. Dr. & Wal Drury & Walsh's Irish Chancery Reports. Dr. & War Drury & Warren's Irish Chancery Reports. Draper Draper's Upper Canada King's Bench Re- ports (Ontario.) Drew. Drewry's English Vice Chancellor's Reports ; — Drewry's Reports (13 Florida). Drew. & Sm Drewry & Smale's English Vice Chancellor's Reports. Driiik Drinkwater's English Common Pleas Re- ports. Drn. Drury's Irish Chancery Reports temp. Sug- den. '' ' ' °'^ (-Drury's Irish Chancery Reports temp. Napier. Drury t. Sng 1 Drury's Irish Chancery Reports tem^. Sug- Dr. R. t. Sng j den. Dru. & Wal Drury & Walsh's Irish Chancery Reports. Drn. & War Drury & Warren's Irish Chancery Reports. Dnb Dubitatur ; — Dubitante. Dnb. Rev Dublin Review, Dublin, Ir. Dnd. (Ga.) Dudley's Georgia Reports. Dnd. Ch. (or Eq.) .... Dudley's South Carolina Equity Reports. Dnd. li. (or S. C.) . . . Dudley's South Carolina Law Reports. ' Dner Duer's New York Superior Court Reports. Dnn Duncan (see Dune.) ; — Dunlap (see Dunl.) Dnn. & Cnm Dunphy & Cummins' Remarkable Trials. Dnnc. Ent. Cas Duncan's Scotch Entail Cases. Dnnc. N. P Duncombe's Nisi Prius. Dnnl. Abr Dunlap's Abridgment of Coke's Reports. Dnnlop (Dnnl. B. & M.) Dunlop, Bell & Murray's Reports, Second Series, Scotch Session Cases. Dnnn. Dunnlng's English King's Bench Reports. Dnrf Durfee's Reports (12 Rhode Island). Dnrie Durie's Scottish Court of Session Cases. Dnrn. & E Dumf ord & East's English King's Bench Re- ports (Term Reports). Dntch Dutcher's New Jersey Reports, ABBREVIATIONS OF LAW PUBLICATIONS. 377 DuT Duvall's Kentucky Reports; — Duval, Canada Supreme Oourt. Dy. Dyer's English King's BenctL Reports. E E. East's Reports. E, & A Upper Canada Error and Appeal Reports. E. B. & E Ellis, Blackburn & Ellis' English Queen's Bench Reports. E. B. & S (Ellis) Best & Smith's English Queen's Bench Reports. E, C English Cases; — English Chancery; English Chancery Reports; — Election Cases (On- tario). E. C. Ii English Common Law Reports. E. D. C Eastern District Oourt, South Africa. E. D. S E. D. Smith's New York Common Pleas Re- ports. E. E English Exchequer Reports. E. E. B, English Ecclesiastical Reports. E. L. & Eq English Law and Equity Reports. E. P. C East's Pleas of the Crown. E. R East's King's Bench Reports; — ^Election Re- ports. E. B. C English Ruling Cases. E. & A Ecclesiastical and Admiralty; — Error and Appeal; — Spink's Ecclesiastical and Ad- miralty Reports. E. & A. B. Error and Appeal Reports, Ontario. E. & A. W. C Grant's Error and Appeal Reports, Ontario. E. & B Ellis & Blackburn's Queen's Bench Reports. E. & E Ellis & Ellis' English Queen's Bench Re- ports. E. & I English and Irish Appeals. House of Lords. E. & Y Eagle & Younge's English Tithe Cases. Ea East's English King's Bench Reports. Eag. & Yo Eagle & Younge's English Tithe Oases. East East's King's Bench Reports; — East's Notes of Cases in Morley's Indian Digest; — East- em Reporter. East N. of C Bast's Notes of Oases (in Morley's East In- dian Digest). East Bl. Cr Easf s Pleas of the Crown. East. Rep Eastern Reporter. Ebersole Iowa Reports, vols. 59-80. Eccl. & Ad Ecclesiastical and Admiralty; — Spink's Ec- clesiastical and Admiralty Reports. 378 APPENDIX. Eccl. B English Ecclesiastical Reports. Eccl. Stat Ecclesiastical Statutes. Ed Eden's English Chancery Eeport Ed. Bro Eden's edition of Brown's English Chancery Keports. Ed. Cr Edward's New York Chancery Reports. Ed. & Ord Edits and Ordonnances. (Lower Canada.) -Eden Eden's English Chancery Reports. Edg Edgar's Reports, Court of Session, Scotland. Edict Edicts of Justinian. Edm. Sel. Cas Edmond's New York Select Cases. Edw Edwards' New York Chancery Reports; — Ed- wards' English Admiralty Reports; — Ed- wards' Reports (2, 3 Missouri). Edw. Abr Edwards' Abridgment of Prerogative Court Cases. Edw. Adm Edwards' English Admiralty Reports Edw. Ch Edwards' New York Chancery Reports. Edw. Iiead. Dec .... Edwards' Leading Decisions in Admiralty (Edwards' Admiralty Reports).^ Edw. Pr. Caa Edwards' Prize Cases (English Admiralty Reports). Edw. Pr. Ct. Cas Edwards' Abridgment of Prerogative Court Cases. Edw. (Xho.) Edwards' English Admiralty Reports. Efird South Carolina Reports, vols. 45-56. El Queen Elizabeth; — Elchies' Decisions, Scotch Court of Session. E. Ii. & Eq English Law and Equity. El. B. & E Ellis, Blackburn, & Ellis' English Queen's Bench Reports. El. Cas Election Cases. El. Diet Elchies' Dictionary of Decisions, Court of Session, Scotland. El. & Bl. Ellis & Blackburn's English Queen's Bench Reports. El. & El Ellis & Ellis' English Queen's Bench Re- ports. Elchies' Diet Elchies' (Dictionary of) Decisions, Scotch Court of Session. Elee. Cas. N. Y New York Election Cases (Armstrong's). EU. Bl. & EU Ellis, Blackburn, & Ellis' English Queen's Bench Reports. Ell. Dig EUer's Digest, Minnesota. Elliott, App. Proc . . . Elliott's Appellate Procedure. EIL & BL Ellis & Blackburn's English Queen's Bench Reports. EIL & EU. Ellis & Ellis' English Queen's Bench Re- ports. ABBREVIATIONS OF LAW PUBLICATIONS. 379 Elm. Dig Elmer's Digest, New Jersey. Els. W. Bl Elsley's edition of Wm. Blackstone's Englisli K. B. Reports. Enc. Forms Encyclopaedia of Forms. Enc. PL & Pr Encyclopaedia Pleading and Practice. Ency. Iiaw American and English Encyclopsedia of Law. Eng English; — English's Reports (6-13 Arkansas); — English Reports by N. O. Moak. Eng, Ad English Admiralty; — English Admiralty Re- ports. Eng. C. C. (or Cr. Cas.) English Crown Cases. Eng. Ch English Chancery; — English Chancery Re- ports. Eng. C. L English Common Law Reports. Eng. Eccl English Ecclesiastical Reports. Eng. Exch English Exchequer Reports. Eng. Ir. App Law Reports, English and Irish Appeal Cases. Eng, Judg Scotch Court of Session Cases, decided by the English Judges. Eng, L. & Eq English Law and Equity Reports. Eng. B. & C. Cas, . . . English Railway and Canal Oases. Eng. Rep Moak's English Reports;— English Reports (6-13 Arkansas); — English Reports. Eng. Bepj R. (or Re.) English Reports, Full Reprint Eng. Rn. Ca. English Ruling Oases. Eng. Ry. & C. Cas. . . English Railway and Canal Oases. Eng. So. Ecc English and Scotch Ecclesiastical Reports. Eng. & Ir. App Law Reports, English and Irish Appeal Cases. Euglisli English's Reports (6-13 Arkansas). Ent Coke's Entries; — Rastell's Entries. Entries, Ancient .... Rastell's Entries (cited in Rolle Abri). Eq. Cas Equity Cases in 9 Modem Reports. Eq. Cas. Abr Eqm-ty Cases Abridged (English). Eq, Jndg Equity Judgments (by A'Beckett) New South Wales. Eq. Rep Equity Reports; — Gilbert's Equity Reports; — Harper's South Carolina Equity Reports; — The Equity Reports, published by Spot- tiswoode. Err. & App. Error and Appeals Reports, Upper Canada. Ersb. Dec Erskin's U. S. Circuit Court, etc, Decisions, in vol. 35 Georgia Reports. Ersk. Inst Erskine's Institutes. Esp Espinasse's English Nisi Prius Reports. 380 APPENDIX. Ev. Tr. Evans' Trial. Ewell I<. C Swell's Leading Cases on Infancy, etc. Ex. C. B. Exchequer Court of Canada Reports. Ex. D. (or Ex. Div.). . Exchequer Division, English Law Reports. Ezch Exchequer; — Exchequer Reports (Welsby, Hurlstone, & Gordon); — English Law Re- ports, Exchequer; — English Exchequer Re- ports. Exch. Can Exchequer Reports, Canada. Exch. Cas Exchequer Cases (Legacy Duties, etc.), Scot- land. Exch. Div Exchequer Division, English Law Reports. Exch. Bep Exchequer Reports. Eyre Eyre's Reports, English. F F Federal Reporter; — Fitzherbert's Abridg- ment. F, Abr Fitzherbert's abridgment is commonly refer- red to by the other law writers by the title and number of the placita only, e. g. "coron, 30." F. B. C Ponblanque's Bankruptcy Cases. F. B. B Full Bench Rulings, Bengal. F. B. B. N. W. P. . . . Pull Bench Rulings, Northwest Provinces, India. F. C Federal Cases. F. N. B Fitzherbert's Natura Brevlum. F. B. Federal Reporter. F. & F Foster & Finlayson's English Nisi Prius Re- ports. F. & Fitz Falconer & Fitzherbert's English Election Cases. F. & J. Baiih.De Gez.. Fisher & Jones' English Bankruptcy Re- ports. F. & S Fox and Smith's Irish King's Bench Reports. Fairfield Fairfield's Reports (10-12 Maine). Falc Falconer Scotch Court of Session Cases. Falc. & Fitz Falconer & Fitzherbert's English Election Cases. Fam. Cas. Cir. Ev. . . . Famous Cases of Circumstantial Evidence, by Phillips. Far. (or Farr.) Farresley (see Farresley). Fairesley Farresley's Reports (7 Modern Reports); — Farresley's Oases in Holf s King's Bench Reports. Fed. Ca Federal Cases. ABBREVIATIONS OF LAW PUBLICATIONS. 381 Fed. Rep Federal Reporter. Fent. Imp. Jndg Fenton's Important Judgments, New Zeal- and. Fent. N. Z Fent'a New Zealand Reports. Ferg. Cons Fergusson's (Scotch) Oonsistorial Reports. Fergusson (Fergusson of) Kilgerran's Scotch Session Cases. Ff Pandectse (Juris Oivilis). Fin Finch's English Chancery Reports; — Finla- son (see Finl.). Finch English Chancery Reports temp. Finch. Finch Ins. Dig Finch's Insurance Digest. Finch Ij. C Finch's Land Cases. Finl. Ii. C Finlason's Leading Cases on Pleading. Finl. Rep Finlason's Report of the Gurney Case. First pt. Edw. III. . . Part II of the Year Books. First pt. H. VI Part VII of the Year Books. Fish Fisher's U. S. Patent Cases; — Fisher's U. S. Prize Cases. Fish. Cas Fisher's Cases, United States District Courts. —jV t>*i.' a t Fisher's United States Patent Cases. Fish. Fat. Cas j Fish. Pat. Rep Fisher's United States Patent Reports. Fish. Prize } Fish. Pr. Cas <• Fisher's United States Prize Cases. Fitz Fitzherbert's Abridgment, (see F.). Fitzg Fitzgihbon's English King's Bench Reports. Fitzh. N. B Fitzherbert's New Natura Brevlxmi. n Fleta;— Flanders (see Fland.). Fl. Sc K. (or Fl. & Kel.) .Flanagan & Kelly's Irish Rolls Court Re- ports. Fla Florida; — Florida Reports. Flan. & Kel Flanagan & Kelly's Irish Rolls Court Re- ports. Flip Flippin's United States Circuit Court Re- ports. Flor Florida; — Florida Reports. Fogg. Fogg, New Hampshire Reports, vols. 32-37. Fol. P. Ii. Cas Foley's Poor Law Cases. Fonbl. R Fonblanque's English Cases (or New Re- ports) in Bankruptcy. For Forrest's Exchequer Reports; — Forrester's Chancery Reports (Cases temp. Talbot). For. Cas. & Op Forsyth's Cases and Opinions. For. de Land . Fortescue's de Laudibus Legum Angllae. Forb Forbes' Decisions in the Scotch Court of Ses- sion. 382 APPENDIX. Forman Forman's Reports, Illinola. Forr Forrest's English Ecschequer R^orts; — For- rester's English Chancery Cases (common- ly cited, Cases temp. Talbot). Forrest Forrest's Reports, English Exchequer. FoTS. Cas. & Op Forsyth's Cases and Opinions on Constitu- tional Law. Fort Fortesque's English King's Bench, etc., Re- ports. Fornm Forum (periodical), Baltimore and New York. Fost. Foster's English Crown Law or Crown Cas- es; — Foster's N. H. Reports; — Foster's Le- gal Chronicle Reports, Pennsylvania; Fos- ter, Hawaiian Reports, vols. 5, 6 and 8. Fost. & Fin Foster & Finlason's English Nisi Prius Re- ports. Foster Foster's English Crown Law; — Legal Chron- icle Reports (Pa.), edited by Foster; — Fos- ter's N. H. Reports. •*'"''™t Fountainhall's Decisions, Scotch Court of Session. Fowl. L. Cas Fowler's Leading Cases on Collieries. ^"^ Fox's Reports, English. Fox Reg. Ca, Fox's Registration Cases. Fox & Sm Pox & Smith's Irish King's Bench Reports. ^' Freeman's English King's Bench and Chan- cery Reports; Fragment. ^'* ^^ Freeman's English Chancery Reports; — Free- man's Mississippi Chancery Reports. Fr. E. C Fraser's Election Cases. Franc. Jndg Francillon's Judgments, County Courts. ^'B.iioe France's Reports (3-11 Colorado). Fras. Elec. Cas Fraser's English Election Cases. Fraser Eraser's English Cases of Controverted Elec- tions. Fraz. (or Fraz, ■*^^^-) Frazer's Admiralty Cases, etc., Scotland. ^'** Freeman's English King's Bench Reports (1 Free., King's Bench Reports; — 2 Free., Chancery Reports); — see also Freem. Free. Ch Freeman's English Chancery Reports; — Freeman's Mississippi Chancery Reports. Freem. C. C Freeman's English Chancery Cases. Freem. (111.) Freeman's Reports (Illinois). Freem. K. B Freeman's English King's Bench Reports. Fries Tr ^rial gf John Fries (Treason). ^"^'^ Opinion Attorneys-General, pt. 2, vol. 21. Full B. R p^U Bench Rulings, Bengal (or Northwestern Provinces). ABBREVIATIONS OF LAW PUBLICATIONS. 383 Fnller Vols. 59-105, Michigan Reports, vols. 59-105. Fulton Fulton's Reports, Bengal. G G Gale's English Exchequer Reports. G. Gr G. Greene's Iowa Reports. G. M. Dudl G. M. Dudley's Georgia Reports. G. O General Orders, Court of Chancery (Onta- rio). G. & D Gale & Davidson's English Queen's Bench Reports. G. & G Goldsmith & Gutrie, Missouri. G. & J Gill & Johnson's Maryland Reports; — Glyn & Jameson's English' Bankruptcy Reports. G. & T Gould & Tucker's Notes on Revised Statutes of United States. Ga Georgia;— Georgia Reports. Ga. Dec Georgia Decisions. Ga. Supp Lester's Supplement (33 Georgia). Galbraith Galbraith's Florida Reports, vols. 9-12. Galb. & M .• Galbraith & Meek's Reports (12 Florida). Gale Gale's English Exchequer Reports. Gale & Dav Gale & Davison's Queen's Bench. Gall, (or Gal.) Gallison's Reports, United States Circuit Courts. Gall. Cr. Cas Gallick Reports (French Criminal Cases). Gamb. & Barl Gamble & Barlow's Digest, Irish. Gantt. Dig Gantt's Digest Statutes, Arkansas. Gard. N. Y. Rept. . . . Gardenier's Nevr York Reporter. GardenMre Gardenhire's Reports (14, 15 Missouri). Gardn. P. C Gardner Peerage Case, reported by Le Mar- chant. Gaspar Caspar's Small Cause Court Reports, Bengal. Gayarre . ■ Gayarrfi's Reports (25-28 Louisiana Annual). Gaz. Bank Gazette of Bankruptcy, London. Gaz. Dig Gazzam's Digest of Bankruptcy Decisions. G. Coop G. Cooper's English Chancery. Gaz. & B. C. Rep Gazette & Bankrupt Court Reporter, New York. Geld. & M Nova Scotia Reports (Russell & Geldert). Geldert . '. Geldert & Maddock (vol. 6 Maddock's Re- ports). Geld. & Ox Nova Scotia Decisions, by Geldert & Oxley. Geld. & R Geldert & Russell, Nova Scotia. Gen. Abr. Cas. Eq. . . . General Abridgment of Cases in Equity (Eq- uity Cases Abridged). 384 APPENDIX. Gen. Dig General Digest American and English Re- ports. Gen. Ord General Orders. (Ontario Court; of Olian- cery.) Gem. Ord. Ch. General Orders of the High Oourt of Chan- cery. Geo Georgia; — Georgia Reports; — King George (as 13 Geo. II). Geo. Coop George Cooper's English Chancery Cases. time of Eldon. Geo. Deo Georgia Decisions. Geo. Dig George's Digest, Mississippi. George George's Reports (30-39 Mississippi). Gib. Dec Gibson's Scottish Decisions. Gibbs Gibbs' Reports (2-4 Michigan). Gibbs' Jud. Chr Gibbs' Judicial Chronicle. Gibson (Gibsoa of) Durie's Decisions, Scotch Court of Session. Gif. (or Giff.) GifCard's English Vlce-Ohancellors' Reports. Giff. & H Giffard and Hemming's Reports, English Chancety. Gil Gilman's Reports (6-10 Illinois) ; — Gilmer's Virginia Reports; — Gilbert's English Chan- eery Reports; — Gilbert's English Cases in Law and Equity. Gif. & Fal Gilmour & Falconer's Scotch Session Cases. Gilb Gilbert's Reports, English Chancery. Gilb. Cas Gilbert's English Cases in Law and Equity. Gilb. Ch Gilbert's English Chancery Reports. Gilb. Eq Gilbert's English Equity or C!hancery Re- ports. Gilb. Rep Gilbert's English Chancery Reports. Gild Gildersleeve's Reports (1-8 New Mexico). GilfiUan GiJfillan's edition of Minnesota Reports. Gill Gill's Maryland Reports. Gill. Pol. Hep Gill's Police Court Reports, Boston, Massa- chusetts. Gill. & Jobns Gill & Johnson's Maryland Reports. Gilm Gilman's Reports (6-10 Illinois) ; — Gilmer's Reports, Virginia; — Gilmour's Reports, Scotch Court of Session. Gilm. Dig Gilman's Digest, Illinois and Indiana. Gilm. & Falc Gilmour & Falconer's Reports, Scotch Oourt of Session. Gilp Gilpin's United States District Court Re- ports. Gilp. Opin Gilpin's Opinions of the United States Attor- neys-General. ABBREVIATIONS OF LAW PUBLICATIONS. 385 GI. & J Glyu & Jameson's English. Bankruptcy Re- ports. Glanv Glanville de Legibus. GlanT. El. Cas Glanville's Bnglisli Election Oases. Glas. (or Glasc). . . . Glascock's Eeports in all the Courts of Ire- land. Glenn Glenn's Reports (16-18 Ijouisiana Annual). Glyn & Jam Glyn & Jameson's Reports, English Bank- ruptcy. Godb Godbolt's English King's Bench Reports. Goeb. (or Go.) Goebel's Probate Court Cases. Gold, (op Goldes.) . . . Goldesborough's or Gouldsborough's English ii. B. Reports. Gold. & G Goldsmith & Guthrie, vols. 36-67 Missouri Appeals. Good. Pat Goodeve's Abstract of Patent, Cases. Good. & Wood Full Bench Rulings, Bengal, edited by Good- eve & Woodman. Gordon Colorado Reports, vols. 24-26 and CJolorado Appeals, vols. 10-13. Gosf Gosford's Manuscript Reports, Scotch Court of Session. Gonld Gouldsborough's English King's Bench Re- ports. Gould & T Gould & Tucker's Notes on Revised Stat- utes of United States. Gow (or Gow N. P.) . . Gow's English Nisi Prius Oases. Gp Grant's Cases, Pennsylvania ; — Green's New Jersey Reports; — Greenleaf's Maine Re- ports; — Grant's Cases, Canada; — Grant's Chancery Reports (Ontario). Gt. Ca Grant's Cases. Gr. Eq. (or Ch.) (H. W.) Green's New Jersey Equity Reports; — Gresley's Equity Evidence. Gra. Grant (see Grant); Graham, Georgia Re- ports, vols. 98-107. Granger Granger, Ohio State Reports, vols. 22-23. Grant Grant's Upper Canada Chancery Reports; — Grant's Pennsylvania Cases; — (Grant of) Blchies' Scotch Session Cases; — Grant's Ja- maica Reports. Grant Cas Grant's Pennsylvania Cases. Grant Ch Grant's Upper Canada Chancery Reports. Grant E. & A Grant's Error and Appeal Reports, Ontario. Grant, Jamaica .... Grant's Jamaica Reports. Grant Pa Grant's Pennsylvania Cases. Grant V. C Grant's Upper Canada Chancery Reports. Grat. (or Gratt.) .... Grattan's Virginia Reports. Bbief Mak.— 25 386 APPENDIX. Gray Gray's Massachusetts Reporrs; — Gray, North. Carolina. Vols. 112-122. Green Green's New Jersey Law or Equity Reports; — Green's Reports (11-17 Rhode Island); — G. Greene's Iowa Reports; — Greenleaf's Re- ports, first 9 vols, of Maine Reports; — Green, vol. 1 Oklahoma Reports. Green (C. E.) C. E. Green's Chancery Reports, New Jer- sey. Green Ch H. H. Green's New Jersey Chancery Reports, (vols. 2-4 N. J. Bq.). Green Cr. L. Bep. . . . Green's Criminal Law Reports. Greene G Greene's Iowa Reports. Green L. (or N. J.) . . J. S. Green's Law Reports (13-15 New Jersey Law). Green. Ot. Cas Greenleaf's Overruled Oases. Green Sc. Tr Green's Scottish Trials for Treason. Greene G. Greene's Iowa Reports; — C. B. Green's N. J. Equity Reports (16-27 N. J. Eq.):— Greene, vol. 7, New York Annotated Cases. Greenl Greenleaf's Reports (1-9 Maine). Greenl, Ov. Cas Greenleaf's Overruled Cases. Gren Grener's Ceylon Reports. Grif . Ii. Beg GrifBth's Law Register, Burlington, N. J. Grif . P. B. Cas Griffith's English Poor Rate Cases. Griffith Vols. 1-5 Indiana Appeals, and vols. 117-132 Indiana Reports. Grisw Griswold, Ohio Reports, vols. 14-19. Gro Grotius, De Jure Belli et Pacis. Gnndry Gundry Manuscript, Lincoln's Inn Library. Guthrie Missouri Appeals Reports, vols. 33-83. Guth. Sh. Cas Guthrie's Sheriff Court Cases, Scotland. Gwil. Ti. Cas Gwillim's Tithe Oases. H H. Howard's United States Supreme Court Re- ports; — Hill's New York Reports. H. BI Henry Blackstone's English Common Pleas Reports. H. C. B. High Court Reports, India. H. C. B. N. W. P. . . . High Court Reports, Northwest Provinces, India. H. E. C Hodgin's Election Cases (Ontario). H. L. (or H. L. Cas.). . House of Lords' Cases. H. Ii. Bep English House of Ix)rds' Reports. H. P. C Hale's Pleas of the Grown; Hawkln's Pleas of the Crown. ABBREVIATIONS OF LAW PtTBLICATlONS. 387 H. W. Gr H. W. Green's New Jersey Equity Reports. H. & B Hudson & Brooke's Irish King's Bench Re- ports. H. Sc C Hurlstone & Coltman's English Exchequer Reports. H. & D Lalor's Suppiemeut to Hill & Denio's New York Reports. H. & G Harris & Gill's Maryland Reports; Hurlstone & Gordon. H. & H Horn & Hurlstone's English Exchequer Re- ports; — Harrison & Hoflgin's Municipal Reports, Upper Canada. H. Sc J Harris & Johnson's Maryland Reports; — Hayes & Jones' Exchequer Reports, Ire- land. H. & M Heuing & Munford's Virginia Reports; — Hemming & Miller's English Vice-Chancel- lors' Reports. H. & M. Ch Hemming & Miller's Chancery Reports, Eng- lish. H. & McH Harris & McHenry's Maryland Reports. H. & N Hurlstone & Norman's English Exchequer Reports. H. & P Hopwood & Philbrick's English Election Cases. H. & B Harrison & Rutherford's English Common Pleas Reports. H. & S Harris & Simrall, Mississippi. ' H. & T Hall & Twell's English Chancery Reports. H. & T. Self-Def Horrigan & Thompson's Cases on the Law of Self-Defense. H. & 'W Harrison & Wollaston's English King's Bench Reports ; — Hurlstone & Walmsley's English Exchequer Reports. Ha. Hare's Chancery Reports ; Hall ; Haggard. Ha. & Tw Hall & Twell's English Chancery Reports. Had. Haddington ; Ha'dley N. H. Reports. Haddington Haddington's Manuscript Reports, Scotch Court of Session. Hadley (or Hadl.) . . . Hadley, New Hampshire Reports, vols. 45-48. Hag. (or Hagg.) Adm.. Haggard's English Admiralty Reports. Hag. (or Hagg.) Con. Haggard's English Consistory Reports. Hag. (or Hagg.) Bee. . Haggard's English Ecclesiastical Reports. Hagan Hagan's Utah Reports. Vols. 1-2. Hagans Hagans' Reports (1-5 West Virginia). Hagn. & Mill Hagner & Miller's Reports (2 Maryland Chan- cery). Hailes Hailes' Decisions, Scotch Court of Session. 388 APPENDIX, HaL Iiaw Halsted's New Jersey Law ReportB. Hale. Min. Cas. Halcomb's Mining Cases, London, 1826. Hale Hale's Reports (33-37 California). Hale Prec Hale's Precedents in (Ecclesiastical) Criminal Cases. Hale P. C Hale's Pleas of the Crown. Hale Ecc Hale's Ecclesiastical Reports, Engllsti. Hale C. li Hale's History of the Common Law. Halk. Comp Halkerston's Compendium of Scotch Faculty Decisions. Hall Hall's New York Superior Court Reports ; — Hall's Reports (56, 57 New Hampshire); Hallett (1 and 2 Colorado). Hall & Tw Hall & Twell's Reports, English Chancery. Hallett Halletfs Reports (1, 2 Colorad<^. Hals Halsted's New Jersey Law Reports. Hals. Ch. (or Eq..) . . . Halsted's New Jersey Equity Reports. Ham. A. & O Hammerton, Allen & Otter, English Magis- trates' Cases. Vol. 3 New Sessions Cases. Ham. Hammond's Nisi Prius ; Hammond's Reports, vols. 1-9 Ohio Reports. Hamilton (Hamilton of) Haddington's Manuscript Cases, Scotch Court of Session ; Hamilton, American Negligence Cases. Hamlin Maine Reports, vols. 81-93. Hammond Hammond's Reports (1-9 Ohio) ; — Hammond's Reports (36-^5 Georgia). Hammond & Jackson.. Hammond & Jackson's Reports (45 Georgia). Han Haunay's Reports, New Brunswick. Hand Hand, New York Reports, vols. 40-4& ; — Handy's Ohio Reports. Handy (or Han.) .... Handy's Ohio Reports. Hanes Hane's English Chancery. Hanmer Lord Kenyon's Notes (English King's Bench Reports), edited by Hanmer. Han. (N. B.) Hannay's New Brunswick Reports, (vols. 12, 13). Hann Hannay's New Brunswick Reports, (vols. 12, 13). Hansb Hansbrough, Virginia Reports, vols. 76-90. Har Harmonized ; — Harrison (see Harr.) ; Har- rington's Chancery Reports, Michigan, Har. (Del.) Harrington's Delaware Reports (1-5). Har. St. Tr Hargrave's State Trials. Har. & Gill Harris & Gill's Maryland Reports. Har. & Jolin. Harris & Johnson's Maryland Reports. Har. & McH Harris & M'Henry's Maryland Reports. Har. & Bath Harrison & Rutherford's English Common Pleas Reports. ABBREVIATIONS OF LAW PUBLICATIONS. 389 Har. ft Won Harrison & Wollaston's English King's Bench Reports. Hare Harcarse's Decisions, Scotch Court of Ses- sion. Hard, (or Hardin) . . . Hardin's Kentucky Reports. Hard, (or Hardres) . . Hardres' English Exchequer Reports. Hardes Hardesty. Delaware Term Reports. Hardw Cases temp. Hardwicke, by Ridgway ; — Cases temp. Hardwicke, by Lee. Hare Hare's English Vice-Chancellors' Reports. Hare & Wal. Ii. C. . . . American Leading Cases, edited by Hare & Wallace. Harg Hargrave's State Trials ; — Hargrove, North Carolina Reports, vols. 68-75. Harg. St. Tp Hargrave's State Trials. Hargrove Hargrove, North Carolina Reports, vols. 68- 75. Harm Harmon's Reports (13-15 California) ; — Har- mon's Upper Canada Common Pleas Re- ports. Harp Harper's South Carolina Law Reports. Harp. Con. Cas Harper's Conspiracy Cases, Maryland. Harp. Eq Harper's Equity Reports, South Carolina. Harp. Ii. (or S. C.) . . . Harper's South Carolina Law Reports. Harr Harrison's Reports, New Jersey ; Harring- ton's Reports, Delaware ; — Harrington's Chancery Reports, Michigan ; — Harris' Re- ports (13-24 Pennsylvania State) ; — Harri- son's Reports (15-17 and 23-29 Indiana). Harr. Con. I. B Irish Common Law Reports. I. C. B. Irish Chancery Reports; — Irish Circuit Re- ports. I. £. B Irish Equity Reports. I. J. Cas Irvine's Justiciary Cases, Scotland. I. B Irish Reports. I. B. C. L Irish Reports, Common Law Series. I. B. Eq Irish Reports, Equity Series. I. B. B International Revenue Record, New York aty. I. T. B. Irish Term Reports, by Rldgway, Lapp & Schoales. la. Iowa Reports. Ida. Idaho. Idaho Idaho Reports. Iddings T. B. D Iddings Dayton Term Reports. lU Illinois. lU. App Illinois Appeal Reports. Imp. Fed Imperial Federation (London). Ind Indiana; — India; — (East) Indian. Ind. App Law Reports, Indian Appeals; — Indiana Ap- peals. Ind. App. Snpp Supplemental Indian Appeals, Law Reports. Ind. Jnp Indian Jurist, Calcutta; — Indian Jurist, Mad- ras. ABBREVIATIONS OF LAW PUBMOATIONS. 395 Ind. Ii. R (East) Indian Law Reports. Ind. L. R. Alia Indian Law Reports, Allahabad. Ind. Ii. R. Bomb Indian Law Reports, Bombay Series. Ind. Ij. R. Calo Indian Law Reports, Calcutta Series. Ind. Ii. R. Mad Indian Law Reports, Madras Series. Ind. Rep Indiana Reports; — Index Reporter. Ind. Super Indiana Superior Court Reports (Wilson's). Ind. T Indian Territory. Ing. Ves Ingraham's edition of Vesey, Jun. 1, 2, Inst (1, 2) Coke's Inst. Inst., 1, 2, 3 Justinian's Inst. lib. 1, tit. 2, sec. 3. Inst., I, 2, 31 Justinian's Institutes, lib. 1, tit. 2, sec. 31. The Institutes of Justinian are divided into four books, — each book is divided into titles, and each title into paragraphs, of which the first, described by the letters pr., or princip., is not numbered. The old method of citing the Institutes was to give the com- mencing words of the paragraph and of the title; e. g., § si adversus, Inst, de Nuptiis. Sometimes the number of the paragraph was introduced, e. g., § 12, si adversus, Inst, de Nuptiis. The modern way is to give the number of the book, title, and paragraph, thus; — Inst. I. 10, 12; would be read, Inst., Lib. I. tit. 10, § 12. Int. Case .. . . ; Rowe's Interesting Cases (English and Irish). Int. Private I Law Reports, British Burmah. . English Law Reports, Crown Oases Reserv- ed, (1866-1875). . English Law Reports, Common Pleas, (186&- 1875). . English Law Reports, Common Pleas Divi- sion. . English Law Reports, Chancery, Appeal Cases, (1866-1875). . English Law Reports, Chancery Division. . English Reports, English and Irish Appeals. .English Law Reports, Equity, (1866-1875). . English Law Reports, Exchequer, (1866-1875). . English Law Reports, Exchequer Division. . English Law Reports, House of Lords, Eng- lish and Irish Appeal Cases, (1866-1875). . English Law Reports, House of Lords, Scotch and Divorce Appeal Oases, (1866-1875). . English Law Reports, Indian Appeals. .Law Reports, Ireland, (1879-1893). . Law Reports, Miscellaneous Division. . Irish Law Recorder, New Series. . Law Reports, New South Wales. . English Law Reports, Privy Council, Appeal Oases, (1866-1875). . English Law Reports, Probate, Divorce and Admiralty Division. . English Law Reports, Probate and Divorce. . Law Reports, Probate and Matrimonial, (1866-1875). . English Law Reports, Queen's Bench, (1866- 1875). . English Law Reports, Queen's Bench Divi- sion. . Law Reports, South Australia. . English Law Reports, Scotch and Divorce Cases, before the House of Lords. . English Law Reports, Sessions Cases. . English Law Reports, Statutes. Li. . Law Times (New Series) Reports, London, (also American Law Times Reports). . Law Times, Old Series. . Law and Bank Bulletin. . Leigh & Cave's English Crown Cases Re- served. ABBREVIATIONS OF LAW PUBLICATIONS. 403 Ii. & C. C. C Leigh & Cave's Crown Cases. Ij. & E Englisli Law and Bquily Reports. Ij. & E. Rep Law and Equity Reporter, New York. Ii. & G. t. Flunk Lloyd & Gould's Irish Chancery Reports temp. Plunkett. Ii. & G. t. Sug Lloyd & Gould's Irish Chancery Reports temp. Sugden. Ii. & M Lowndes & Maxwell's English Practice Cases. Ij. & T Longfield & Townsend's Irish Exchequer Re- ports. L. & W Lloyd & Welshy's English Mercantile Cases. Iia. Louisiana; — Lane's English Exchequer Re- ports. La. An Louisiana Annual Reports; — Lawyers' Re- ports, Annotated. Iio. T. R Louisiana Term Reports (3-12 Martin, Louisi- ana). Iia Them. Ii. C La Themis (Periodical), Lower Canada. Iiab Labbatt's California District Court Reports. Iiacey Dig Lacey's Digest Railway Decisions. Ladd New Hampshire Reporter, vols. 59-64. Iialor Lalor's Supplement to Hill & Denlo's New York Reports. Lamar Florida Reports, vols. 25-40. Lamli Wisconsin Reports, vols. 103-105. Land Com. Rep Land Commissioners Reports (Ireland). Lane Lane's English Exchequer Reports. Lanjs Lansing's New York Supreme Court Reports. Lans. Ch Lansing's Chancery Decisions, New York. Latch Latch's English King's Bench Reports. Lath Lathrop's Massachusetts Reports, vols. 115- 145. Lauder (Lauder of) Fountainhall's Scotch Sessions Cases. Laur. H. C. Ca Lauren's High Court Cases (Kimberly). Law Rep. A. & E. . . . Law Reports, Admiralty and Ecclesiastical. Law Rep. App. Cas. . . Law Reports, Appeal Cases. Law Rep. C. C Law Reports, Crown Oases. Law Rep. C. P Law Reports, Common Pleas. Law Rep. C. P. D. . . . Law Reports, Common Pleas Division. Law Rep. Ch Law Reports, Chancery Appeal Cases. Law Rep. Ch. D Law Reports, Chancery Division.' Law Rep. Eq Law Reports, Equity Cases. Law Rep. Ex Law Reports, Exchequer. Law Rep. Ex. D Law Reports, Exchequer Division. Law Rep. H. L Law Reports, House of Lords, English and Irish Appeal Cases. 404 APPENDIX. Iiaw Bep. H. t. Sc. . . Law Keports, Scotch and Divorce Appeal Cases, House of Lords. Iiaw Bep. Ind. App. . . Law Reports, Indian Appeals. Lavr Bep. Ir Law Reports, Irish. law Bep. Misc. D. . • . Law Reports, iliscellaneous Division. Law Bep. P. C Law Reports, Privy Council, Appeal Cases. Iiaw Bep. P. & D.. . . Law Reports, Probate and Divorce Cases. Iiaw Bep. Q. B Law Reports, Queen's Bench. Iiaw Bep. Q. B. D. . . . Law Reports, Queen's Bench Division. Law Bepos Carolina Law Repository, North Carolina. liawrence Lawrence, Ohio Reports, vol. 20. Lawrence Comp. Dec. Lawrence's First Comptroller's Decisions. Ld. Ken Lord Kenyon's English King's Bench Re- ports. Ld. Baym Lord Raymond's English King's Bench Re- ports. Le Mar Le Marchanf s Gardner Peerage Case. Lea Lea's Tennessee Reports; — Leach. Leach Leach's English Crown Cases. Leacb CI. Cas Leach's Club Cases, London. Lead. Cas. Am American Leading Cases, by Hare & Wal- lace. Lead. Cas. Eq, Leading Cases in Equity, by White & Tudor. Lee Lee's English Ecclesiastical Reports; — Lee's Reports (9-12 California). Lee G Sir George Lee's English Ecclesiastical Re- ports. Leese Nebraska Reports, vol. 26. Le£. Dec Lefevre's Parliamentary Decisions, reported by Bourke. Legg Leggett's Reports, Sind, India. Legge Legge's Supreme Court Cases, New South Wales. Leigh Leigh's Virginia Reports. Leigb & C Leigh & Cave's English Crown Cases. Leo. (oT Leon.) Leonard's English King's Bench Reports. Lest. P. L Lester's Decisions in Public Land Cases. Lester Lester's Reports (31-33 Georgia). Lester Snpp. or Lest. & But Lester & Butler's Supplement to Lester's Georgia Reports. Lev ' Levinz's English King's Bench Reports. Lew Lewin's English Crown Cases Reserved ; — Lewis (Mo.) ; — Lewis (Nov.). Lew. C. C Lewin's English Crown Cases. Lew. C. L Lewis' Criminal Law. Lew. L. Cas Lewis' Leading Cases on Public Land Law. ABBKEVIATIONS OF LAW PUBLICATIONS. 405 Ijewis Missouri Appeals Reports, vols. 2&-35 ; — Lewis' Reports, vol. 1, Nevada ; — Lewis Kentucky Law Reporter. Ley , . . Ley's English King's Bench Reports. liib Liber (book) ; — Library. Lib. Ass Liber Assisarum (Tear Books, Part V). Lib. L. & Eq Library of Law and Equity. Lib. Reg Register Books. Life and Ace. Ins. R.Blgelow's Life and Accident Insurance Re- ports. Lil Lilly's English Assize Reports. Linn Ind Linn's Index of Pennsylvania Reports. Lit. (or Litt.) Llttell's Kentucky Reports ; — Littleton's En- glish Common Pleas Reports. Lit. (or Litt.) Sel. Ca. Llttell's Select Kentucky Cases. Lit. & Bl. Dig Littleton & Blatchley's Insurance Digest Littell Llttell's Kentucky Reports. Liz. Sc. Exch Lizar's Exchequer Cases, Scotch. LI. & G. t. F Lloyd & Goold's Irish Chancery Reports temp. Plunkett. Li. & G. t. S Lloyd & Goold's Irish Chancery Reports temp. Sugden. LI. & -W. (or Lloyd & W.) Lloyd & welsby's English Mercantile Cases. Loc. Ct. Gaz Local Oourt^ and Municipal Gazette, Toronto. Lock. Rev. Ca. Lockwood's New York Reversed Cases. Locus Standi Locus Standi Reports, English. Lofft LofCt's English King's Bench Reports. Long Q Long Quinto (Tear Books, Part X). Longf. & T. (or Long. & Town.) Longfield & Townsend's Irish Exchequer Re- ports. LoTenz Lorenz's Ceylon Reports. ' Loring & Russell. . . Massachusetts Election Cases. Lon. (or Louis.) .... Louisiana (see La.). Low. (or Low. Dis.) . . Lowell's United States District Court Re- ports. Low. Can. R Lower Canada Reports. Low. Can. Seign. • . . Lower Canada Selgnorial Reports. Lown. M. & P Lowndes, Maxwell, & Pollock's English Bail Court Reports. Lown. & M Lowndes & Maxwell's English Bail Court Re- ports. Luc. (or Lucas) .... Lucas' Reports (Modern Reports, Part X). Lnd. El. Cas Luder's English Election Cases. Lndden Ludden's Reports (43, 44 Maine). Lnm. P. L. Cas Lumley's Poor Law Cases. Lnmpkin Vols. 59-77, Georgia. 406 APPENDIX. Ii Maynard's Reports, Edward II (Year Books, Part I). McAll. (or McAl.). . . McAllister's United States Circuit Court Re- ports. ^''A" McArthur's District of Columbia Reports. McAr. & M MacArthur & Madkey, District of Columbia. *'^«'-*'* McArthur's Patent Cases. McBride McBride's Reports (1 Missouri). ™^"*^*^ McCahon's Kansas Reports and U. S. Dis- trict of Kansas. ^'^C^' McCarter's New Jersey Equity Reports; — McCarty (Civ. Procedure) N. Y. ABBREVIATIONS OP LAW PUBLICATIONS. 411 MoCI McC51elland's English Exchequer Reports. McCL & Y McClelland. & Younge's English Exchequer Reports. McCook McCook's Reports (1 Ohio State). McCord McOord's South Carolina Law Reports. MoCord Eq. (or Ch.).. McOord's South Carolina Equity Reports. McCorkle McCorkle's Reports (G5 North Carolina). McCr. (or McCrary). . McCrary's United States Cfircuit Court Re- ports. McDevitt McDevitt's Land Comr. Reports (Ireland). McFar McFarlane's Reports (Scotch Jury Court). McGill McGill's Manuscript Scotch Session Cases. McGI. (or McGloln). . McGloln's Louisiana Reports. Moll, (or Mcliean) . . . McLean's United States Circuit Court Re- ports. Mcli. & R •. . . McLean & Robinson's Scotch Appeal Cases. McM. Com. Dec McMaster's Commercial Decisions. McMuI McMulIan's South Carolina Law Reports. McMul. Eq McMulIan's South Carolina Equity Reports. McNagh McNaghten (see Macn.). McFherson McPherson, Lee, & Bell's (Third Series) Scotch Session Cases. McQ MacQueen's Scotch Appeal (House of Lords) Cases. McWillie Mississippi Reports, vols. 73-76. Md, Maryland; — Maryland Reports; — Harris & McHenry's Maryland Reports. Md. Ch Maryland Chancery Reports. Me Maine; — Maine Reports. Means Means' Kansas Reports. Med. I.. J Medico Legal Journal, New York. Med. I.. N Medico Legal News, New York. Med. Ii. P Medico Legal Papers, New York. Medd Meddaugh's Reports (Ip Michigan). Mees. & Ros Meeson & Roscoe's English Exchequer Re- ports. Mees. Sb Wels Meeson & Welsby's English Exchequer Re- ports. Meg Megone Company Case. Meig8 Meigs' Tennessee Reports. Melv. Tr Melville's Trial (Impeachment), London. Mem. I/. J Memphis Law Journal, Tennessee. Menken New York Civil Procedure, vol. 30. Menz Menzies' Reports, Cape of Good Hope. Mer. Merivalis Chancery Reports. Meriv Merivale's English Chancery Reports. Met. (or Mete.) . . . . Metcalf s Mass. Reports; — Metcalfe's Ken- tucky Reports; — Metcalf, Rhode Island, vol. 3. 412 APPENDIX. Mete. Ky Metcalfe's Kentucky Reports. Meth. Ch. Ca Report of Methodist Church Case. Mich Michigan; — Michaelmas. Micli. C. C. R Michigan CSrcuit Court Reporter, Marquette. Mich. N. P Michigan Nisi Prius Reports. Mich. Pol. Soc Michigan Politican Science Association. Mich. T Michaelmas Terms. Mickey Waite's Actions and Defenses, vol. 9. Mitch. Vac Michalmas Vacation. Middz. Sit Sittings for Middlesex at Nisi Prius. Mil Miles' Pennsylvania Reports; — Miller (see Mill.). Miles Miles' District Court Reports, City and Coun- ty of Philadelphia, Pa. Mill Mill's South Carolina Constitutional Reports; — Miller's Reports (1^ Louisiana); — Mil- ler's Reports (3-18 Maryland); — Miller's Decisions, United States. Mill. Dec Miller's Decisions (Woolworth's Reports) United States Circuit Court. Mill. Dec Miller's Decisions United States Supreme Court. Mill. La. Miller's Reports (1-5 Louisiana). Mill. Md Miller's Reports (3-18 Maryland). Miller Miller's Reports (1-5 La.); — Miller's Reports (3-18 Md.). Milw Milward's Irish EJcclesiastical Reports. Min Minor; — Minor's Alabama Reports. Min. Inst Minor's Institutes Statute Law. Minn Minnesota Reports. Minor Minor's Reports, Alabama; — Minor's Insti- tutes. Miscel Miscellaneous Reports, New York. Miss, Mississippi; — Mississippi Reports; — Missouri. Miss. Dec Mississippi Decisions, Jackson. Miss. St. Ca Mississippi State Cases. Mister Missouri Appeal Reports, vols. 17-32. Mitch. M. R Mitchell's Maritime Register, London. M'Mnl McMullan, South Carolina. Mo Missouri; — Missouri Reports; Moore's Eng- lish King's Bench Reports; — Moore's Eng- lish Common Pleas Reports; — Moore's Eng- lish Privy Council Reports; — Modem Re- ports, English; — English King's Bench, etc., (see Mod.); — Monthly;— Moore's India App. Ca. Mo. App. Missouri Appeal Reports. Mo. App. Rep Missouri Appellate Reporter. ABBREVIATIONS OF LAW PUBLICATIONS. 413 Mo. (F.) Sir Francis Moore's English King's Bench Reports. Mo. I. A iloore's Indian Appeals. Mo. (J. B.) J. B. Moore's English Oommon Pleas Re- ports. Mo. P. C Moore's English Privy Council Reports. Mo. & P Moore & Payne's English Common Pleas Re- ports. Mo. & R Moody & Robinson's English Nisi Prius Re- ports. Mo. & S Moore & Scott's English Common Pleas Re- ports. Moak. Eng. Rep. . . . Moak's English Reports. Mob Mobley's Election Cases. Mod Modern Reports, English King's Bench, etc. : — Modified. Mod. Cas Modern Cases (6th Modem Reports). Mod. Cas. Ii. & Eq. . . Modem Cases at Law and Equity (8 and 9 Modern Reports). Mod. Cas. per. Far.Modern Cases temp. Holt, by Farresby (7 (or t. Holt) Modern Reports). Mod. R«p The Modern Reports, English King's Bench, etc., — Modern Reports by Style (Style's King's Bench Reports). Mol. (or Moll.) .... Molloy's Irish Chancery Reports. Moly Molyneau's Reports, English Courts. Men. Montana; — T. B. Monroe's Kentucky Reports; — B. Monroe Kentucky Reports. Mon. (B.) B. Monroe's Kentucky Reports. Mon. (T. B.) T. B. Monroe's Kentucky Reports. Monaghan . .i Pennsylvania Reports, vols. 147-165. Monr Monroe (see Mon.). Mont^ Montana ; — Montana Reports; — Montagu's English Bankruptcy Reports;— Montrlou's Bengal Reports. Mont. Bank. Rep. . . Montagu's Bankruptcy Reports. Mont. Co. Ii. R Montgomery County Law Reporter, Pennsyl- vania. Mont. Cond. Rep. . . . Montreal Condensed Reports. Mont. D. & DeG. . . . Montagu, Deacon & De Gex's English Bank- ruptcy Reports. Mont. Ind Monthly Index to Reporters (Natl. Reporter System). Mont. I.. R. Montreal Law Reporter; Montreal Law Re- ports. Mont. t. R. Q. B. . . . Montreal Law Reporter, Queen's Bench. Mont. L. R. S. C Montreal Law Reporter, Superior Court. Mont. & Ayr Montagu & Ayrton's English Bankruptcy Re- ports. 414 APPENDIX. Mont. & Bl Montagu & Bligh's English Bankruptcy Re- ports. Mont. & C Montagu & Chltty's English Bankruptcy Re- ports. Mont. & MaoA Montagu's & MacArthur's English Bankrupt- cy Reports. Montr Montriou's Reports. Bengal ; — Montrlou's Supplement to Morton's Reports. Moo Francis Moore's English King's Bench Re- ports; — J. M. Moore's English Common Pleas Reports; — Moody's English Crown Cases. Moo. A Moore's Reports (1 Bosanquet & Puller, after page 470). Moo. C. C Moody's English Crown Cases Reserved. Moo. Cr. C Moody's Crown Cases, English Courts. Moo. C. P Moore's English Common Pleas Reports. Moo. Ind. App Moore's Reports, Privy Council, Indian Ap- peals. Moo. J. B Moore's English Common Pleas. Moo. K. B Moore's English King's Bench. Moo. P. C Moore's Privy Council Cases, Old and New Series. Moo. Tr Moore's Divorce Trials. Moo. & Mai Moody & Malkin's English Nisi Prius Re- ports. Moo. Sc Pay Moore & Payne's English Common Pleas Re- ports. Moo. & Bob Moody & Robinson's English Nisi Prius Re- ports. Moo. & So Moore & Scott's English Common Pleas Re- ports. Mood, (or Moody) . . Moody's English Crown Cases Reserved. Mood. & Malk Moodys & Malkin's English Nisi Prius Re- ports. Mood. & Boll Moody & Robinson, English. Moon Indiana Reports, vols. 133-144 ; also Indiana Appellate Court, vols. 6-14. Moore Moore's English King's Bench Reports ; — Moore's English Common Pleas Reports ; — Moore's English Privy Council Reports ; — Moore's Reports (28-34 Arkansas). — Moore, vol. 67, Alabama ; Moore's Reports 23-24 Texas). Moore. (A.) Moore's Reports In 1 Bosanquet & Puller, after page 470. Moore C. P Moore's English Common Pleas. Moore E. I Moore's East Indian Appeals. ABBREVIATIONS OF LAW PUBLICATIONS. 415 Moore G. O Moore's Gorham Case (English Privy Coun- cil). Moore J. B Moore, English King's Bench. Moore K. B Sir F. Moore's English King's Bench Re- ports. Moore P. C Moore's Privy Coxmcil Reports. Moore P. C. N. S. ... Moore's Privy Council Reports, England, New Series. Moore & P Moore & Payne's English Common Pleas Re- ports. Moore & S Moore & Scott's English Common Pleas Re- ports. Moore & Walker. . . . Moore & Walker's Reports (22-24 Texas). Mor Morison's Dictionary of Decisions in the Court of Session, Scotland; — Morris (see Morr.). Mor. la Morris' Iowa Reports. Mor. Min. Rep Morrison's Mining Reports. Mor. St. Cas Morris' Mississippi State Cases. Mor. Supp Supplement to Morison's Dictionary, Scotch Court of Session. Mor. Syn Morison's Synopsis, Scotch Session Cases. Mor. Tran Morrison's Transcript of United States Su- preme Court Decisions. Morg. & W. Ij. J Morgan & Williams' Law Journal, London. Mori. Dig Morley's East Indian Digest. Morr. Morris' Reports, Iowa; — see also "Morris," and "Mor." ; — Morrow, vols. 23-36, Oregon Reports ; — Morrell, English Bankruptcy Reports. Morr. Jah Morris' Jamaica Reports. Morr. M. R Morrison's Mining Reports, Chicago. Morr. St. Cas Morris' State Cases, Mississippi. Morr. Snpp Supplement to Morison's Dictionary, Scotch Court of Session. Morr. Trans Morrison's Transcript, United States Su- preme Court. Morris Morris' Iowa Reports ; — Morris' Reports (5 California) ; — Morris' Reports (43^8 Mis- sissippi ; — Morris' Jamaica Reports ; — Mor- ris' Bombay Reports; — Morrissett, vols. 80 and 98, Alabama. Morris & Har Morris & Harrington's S. D. A. Reports, Bombay. Morr. Die Morison's Dictionary, Scotch Decisions and Supplement. Morr. Trans Morrison's Transcript U. S. Decisions. Morse Tr Morse Famous Trials. 416 iPPENDIX. . Morton Morton's Reports, Bengal. Mos Moseley's English Chancery Reports. Moult. Ch. P Moulton's Chancery Practice, New York. Mu. Corp. Ca. Withrow's Corporation Cases, vol. 2. Mum. Jam Mumford's Jamaica Reports. Mumf Mumford's Jamaica Reports. Mun Munford's Virginia Reports. Mnnf Munford's Virginia Reports. Mar. Murphy's North Carolina Reports ; — Mur- ray's Jury Court Reports (Scotland) ; — Murray's Ceylon Reports ; — Murray's New , South Wales Reports. MuT. tJ. S. Ct ilurray's Proceedings in the United States Courts. Mur. & Hurl Murphy & Hurlstone's English Exchequer Reports. Murph Murphy's North Carolina Reports. Mnrr Murray's Scotch Jury Trials ; — Murray's Ceylon Reports ; — Murray's New South Wales Reports. Murray JIurray's Scotch Jury Court Reports. Murray (Ceylon) . . . JIurray's Ceylon Reports. Mutukisna Mutukisna's Ceylon Reports. Myers Dig Myer's Texas Digest. Myers Fed. Dec Myer's Federal Decisions. Myl. & Cr Mylne & Craig's English Chancery Reports. Myl. & K ilylne & Keen's English Chancery Reports. Myr Myrick's California Probate Court Reports. N N Nebraska ; — Nevada. N. B New Brunswick. N. B. R National Bankruptcy Register, New York ; — New Brunswick Reports. N. B. Rep New Brunswick Reports. N. Benl New Benloe, English King's Bench Reports. N. B. Eq. Ca New Brunswick Equity Cases. N. B. Eq. Rep New Brunswick Equity Reports. N. B. N. R National Bankruptcy News and Reports. N. C North Carolina Reports ; — Notes of Cases (English Ecclesiastical and Maritime): — New Cases (Bingham's New Cases). N. C. C New Chancery Cases (Younge «fe Collyer). N. C. Conf North Carolina Conference Reports. N. C. Ecc Notes of Cases in the Ecclesiastical and Maritime Courts. N. C. L. Rep North Carolina Law Repository. ABBKBVIATION8 OF LAW PUBLICATIONS. 417 N. C. Str Notes of Cases, by Strange, Madras. N. C. T.^ Rep North Carolina Term Reports. N, Car North Carolina. N. Chip N. Chipman's Vermont Reports. N. D North Dakota. N. E New England ; — New edition ; — Northeastern Reporter. N. B. v. Ad New Brunswick Vice Admiralty Reports. N. E. R Northeastern Reporter ; New England Re- porter. N. F Newfoundland ; — Newfoundland Reports. N. H New Hampshire ; — New Hampshire Reports. N. H. R. New Hampshire Reports. N. H. & C English Railway and Canal Cases, by Nichol, Hare, Carrow, etc. N. J New Jersey ; — New Jersey Reports. N. J. Bq. (or Ch.) . . . New Jersey Equity Reports. N. J. Law New Jersey I^aw Reports. N. J. Ii. J New Jersey Law Journal. N. I, Nelson's Lutwyche, English Common Pleas Reports. H, 1. I, New Library of .Law and Equity, English. S. M New Mexico ; — New Mexico Reports. U. M. St. Bar Assn . . New Mexico State Bar Association. U. Mag. Ca New Magistrates' Cases. N. of Cas Notes of Cases, English Ecclesiastical and Maritime Courts ; — Notes of Cases at Mad- ras (by Strange). N. of Cas. Madras. . . Notes of Cases at Madras (by Strange). KT. p Nisi Prius. N. P. C Nisi Prius Cases. N. P. R. Nisi Prius Reports. N* b'. New Reports (English, 1862-186.5) ;— Bosan- quet & Puller's New Reports; — Not Re- ported. N. R. B. F New Reports of Bosanquet & Puller. U. S New Series ; — Nova Scotia. N. S. Dec Nova Scotia Decisions. N. S. L. R Nova Scotia Law Reports. N. S. R Nova Scotia Reports. N, s. W New South Wales Reports. Old and New Series. N. S. W. Ii. R New South Wales Law Reports. N. S. W. Eq. Rep. . . . New South Wales Equity Reports N. So. Deo Nova Scotia Decisions. N. W. R Northwestern Reporter. N. W. Rep Northwestern Reporter. N. W. T. (or N. W. T. Bep.) North West Territories Reports (Canada). Brief Mak.— 27 418 APPENDIX. N. Y New York; — New York Court of Appeals Re- ports. N. y. Ann. Ca New York Annotated Cases. ' N. Y. App. Dec New York Court of Appeals Decisions. N. Y. Cas. Err New York Cases in Error (Caines' Cases). N. Y. Civ. Pr. Kep. . . New York Civil Procedure Reports. N. Y. Code Report . . New York Code Reporter. N. Y. Code Report N. S New York Code Reports, New Series. N. Y, Cond. New York Condensed Reports. N. Y. Cr. Rep New York Criminal Reports. N. Y. Ct. App New York Court of Appeals. N. Y. El. Cas New York Contested Election Cases. N. Y. Mo. 1. R New York Monthly Law Reports. N. Y. Op. Att.-Gen. . . Sickel's Opinions of the Attorney-General of New York. N. Y. P. R New York Practice Reports. N. Y. Reg New York Daily Register. N. Y. Rep New York Court of Appeals Reports. N. Y. S New York Supplement ; — New York State ; — New York State Reporter. N. Y. Reptr New York Reporter (Gardenier's). N. Y. Spec. Term R. . . Howard's Practice Reports. N. Y. Snper. Ct New York Superior Court Reports. N. Y. Snpp New York Supplement. N. Y. Snpr New York Supreme Court Reports. N. Y. T. R New York Term Reports (Caines' Reports). N. Y. Them New York Tbeiiiis. N. Z New Zealand. N. Z. Jnr New Zealand Jurist. N. Z. Jnr. N. S New Zealand Jurist, New Series. N. Z. Rep New Zealand Reports, Court of Appeals. N. & H. or Hop Nott & Huntington's Reports, TJ. S. Court of Claims Reports. N. & M Neville & Manning's English King's Bench Reports. N. & M. Mag Neville & Manning's English Magistrates' Cases. N. & Me Nott & McCord's South Carolina Reports. N. & P Neville & Perry's English King's Bench Re- ports. N. & P. Mag Neville & Perry's English Magistrates' Cases. Nal. St. P Nalton's Collection of State Papers. Nap Napier. Napton Napton's Reports (4 Missouri). Narr. Mod Narrationes Modernae, or Style's King's Bench Reports. Nat. B. C National Bank Cases. ABBKEVIATIONS OF LAW PUBLICATIONS. 419 Nat. B. R National Bankruptcy Register. Nat. Bank Reg National Bankruptcy Register Reports. Nat. Corp. Rep National Corporation Reporter, Chicago. Nat. L. Reo National Law Record. Nat. I.. Rep National Law Reporter. Nat. L. Rev National Law Review (Philadelphia). Nat. Reg National Register, edited by Mead, 1816. Nat. Rept. Syst National Reporter System. Nat. Rev National Review (London). Nd Newfoundland Reports. Neb Nebraska. Neg. Cas Bloomfield's Manumission (or Negro Cases) New Jersey. Nel Nelson's English Chancery Reports. Nell Nell's Ceylon Reports. Nels Nelson's Chancery Reports, England. Nels. Abr Nelson's Abridgment of the Common Law. Nels. Fol. Rep Finch's Chancery Reports, edited by Nelson. Nev Nevada ; — Nevada Reports. Nev. & Mao Neville & Macnamara's English Railway and Canal Cases. Nev. & Man Nevile & Manning's English King's Bench Re- ports. Nev. & Man. Mag. Cas Nevile & Manning's English Magistrate's Cases. Nev, & MoN Neville & McNamara's Railway and Canal Cases. Nev. & P. Nevile & Perry's English King's Bench Re- ports. Nev. & P. Mag. Cas. . . Nevile & Perry's English Magistrates' Cases. New Newell, Illinois Appeal Reports. Neiv Ann. Reg New 'Annual Register, London. Ne-nr Benl New Benloe's Reports, English King's Bench. New Br New Brunswick Reports. New B. & Eq. Ca. . . New Brunswick Equity Cases, 1 vol. New B. & Eq. Rep. . . New Brunswick Equity Reports, 1 vol. New Cas New Cases (Bingham's New Cases). New Cas. Eq New Cases in Equity (8, 9 Modern Reports). New Eng. Hist. .... New England Historical and Genealogical Register. New Mag. Cas New Magistrates' Cases (Bittleston, Wise & Parnell). New Pr. Cases New Practice Cases (English). New Rep New Reports in all the Courts, London — Bosanquet & Puller's New Reports (4, 5 Bos. & Pul.). New Sess. Cas Carrow, Hammerton & Allen's New Session Cases (English). 420 APPENDIX. New So. W. New South Wales. New Term Rep New Term Reports ; — ^Dowling & Ryland's King's Bench Reports. New Tork Snpp. . . . New York Supplement. Newl Newberry's United States Admiralty Reports. Newbyth. Newbyth's Manuscript Decisions, Scotch Ses- sion Cases. Newell Illinois Appeal Reports, vols. 48-90. Newf . Sel. Cas Newfoundland Select Cases. Nicb. H. & C Nlcholl, Hare & Carrow's English Railway and Canal Cases. Nicholl English Railway and Canal Oases, by NlchoU, etc. Nicholson Nicholson's Manuscript Decisions, Scotch Ses- sion Cases. Nient cul Nient culpable — ^not guilty. Nil. Reg Niles' Weekly Register. Nisbet (Nisbet of) Dirleton's Scotch Session Cases. No. Co. Ecc. & Mar. . . Notes of Cases (English), Ecclesiastical and Maritime. NoL (Mag. or Just, or Sett. Cas.) Nolan's English Magistrates' Oases. Non cnl Non culpabilis — not guilty. Noro Norcross, Nevada Reports, vols. 23-24. Norr Norris, Pennsylvania Reiwrts, vols. 82-96. North Reports temp. Northington (Eden's English Chancery Reports). North & 6. North & Guthrie, Missouri Appeals, vols. 68-80. Northam Northampton Law Reporter, Pennsylvania. Northmn Northumberland County L^al News, Penn- sylvania. Northw. Pr Northwest Provinces, India. Northw. Rep Northwestern Reporter. Not. Cas Notes of Cases in the English Ecclesiastical and Maritime Courts; — Notes of Gases at Madras (Strange). Not. Cas. Madras. . . . Notes of Cases at Madras. Not. Dec Notes of Decisions (Martin's North Carolina Reports). Not. J. Notaries Journal. Not. Op Wilmot's Notes of Opinions and Judgments. Notes of Ca Notes of Cases, English. Notes on IT. S Notes on U. S. Reports. Nott &, Hop Nott & Hopkins' Reports, United States Court of Claims Reports. Nott & Hunt Nott & Huntington's Reports (1-7 U. S. Court of Claims). ABBREVIATIONS OP LAW PUBLICATIONS. 4:21 Nott & McC Nott & HcCord's South Carolina Beports. Nov. So Nova Scotia. Nov. So. Dec Nova Scotia Decisions. Nov. So. Ii. R Nova Scotia Law Reports. Noy Noy's English King's Bench Reports. Nye Nye, Utah Reports, vols. 18-20. O Ohio Reports; — Oregon Reports; — Otto's Unit- ed States Supreme Court Reports. O. B Old Bailey;— Old Benloe;— Orlando Bridg- man. O. B. S Old Bailey's Sessions Papers. O. Ben Old Benloe's Reports, English Common Pleas. O. Bridge Orianno Brldgman's Reports, English Com- mon Pleas; — Carter's Reports, temp. Brldg- man's English Common Pleas. O. B. & F. N. Z Olivier, Bell & Fitzgerald's New Zealand Re- ports. O. C Orphans' Court. O. C. C Ohio Circuit Court Reports. O. C. C. N. S Ohio Circuit Court Reports. New Series. O. C. D Ohio Circuit Decisions. O. D Ohio Decisions. O. D. C. C Ohio Decisions, Circuit Court O. J. Act Ontario Judicature Act. O. B Ontario Reports. O. S Ohio State Reports; — Old Series. O. S Old Series K. & Q. Bench Reports, Ontario, (Upper Canada). O.S. C. D. or O. S. U... Ohio Supreme Court Decisions, Unreported Cases. O. S. & C. P. Dec. . . . Ohio Superior and Common Pleas Decisions. O. St Ohio State Reports. O'Keefe Ord O'Keefe's Orders in Chancery, Ireland. O'Mal. & H O'Malley & Hardcastle's English Election Cases. O. & T. Oyer and Terminer. O'Brien O'Brien's Upper Canada Reports. Oct. Str. Octavo Strange Select Cases on Evidence. Odeneal Oregon Reports, vols. 9-11. OfE. Gaz. Pat. Off. . - Official Gazette, United States Patent Office. Officer Officer's Reports (1-9 Minnesota). Ogden Ogden's Reports (12-15 Louisiana). Ohio St Ohio State Reports. Ohio Sup. & C. P. Dec. Ohio Superior and Common Pleas Decisions. 422 APPENDIX. Okia Oklahoma. Olc. (op Olc. Adm.) . . Olcott's U. S. District Court, Admiralty. Old Ben Benloe in Benloe & Dallson, Eng. C. P. Re- ports. Oldr Oldright's Reports, Nova Scotia. Oliv. B. & L English Railway and Canal Cases, vols. 5-7, by Oliver, Beaven, & Lefroy. Oil. B. & F Ollivier, Bell, & Fitzgerald New Zealand. O'Mal. & H O'Malley & Hardcastle's Election Cases. Onsl. N. P Onslow's Nisi Prius. Ont. (op O.) Ontario;— Ontario Reports. Ont. App. R Ontario Appeal Reports. Out. EL Ca Ontario Election Cases. Ont. P. B. (op Ont. Pp. Bep.) Ontario Practice Reports. Op. Att. Gen. Opinions of the Attorneys General of the United States. Op. N. T. Atty. 6en...Sickel's Opinons of Attorneys-Geheral of New York. Op Oregon; — Oregon Reports. Op. T. Rep Orleans Term Reports (1, 2 Martin's Louisi- ana). Opeg Oregon; — Oregon Reports. OpI. Bpidgman Orlando Bridgman's English Common Pleas Reports. OpI. T. B Orleans Term Reports (1, 2 Martin's Louisi- ana Reports). Opmond Ormond's Reports (12-15 Alabama). Ot Otto's United States Supreme Court Reports. Ont Outerbridge's Reports (97-110 Pennsylvania State). Ovep. (op Ovepton) . . Overton's Tennessee Reports. Ow Owen's English K. B. Reports; — New South Wales Reports. Owen Owen's English King's Bench Reports. Oxley Young's Vice-Admiralty Decisions, Nova Sco- tia, edited by Oxley. P Easter (Paschal) Term; — Pennsylvania; — Pe- ters; — Pickering's Massachusetts Reports; Probate; — Pacific Reporter. P. A. D Peters' Admiralty Decisions. ^' C Pleas of the Crown; — Parliamentary Cases; — Practice Oases; — Prize Cases; — Patent Cases; — Privy Council; — Prize Court; — Probate Court; — Precedents in Chancery. ABBREVIATIONS OF LAW PUBLICATIONS. 423 P. C. App Privy Counci] Appeals. P. C. C Privy Council Cases;— Peters' Circuit Court Reports. !•• CI. R Parker's Criminal Reports, New York; Privy Council Reports. P- D Probate Division, English Law Reports (1876- 1890). P. E. I. (or P. E. I. Rep.) Prince Edward Island Reports (Haviland's). P- E. S P. F. Smitli's Reports (51-^1% Peilnsylvania State). P. Jr. & H. (or P. & H.) Patton, Jr., & Heath's Virginia Reports. . P- N. P. Peake's English Nisi Prius Cases. P. O. Cas Perry's Oriental Cases, Bombay. P. O. G Patent Office Gazette. P- O. R Patent Office Reports. P. P Parliamentary Papers. P- 'R Parliamentary Reports; — Pennsylvania Re- ports, by Penrose & Watts; — Pacific Re- porter; — ^Probate Reports. P. R. C. P Practical Register in Common Pleas. P. R. Ch Practical Register in Chancery. P. R. IT. C Practical Reports, Upper Canada. P. R. & D Power, Rodwell, & Dew's English Election Cases. P. S. C. IT. S Peters' Supreme Court, United States. P. S. R Pennsylvania State Reports. P. W. (or P. Wms.) . . Peere Williams' English Chancery Reports. P. & B Pugsley & Burbridge Reports, New Bruns- wick. P. & C Prideaux & Cole's Reports, English Courts (New Session Oases, vol. 4). P. & D Perry & Davidson's English Queen's Bench Reports; — Probate and Divorce. P. & H. Patton, Jr., & Heath's Virginia Reports. P. & K Perry & Knapp's English Election Cases. P. & M Philip & Mary ; — Pollock and Maitland's His- tory of English Law. P. & R Pigott & Kodwell's Election Cases, English. P. & W Penrose & Watts' Pennsylvania Reports. Pa. Pennsylvania ; — Pennsylvania Reports, by Penrose & Watts; — Pennsylvania State Re- ports; — Paine, U. S. Pa. Co. Ct Pennsylvania County Court Reports. Pa. Dist Pennsylvania District Court Reports. Pa. Iiaw Ser Pennsylvania Law Series. Pa. Ii. J Pennsylvania Law Journal Reports (Clark's) ; — Pennsylvania Law Journal, Philadel- phia. 424 APPENDIX. Pa. li. Bee Pennsylvania Law Record, Philadelphia. Pa. N. P Brightly' s Nisi Prius Reports, Pennsylvania, Pa. Rep Pennsylvania Reports. Pa. St Pennsylvania State Reports. Pa. St. Tr Pennsylvania State Trials (Hogan's). Pa. Snper. Ct. ...... Pennsylvania Superior Court. Pac. R Paclfle Reporter. Pai Paine' s United States Circuit Court Reports; — Paige's Nevsr York Chancery Reports. Pai. Ch Paige's New York Chancery Reports. Paige Paige's New York Chancery Reports. Paine (or Paine C. C.) Paine's United States Circuit Court Reports. Palm Palmer's English King's Bench Reports;— Palmer, Vermont Reports, vols. 53-60. Papy Papy's Rep. (5, 6 Florida). Par Parker's English Exchequer Reports; — Par- sons, New Hampshire Reports, vols. 65-66; ^Parker's New York Criminal Reports. Par. Deo Parsons' Decisions, Massachusetts. Par. Eq. Cas Parsons' Select Equity Cases, Pennsylvania. Park Parker's New York Criminal Reports; — ^Par- ker's English Exchequer Reports. Park. Dig Parker's California Digest. Pand Pandects. Park. Cr. Cas Parker's New York Criminal Cases. Park. Ezch Parker's English Exchequer Reports. Park. Rev. Cas Parker's English Exchequer Reports (Reve- nue Cases). Parker Parker's English Exchequer Reports; — Par- ker's New York Criminal Reports; — Par- ker's N. H. Reports. Pari. Cas Parliamentary Cases (House of Lords Re- ports). Pari. Reg Parliamentary Register. Pars Parsons (see Par.). Pars. Ans Parsons' Answer to the Fifth Part of Coke's Reports. Pars. Eq. Cas. Parsons' Select Equity Cases, Pennsylvania. Pas (Terminus Paschae) Easter Term. Pasckal Paschal's Reports (28-31 Texas) and Supp. to vol. 25. Pat Patent; — Paton's Scotch Appeal Cases; — Pat- erson's Scotch Appeal Oases; — Paterson's Reports, New South Wales. Pat. App. Cas Paton's Scotch Appeal Cases (Cralgie, Stew- art & Paton); — Paterson's Scotch Appeal Cases. ABBKEVIATIONS OF LAW PUBLICATIONS. 425 Pat. Deo Patent Decisions. Pat. & H Patton, Jr., & Heatli's Reports, Virginia. Pat. & Mur Paterson & Murray's Reports, New Soutli Wales. Pater Paterson's Scotch Appeal Oases; — Paterson's New South Wales Reports. Paton Craigie, Stewart, & Paton's Scotch Appeal Cases. Patr. Elect. Cas. . . . Patrick'^ Election Cases, Upper Canada. Patt. & H Patton & Heath's Virginia Reports. Pea, Peake's English Nisi Prius Reports. Peake Add. Cas Peake's Additional Cases (vol. 2 of Peake). Peake N. P Peake's English Nisi Prius Cases. Pears Pearson's Reports, Pennsylvania. Pearce CO Pearce's Reports in Dearsly's Crown Cases, English. Feck Peck's Tennessee Reports; — Peck's Reports (11-30 Illinois); — Peckwell's English Elec- tion Reports. Feck (Tenn.) Peck's Reports, Tennessee. Peck. El. Cas Peckwell's Election Oases, English. Peck Tr Peck's Trial (Impeachment). Feckw Peckwell's English Election Oases. Peeples Georgia Reports, vols. 77-97. Feeples & Stevens . . Georgia Reports, vols. 80-97. Peere Wms Peere William's Reports, English Chancery. Pen. N. J Pennington's Reports, New Jersey. Pen. & W Penrose & Watts' Pennsylvania Reports. Penn Pennsylvania; — Pennsylvania State Reports; Pennypacker's; — Pennington's New Jersey Reports; — Penrose & Watts' Pennsylvania Reports; — ^Pennewill's Delaware Reports. Penn. Co. Ot. Bep. . . Pennsylvania County Court Reports. Penn. Del Pennewill's Delaware Reports. Penn. Dist. Rep Pennsylvania District Reports. Penn. Bep Pennsylvania State Reports; — Penrose & Watts' Penn. Reports. Penn. St. (or St. B.). . Pennsylvania State Reports. Penning Pennington's New Jersey Reports. Penny. Pennypacker, Unreported Pennsylvania Cases; —Colonial Cases. Penr. & W Penrose & Watts' Pennsylvania Reports. Peo. L. Adv People's Legal Adviser, Utica, N. Y. Per. Or. Cas Perry's Oriental Cases, Bombay. Per. & Dav Perry & Davison's English King's Bench Re- ports. Per. & Kn Perry & Knapp's English Election Reports. Ferry. Sir Ersklne Perry's Reports, in Morley's (East) Indian Digest; — ^Perry's Oriental Cases. 426 APPENDIX. Perry & D Perry & Davison. Perry & Kn Perry & Knapp's Election Cases. Pet Peters' United States Supreme Court Re- ports;— Peters' United States Circuit Court Reports ;— Peters' Admiralty Reports; — Peters' Prince Edward Island Reports. Pet. Ad. (or Pet. Adm.) Peters' U. S. District Court Reports (Ad- miralty Decisions). Pet. Br Petit Brooke, or Brooke's New Cases, Eng- lish King's Bench. Pet. C. C Peters' United States Circuit Court Reports. Pet. Cond Peters' Condensed Reports United States Supreme Court. Pet. Dig Peters' Digest U. S. ; — Peticolas' Texas Di- gest. Pet. S. C Peters' United States Supreme Coiul: Re- ports. Peters Adm Peters' U. S. District Court Reports (Admir- alty Decisions). Petit Br Petit Brooke, or Brooke's New Cases, Eng- lish King's Bench. Pli Phillips' English Chancery Reports; — Philli- more's English Ecclesiastical Reports (see Phil.). Ph.. Ch Phillips' English Chancery Reports. PH. St. Tr Phillips' State Trials. Phal. C. C Phalen's Criminal Oases. Pheney Rep Pheney's New Term Reports. Phil Phillips' English Chancery Reports; — Phil- lips' North Carolina Reports; — Phillips' English Election Cases; Phillimore's Ec- clesiastical Reports; — Philadelphia Re- ports; — Phillips' Illinois Reports. Phil. Ecc. Jndg Phillimore's Ecclesiastical Judgments. Phil. Ecc. R Phillimore's English Ecclesiastical Reports. Phil. El. Caa Phillips' Election Cases. Phil. Eq Phillips' North Carolina Equity Reports. Phil. Fam. Cas. . . . Phillips' Famous Cases in Circumstantial E%'- Idence. Phil. Iiaw Phillips' North Carolina Law Reports. Phil. N. C Phillips' North Carolina Law Reports. Phil. St. Tr Philllpp's State Trials. Philippine Co Philippine Code. Phill Phillips (see Phil, and Phillips). Phillim Phillimore's English Ecclesiastical Reports; — see also Phil. ABBKEVIATION8 OF LAW PUBLICATIONS. 427 PblUips Phillips' Englisli Chancery Reports ; — Phil- lips' North Carolina Reports, Law and Equity; — Phillips' Illinois Reports, vols. 152-187. Pick Pickering's Massachusetts Reports. Fickle Tennessee Reports, vols. 85-103. Pig. & R Pigott & Rodwell's English Registration Ap- peal Cases. Pike Pike's Reports (1-5 Arkansas). Pin. (or Piun.) Wisconsin Reports, Pinney's. Piston (or Pist.) .... Piston's Mauritius Reports. Pitc. Tr Pitcairn's Criminal Trials, Scotland. Pitts. Rep Pittsburg (Pennsylvania) Reports. PI. (or PI. Com.) .... Plowden's Commentaries or Reports, English King's Bench, etc. M. C Placita Coronae (Pleas of the Crown). Plow Plowden's English King's Bench Reports. Pol. (or Pollex.) .... Pollexfen's Reports, English King's Bench, etc. ; — Police. Pol. Sci. Qnar Political Science Quarterly. Poll Pollexfen's English King's Bench Reports. Pomeroy California Reports, vols. 73-128. Pop. (or Poph.) .... Popham's English King's Bench Reports. Pop. Sci. Mo. ....... Popular Science Monthly. Pope / . . . Opinions Attorney General, pt. 1, vol. 22. Poph. (2) Cases at the end of Popham's Reports. Porter Porter's Alabama Reports ; — Porter's Re- ports (3-7 Indiana). Posey Posey's Unreported Cases, Texas. Post Post's Reports (23-26 Michigan) ;— Post's Re- ports (42-64 Missouri). Pot. Dwar Potter's Dwarris on Statutes. Poth. Fand Pothier's Pandects. Potter Wyoming Reports, vols. 4-7. Pow. R, & D Power, Rodwell & Drew's English Election Pr Price's English Exchequer Reports ; — Princi- pium (the beginning of a title, law, or sec- tion); — Practice Reports (Ontario). Pr. C. K. B Practice Cases in the King's Bench. Pp, ck Precedents in Chancery, by Finch ; — Practice in the High Court of Chancery. Pr. Dec Printed Decisions (Sneed's Kentucky Deci- sions). Pr. Div Probate Division, Law Reports ; — Pritch- ard's Divorce and Matrimonial Cases. Pr. Exck Price's English Exchequer Reports. 428 APPENDIX. Pr. Falo President Falconer's Reports, Scotch Court of Session. Pr. Min Printed Minutes of Evidence. Pr. R Practice Reports. Pp. Reg. B. C Practical Register in the Bail Court. Pr. Reg. C. P Practical Register in the Common Pleas. Pr. Reg. Ch Practical Register in Chancery. Pr. & Div Probate and Divorce, English Law Reports. Pra. Cas Prater's Cases on Conflict of Laws. Pratt Cont. Cas. . . . Pratt's Contraband-of-War Cases. Prec. Ch Precedents in Chancery. Prep Prerogative Court. Preg. Falo President Falconer's Scotch Session Cases (Gilmour & Falconer). Pri. (op Price) Price's Exchequer Reports. Ppice Notes P. P. . . . Price's Notes of Points of Practice, English Exchequer Cases. Priokett Prickett's Reports (Idaho). Prid. & C Prideaux & Cole's Reports (English), New Sessions Cases, vol. 4. Prin. Deo Printed Decisions (Sneed's), Kentucky. Priv. Coniic. App. • . Privy Council Appeals. Prob. Div Probate Division, English Law Reports. Prob. Rep Probate Reports. Prob. Rep. Ann Probate Reports Annotated. Prob. & Adm. Div. . . Probate and Admiralty Division, Law Re- ports. Prob. & Div Probate and Divorce, English Law Reports. Prob. & Mat Probate and Matrimonial Cases. Prop. Iiawyer N. S. . . Property Lawyer, New Series (periodical), England. Pronty Vermont Reports, vols. 61-68. Ppt. Rep Practice Reports. Psych. & M. L. J Psychological and Medico-Legal Journal, New York. Pugs Pugsley's Reports, New Brunswick. Pugs. & Bnrb Pugsley & Burbridge's Reports, New Bruns- wick. Pulsif er Pulsifer's Reports (65-68 Maine). Pump Ct Pump Court (London). Piinj. Reo Punjab Record. Purd. Dig Purden's Digest Pennsylvania Laws. Pylie ?yke's Lower Canada King's Bench Reports. Q Q Quadragesms (Year Books Part IV) ; — Que- bec ; — Queensland. ABBREVIATIONS OF LAW PUBLICATIONS. 429 Q. B. Q. B. Div. (or Q. D.) B. , Queen's Bench ; — Queen's Bench Reports (Adolphus & Ellis, New Series); — English Law Reports, Queen's Bench (1841-1852); — Queen's Bench Reports, Upper Canada ; -Queen's Bench Reports, Quebec. Q. B. (1891) Q. B. R. Q. B. U. C. Q. F. R. ... Q. L. B. ... Q. B Q. B, Q. B. Qnadr Qneb. Ti. B. Queb. Q. B. Queens. li. R. Qnin. (or Qnincy) Quiuti, Quinto . . . . Queen's Bench Division, English Law Re- ports (1876-1890). . . Law Reports, Queen's Bench, 1891. . . Queen's Bench Reports, by Adolphus & Ellis (New Series). . . Queen's Bench Reports, Upper Canada. . . Quebec Practice Reports. . . Quebec Law Reports ; — Queensland Law Re- ports. . . Oflacial Reports, Province of Quebec. . . Quebec Reports, Queen's Bench. . . Quadragesms (Tear Books, Part IV). . . Quebec Law Reports, two series, Queen's Bench or Superior Court. . . Quebec Queen's Bench Reports. . . Queensland Law Reports. . . Quincy, Massachusetts Reports. . . Year Book, 5 Henry V. B. G, R. I. R. J. R. A Registration Appeals ; — Regular Appeals. R, c Rolls of Ctourt ; — Record Commissioners ;— Railway Cases ; — Registration Cases ; Re- vue Critique, Montreal. R. C. & C. B Revenue, Civil, and Criminal Reporter, Cal- cutta. Regulae Generales (Ontario). Rhode Island ; — Rhode Island Reports. & p. J Revenue, Judicial, and Police Journal Cal- cutta. R. I, Revue Legale. R. Ii. & S Ridgeway, Lapp & Schoales' Irish King's Bench Reports. R. Ii. & W Robert, Learning, & Wallis' English County Court Reports. R. M. Ch R. M. Charlton's Georgia Reports. R. p. c. Real Property Cases, English ; — Reports Pat- ent Cases. R. P. & W (Rawle) Penrose & Watts' Pennsylvania Re- ports. R. R & Can. Ca8. . . . Railway and Canal Oases, English. 430 APPENDIX. R. t. F (Reports temp.) Finch, English Chancery. R, t. H. Reports temp. Hardwicke (Liee), English King's Bench; Reports temp. Holt (Cases Concerning Settlement). B. t. Hardw Reports temp. Hardwicke, English King's Bench. R. t. Holt Reports temp. Holt, English King's Bench. R. t. Q. A Reports temp. Queen Anne (11 Modern). R. & C. Cas Railway and Canal Cases, English. R. & C. N. So Russell & Chesley's Reports, Nova Scotia. R. & G. N. Sc Russell & Geldert's Reports, Nova Scotia. R. & H. Dig Robinson & Harrison's Digest (Ontario;. R. & J. Dig Robinson & Joseph's Digest (Ontario). B. & M. Russell & Mylne's English Chancery Reports ; — Ryan & Moody's English Nisi Prius Re- ports. R. & M. C. C Ryan & Moody's Crown Cases Reserved, Eng- lish. R. & M. Dig Rapalje & Mack's Digest of Railway Law. R. & M. N. F Ryan & Moody's Nisi Prius Cases, English. R. & R. C. C Russell & Ryan's English Crown Cases, Re- served. Ra. Ca. English Railway and Canal Cases. Rader Missouri Reports, vols. 137-156. Rail. & Can. Cas Railway and Canal Cases, English ; — Railway and Canal TraflSc Cases. Ram Cas. P. & E. ... Ram's Cases of Pleading and Evidence. Ram Iieg. Jndm. (Towns. Ed.) Ram's Science of Legal Judgment. Notes by Townshend. Bam. & Mor Ramsey & Morin's Montreal Law Reporter. Band Randolph's Virginia Reports ; — Randolph's Reports 21-56 Kansas; — Randolph's Re- ports 7-11 Xjouisiana Annual; — Randall, Ohio State Reports, vols. 52-71. Raney Raney's Reports (16-20 Florida). Rang. Dec Spark's Rangoon Decisions, British Burmab. Rap. Fed. Bef . Dig. . . Rapalje's Federal Reference Digest. Rap. Jnd. Q. B. B. . . Rapport's Judiciaries de Quebec Cour du Banc de la Reine. Bap. Jnd. Q. C. S. . . Pi,apport's Judiciaries de Quebec Cour Superi- eure. Bap. Lar Rapalie on Larceny. Bap. N. Y. Dig Rapalje's New York Digest. Batt. Ii. C Rattigan's Leading Cases on Hindoo Law. Baw. (cT I.?rv7lo) . . . Rawle's Pennsylvania Reports. Bawle Pen. & W. . . . (Rawle) Penrose & Watts, Pennsylvania. Haym Lord Raymond's English King's Bench Re- ports. ABBREVIATIONS OF LAW PUBLICATIONS. 431 Baym. lid Lord Raymond's English King's Bench Re- ports. Baym. Sir T Sir Thomas Raymond's English King's Bench Reports. Baymond Iowa Reports, vols. 81-89. Bayn Rayner's English Tithe Oases. Be-af Re-affirmed. Be. de J Revue de Jurisprudence, Montreal. lie. de Ij Revue de Jurisprudence et Legislation, Mon- treal. Beal Est. Bee Real Estate Record, New York. Beal Pr. Cas Real Property Cases (English). Bee. Records; — Recorder; — ^American Law Record. Bee. Dec Vaux's Recorder's Decisions, Philadelphia. Bed Redfield's New York Surrogate Reports ; — Reddington, Maine. Bed. Am. B. B. Cas. . Redfield's American Railway Cases. Bed. Cas. B. B. .... Redfield's Leading Cases on Railroads. Bed. Cas. Wills Redfield's Leading Cases on Wills. Bed. B. B. Cas Redfield's Leading Cases on Railroads. Bed. & Big. Cas. B. & N Redfield & Bigelow's Leading Cases on Bills and Notes. Bsdf. (or Bedf. Surr.) Redfield's New York Surrogate Reports. Bedington . Redington's Reports (31-35 Maine). Beed Fraud Reed's Leading Cases' on Statute of Frauds. Reese Reporter vols. 5 and 11, Heiskell's Tenn. Rep. Beg. App Registration Appeals. Beg. Cas Registi'ation Cases. Beg. Om. Brev Registrum Omnium Brevium. ReiJly. Reilly's English Arbitration Cases. Bern. Cr. Tr Remarkable Criminal Trials. Bern. Tr Cummins & Durphy's Remarkable Trials. Bern. Tr. No. Ch. . . . Benson's Remarkable Trials and Notorious Characters. Bemy Indiana Reports, vols. 145-154, also Indiana Appellate Court Reports. Bep. (1, 2, etc.) Coke's English King's Bench Reports. Rep Report — Reports — Reporter ; ^Repealed ; — Wallace's "The Reporters." Bep. Ass. Y (Clayton's) Reports of Assizes at Yorke. Bep. Cas. Eq Gilbert's Chancery Reports. Bep. Cas. Madr Reports of Cases, Dewanny Adawlut, Madras. Bep. Cas. Pr Reports of Cases of Practice (Cooke's). Bep. eh Reports in Chancery, English. Bep. Ch. Pr Reports on Chancery Practice. Bep. Oom. Cas Reports on Commercial Cases, Bengal. Bep. Const. Ct Reports of the Constitutional Court, South Carolina (Treadway, Mill, or Harper). 432 APPENDIX. Rep. Cr. L. Com Reports of Criminal Law Commissioners. Rep. Eq Gilbert's Englisli Reports in Equity. Rep. in Ch Reports in Chancery, English. Rep. Q. A. Report temp. Queen Anne (11 Modern). Rep. Sel. Cas. Ch. . . . Kelynge's (W.) Reports English Chancery. Rep. t. Finch (Reports temp.) Finch, English Chancery. Rep. t. Hard Lee's Reports temp. Hardwicke, English King's Bench Reports. Rep, t. Holt Reports temp. Holt (English Cases of Settle- ment). Rep. t. O. Br Carter's English Common Pleas Reports temp. O. Bridgman. Rep. t. Q. A Reports temp. Queen Anne (11 Modern Re- ports). Rep, t. Talb Reports temp. Talbot, English Chancery. Rep. Torke Ass Reports of Assizes at Yorke (Clayton's Re- ports). Reports Coke's English King's Bench Reports. Rettie Rettie, Crawford & Melville's Scotch Session Cases (4th series). Rev. C. & C. Rep. . . . Revenue, Civil, and Criminal Reporter, Ben- gal. Rev. Ord. N. 'W. T. . . Revised Ordinances, Northwest Territories, (Canada) 1888, Rev. St Revised Statutes. Reyn Reynold's Reports (40-42 Mississippi). Rice Rice's South Carolina Law Reports. Rice Eq. (or Ch.) . . . Rice's South Carolina Equity Reports. Rich Richardson's South Carolina Law Reports; — Richardson's Reports (2-5 New Hamp- shire). Rich. Ch. (or Eq.) . . . Richardson's South Carolina Equity Reports. Rich. Ct. CI Richardson's Court of Claims Reports. Rich. Eq. (or Ch.) Cas. Richardson's South Carolina Equity Cases. Rich. N. S Richardson's Reports, South Carolina, New Series. Rich. Pr. Reg Richardson's Practical Register, English Common Pleas. Rich. & H Richardson & Hook's Street Railway Deci- sions. Rich. & W Richardson & Woodbury's Reports (2 New Hampshire). Ridg. (or Ridg. t. Hard, or F Jas.; or Ridg. & Hard.) . . Ridgeway's Reports temp. Hardwicke, Chan- cery and K. B. Ridg. Ap. (or P. C.) . . Ridgeway's Irish Appeal (or Parliamentary) Cases. ABBREVIATIONS OF LAW PUBLICATIONS. 433 Ridg. Ii. & S Rldgeway, Lapp & Schoales' Irish Term Re- ports. Bidg. Pari Kidgeway's Irish Appeal (or Parhamentary) Oases. Bidg. Bep. (or St. Tr.) Eidgeway's (Individual) Reports of State Tri- als in Ireland. Bidgew. Ridgeway (see Ridg.). Bied Riedell, New Hampshure Reports, vols. 68- 69. Bil. (or Biley) Riley's South Carolina Law Reports; — Riley, West Virginia Reports, vols. 37-42. Bil. (or Biley) Eti. (or Oi.) Riley's South Carolina Chancery Reports. Bil. Harp Riley's Edition of Harper's South Carolina Reports. Biner Wyoming Reports, vol. 2. Biv. Ann. Beg Rivington's Annual Register. Boll. Robinson's Virginia Reports; — Robinson's Louisiana Reports; — Robinson, vols. 17-23 and vols. 2-9 Appeals, Colorado; — Robert- son's New York Superior Court Reports; — Robinson's English Ecclesiastical Reports; — Chr. Robinson's English Admiralty Re- ports; — ^W. Robinson's English Admiralty Reports; — Robinson's Scotch Appeal Cases; — Robertson's Scotch Appeal Cases; — Rob- inson's Reports (38 California); — Robinson's Reports (1-4 Louisiana Annual); — Robert's Reports (29-31 Louisiana Annual); — Rob- ard's Reports (12-13 Missouri); — Robard's Conscript Cases, (Texas); — Chr. Robinson's Upper Canada Reports; — J. L. Robinson's Upper Canada Reports; — Robertson's Re- ports (1 Hawaiian); — ^Robinson, vol. 1, Ne- vada. Bob. App Robertson's Scotch Appeal Cases. Bob. Cas Robertson's Scotch Appeal Cases. Bob. Chr Chr. Robinson's English Admiralty Reports. Bob. Ccnsc. Cas Robard's Conscript Cases, Texas. Bob. Ecc Robertson's English Ecclesiastical Reports. Bob. Jnn William Robertson's English Admiralty Re- ports. Bob. Ii. & W Roberts, Learning «& Wallis' County Court Reports. Bob. I.a Robinson's Louisiana Reports. Bob. S. I Robertson's Sandwich Island (Hawaiian) Re- ports. Bkief Mak.— 28 434 APPENDIX. Bob. Se. App Robinson's Scotch Appeals, English House of Lords; Rob. Sr. Ct Robertson's New York Superior Court Re- ports. Rob. V. C Robinson's Reports, Upper Canada. Rob. Va Robinson's Virginia Reports. Rob., ■Wm. Adm William Robinson's English Admiralty Re- ports. Robards Robards' Reports (1 2 and 13 Missouri) ; — Robards' Texas Conscript Cases. Robards & Jackson. . Robards & Jackson's Reports (26-27 Texas). Robb (or Robb Fat. Cas.) Robb's United States Patent Gases. Roberts Roberts' Reports (29-31 Louisiana Annual). Robertson Robertson's Scotch Appeal Cases; — Robert- son's New York Superior Court Reports; — Robertson's New York Marine Court Re- ports; — Robertson's English Ecclesiastical Reports; — Robertson's Hawaiian Reports; — see also Rob. Robin. App Robinson's Scotch Appeal Cases. Robinson Chr. Robinson's English Admiralty Reports; — W. Robinson's English Admiralty Re- ports; — Robinson's Virginia Reports; — Rob- inson's Louisiana Reports; — Robinson's Scotch Appeal Cases; — Robinson's Reports (38 California); — Chr. Robinson's Reports, Upper Canada; — J. L. Robinson's Reports, Upper Canada; — Robinson, Colorado; — Robinson, Nevada Reports, vol. 1. Robt Robert; — Robertson. Rodman Rodman's Reports (78-82 Kentucky). Rogers Louisiana Reports, vols. 47-51. Rol. (op Roll.) RoUe's English K. B. Reports. BoU Roll of the Term. Rolle Rolle's English King's Bench Reports. Rolle Abr Rolle's Abridgment. Rolls Ct. Rep Rolls' Court Reports. Rom Romllly's Notes of Cases English Chancery. Root Root's Connecticut Reports. Rose. Jnr Roscoe's Jurist, London. Rose. N. P Roscoe's Nisi Prius. Rose (or Rose B. C.).. Rose's Reports, English Bankruptcy. Rose Notes Rose Notes on U. S. Reports. Rose W. O Rose Will Case, New York. Boss I.dg. Cas Ross, Leading Oases on Commercial Law. Bot. Flor Rotae Florentine (Reports of the Supreme Court, or Rota, of Florence). ABBREVIATIONS OV LAW PUBLICATIONS. 435 Bowe Rowe's Interesting Parliamentary and Mili- tary Cases. Bowe Rep Rowe's Reports (Irish). Bowell Rowell's Reports (45-52 Vermont). Roy. Dig Royall's Digest Virginia Reports. Rt. Law Repts Rent Law Reports, India. Rucker West Virginia Reports, vols. 43-46. Rnff. (or Ruff. & H.)..Ruffin's (& Hawk's) North Carolina Reports. Bunnell Runnell's Reports (38, 56 Iowa). Rus Russell. Russ Russell's English Chancery Reports. * Rnss. Elect. Cas Russell's Election Cases, Nova Scotia; — Rus- sell's Election Cases, Massachusetts. Russ. Eq. Rep Russell's Equity Decisions, Nova Scotia. Rnss. N. Sc Russell's Equity Oases, Nova Scotia. Buss. t. Eld Russell's English Chancery Reports temp. Elden. Buss. & Ctes Russell & Chesley's Reports, Nova Scotia. Russ. & Clies. Eq. . . . Russell & Chesley's Equity Reports, Nova Scotia. Rnss. & Geld Russell & Geldert's Reports, Nova Scotia. Russ. & M Russell & Mylne's English Chancery Re- ports. Rnss. Ry Russell & Ryan's English Crown Cases Re- served. Rntg. Cas Rutger-Wadington Case, New York City, 1784. Ry. Cas Reports of Railway Cases. By. & Can. Cas Railway and Canal Cases, England. By. & Can. Traf. Ca.. Railway and Canal Traffic Cases. By. & Corp. Law Jour Railway and Corporation Law Journal. By. & M Ryan & Moody's Nisi Pi-ius Reports, Eng- lish. By. & M. N. P Ryan & Moody's Nisi Prius Reports, English. g Shaw, Dunlop, & Bell's Scotch Court of Ses- sion Reports (1st Series); — Shaw's Appeal Oases, House of Lords, Scotland; — New York Supplement; — see Supreme Court Re- porter. S. A. L. R South Australian Law Reports. s! App. Sliaw's Scotch House of Lords (Appeal) Cases. S. Aust. L. R South Australian Law Reports. g B Upper Bench, or Supreme Bench. 436 APPENDIX. S. C South Carolina; — South Carolina Reports, New Series; — Same Case; — Superior Court; — Supreme Court; — Sessions Cases; — Sam- uel Carter, (see Orlando Bridgman). S. C. A Supreme and Exchequer Courts Act (Can- ada). S. C. Bar Assn South Carolina Bar Association. S. C. C Select Chancery Oases (part 3 of Cases in Chancery); Small Cause Court, India. S. C. Dig Cassell's Supreme Court Digest (Canada). S. C. E Select Cases Relating to Evidence (Strange). S. C. R South Carolina Reports, New Series; — Har- per's South Carolina Reports; — Supreme Court Reports; Supreme Court Rules; — Supreme Court of Canada Reports. S. Car South Carolina; — South Carolina Reports, New Series. S. D South Dakota. S. D. A Sudder Dewanny Adawlut Reports, India. S. D. & B Shaw, Dunlop & Bell's Scotch Court of Ses- sion Reports (1st Series). S. D. & B. Sup Shaw, Dunlop & Bell's Supplement, contain- ing House of Lord's Decisions. S. E Southeastern Reporter. S. F Used by the West Pub. Co. to locate place where decision is from, as, "S. F. 59," San Francisco Case No. 59 on Docket. S. F. A Sudder Foujdaree Adawlut Reports, India. S. Just Shaw's Justiciary Cases, Scotland. S. L. C Smith's Lieading Cases. S. Ii. C. App Stuart's Lower Canada Appeal Cases. S. Ii. J. Scottish Law Journal, Edinburgh. S. R State Reporter, N. Y. S. S Synopsis Series of United States Treasury Decisions. S. S. O Sanford's New York City Superior Court Re- ports. S. T. (or St. Tri.) . . . State Trials. S. Xeind Shaw's Telnd Cases, Scotland. S. T. D Synopsis Treasurer's Decisions. S. V. A. R Stuart's Vice-Admiralty Reports, Quebec. S. W Southwestern; — Southwestern Reporter. S. & B Smith & Batty's Irish King's Bench Reports. S. & C Saunder & Cole's English Bail Court Reports; Swan & Critchfield, Revised Statutes, Ohio. S. & D Shaw, Dunlop, & Bell's Scotch Coiui; of Ses- sion Reports (1st series). S. & G. Smale & GifCard, English. ABBREVIATIONS OF LAW PUBLICATIONS. 437 S. & Ij Schioales & Lefroy's Irish Ohancery Re- ports. S. & M Shaw & MacLean's Appeal Oases, House of Lords; — Smedes & Marshall's Mississippi Reports. S. & M. Ch Smedes & Marshall's Mississippi Chancery Reports. S. & B Sergeant & Rawle's Pennsylvania Reports. S. & S Sausse & Scully's Irish Rolls Court Reports; — Simons & Stuart, English Vice-Chancel- lors' Reports; — Swan & Sayler, Revised Statutes of Ohio. S. & Sm Searle & Smith's English Probate and Di- vorce Reports. S. & T Swabey & Tristram's English Probate and Divorce Reports. Sal Salinger, Iowa Reports, vols. 90-108. Salk Salkeld's English King's Bench Reports. Salm. Abr Salmon's Abridgment of State Trials. Salm. St. B Salmon's Edition of the State Trials. Sand Sandford's New York Superior Court Re- ports. Sand. Ch. Sandford's New York Ohancery Reports. Sand. I. Bep Sandwich Island (Hawaiian) Reports. Sandf Sandford's New York Superior Court Re- ports. Sandf. Ch Sandford's New York Chancery Reports. Sandl. St. Pap Sandler's State Papers. Sanf Sanford, Alabama Reports, vol. 59. Sar. Ch. Sen Saratoga Chancery Sentinel. Sauls Saulsbury, Delaware Reports, vols. 5-6. Sau. & So Sausse & Scully's Irish Rolls Court Reports. Sannd Saunder's English King's Bench Reports. Saund. & C Saunders & Cole's English Bail Court Re- ports. Sannd. & Mae Saunders & Macrae's English County Court Cases. Sausse & So Sausse & Scully's Irish Rolls Court Reports. Sav ?avile's English Common Pleas Reports. Sav. Priv Trial of the Savannah Privateers. Saw. (or Sawy.) .... Sawyer's United States Circuit Court Re- ports. Sax. (or Sazt.) Saxton's New Jersey Chancery Reports. Say Sayer's English King's Bench Reports. Se Scilicet (that is to say); — Scaccaria (Excheq- uer); — Scott's Reports, English Common Pleas; — Scotch; — Scammon's Illinois Re- ports. 438 APPENDIX. So. Jnr Scottish Jurist. So. L. R Scottish Daw Reporter, Edlnburgb. So. N. R Scott's New Reports. Sc. Sess. Cas Scotch Court of Session Cases. So. & Div. App Scotch and Divorce Appeals (Law Reports). Scao Scaccarla Curia (Court of Exchequer). Scam Scammon's Reports (2-5 Illinois). Sch. & Iief Schoales & Lefroy's Irish Otoantery Reports. Schalk Schalk's Jamaica Reports. Scher Scherer, New York Miscellaneous Reports. Sci. fa. ad dis. deb. . . Scire facias ad disprobandum dehitum. Sco Scott's English Common Pleas Reports. Sco. N. R Scott's New Reports, English Common Pleas. Soot Scotland; — Scottish. Scot. Jnr Scottish Jurist, Edinburgh. Scot. L. R Scottish Law Reporter, Edinburgh; — Scottish Law Review, Glasgow. Scot L. T Scot's Law Times (Edinburgh). Scott Scott's English Common Pleas Reports; — Scott's N. Y. Civil Procedure. Scott J Reporter English Common Bench Reports. Scott N. R Scott's New Reports, English Common Pleas. Sor. L. T Scranton Law Times, Pennsylvania. Searle & Sm Searle & Smith's English Probate and Di- vorce Reports. Sec. leg Secundum legum (according to law). Sec. reg Secundum regulam (according to rule). Seed. pt. Edw. III. . . . Part 3 of the Year Books. Seed. pt. H. VI Part 8 of the Year Books. Sedg. Ii, Cas Sedgwick's Leading Cases on Damages; — Sedgwick's Leading Cases on Real Prop- erty. Seign. Rep Seignorial Reports, Lower Canada. Sel. Cas. Ci Select Oases in Chancery (part 3 of Cases in Chancery). Sel. Cas. D. A Select Cases (Sudder), Dewanny Adawlut, India. Sel. Cas. Ev Select Cases in Evidence (Strange). Sel. Cas. N. F. Select Cases, Newfoundland. Sel. Cas. N. W. P. . . . Selected Cases, Northwest Provinces, India. Sel. Cas. N. Y Yates' Select Cases, New York. Sel. Cas. t. Br (Cooper's) Select Cases temp. Brougham. Sel. Cas. t. King .... Select Cases in Chancery temp. King. Sel. Cas. t. Nap (Drury's) Select Cases temp. Napier, Irish Chancery. Sel. Cas. with Opln. . Select Cases with Opinions, by a Solicitor. Sel. Deo. Bom1>. ..... Selected Decisions, Sudder Dewanny Adaw- lut, Bombay. ABBREVIATIONS OF LAW PUBLICATIONS. 439 Sel. Dec. Madr Select Decrees, Sudr TJdawlut, Madras. Sel. Fr Sellon's Practice. Seld Seidell's Eeports (5-10 New York CJourt of Appeals). Seld. Notes Selden's Notes, New York Court of Appeals. Selw. N. P Selwyn's Law of Nisi Prlus. Selw. & Barn The First Part of Baruewall & Alderson's English K. B. Reports. Serg. & IiO-wb. Rep. . . English Common Law Reports, American re- prints edited by Sergeant & Lowber. Serg. & B Sergeant & Rawle's Pennsylvania Reports. Sess. Caa Sessions Cases (English King's Bench Ee- ports) ; — Scotch Court of Sessions Cases. Sejss. Cas. Sc Session Cases, Scotch Court of Sessions. Sess. Pap. C. C. C. . . . Session Papers, Central Criminal Court. Sess. Pap. O. B Session Papers, Old Bailey. Set. (or Sett. & Bern.) Cas English Settlement and Removal Oases (Bur- row's Settlement Oases). Sev. H. C Sevestre's High Court Eeports, Bengal. Sev. S. D. A Sevestre's Sudder Dewaney Adawlut Ee- ports, Bengal. Sh Shower's English Parliamentary Oases; — Shower's English King's Bench' Reports; — Shepley's Reports (13-18 and 21-30 Maine) ; — Shaw's Scotch Appeal Cases; — Shaw, etc.. First Series Scotch Court of Session Cases; — Shaw's Scotch Justiciary Cases; — Shaw's Scotch Teind Court Eeports; — G. B. Shaw's Reports (10, 11 Vermont); — ^W. G. Shaw's Eeports (30-35 Vermont); — Shire- ley's Reports (49-55 New Hampshire); — Sheldon's Buffalo (N. Y.) Superior Court Reports; — Shepherd's Reports (Alabama); — Shipp's Reports (66, 67 North Carolina); — Shand's Eeports (11-44 South Carolina); — Shadforth's Reserved Judgments, Vic- toria. Sh. App Shaw's Scotch Appeal Cases. Sh. Crim. Cas Shaw's Criminal Oases (Justiciary Court). Sh. Big Shaw's Digest of Decisions, Scotland. Sh. Jus Shaw's Justiciary Oases, Scotland. Sh. W. & C Shaw, Wilson & Courtenay's Scotch Appeals Eeports (Wilson & Shaw's Reports). Sh. & Dunl Shaw & Dunlop's Scotch Court of Session Reports (1st Series). Sh. & Macl Shaw & Maclean's Scotch Appeal Cases. Shad. Shadford's Victoria Reports. 440 APPENDIX. Shan Shannon, Tennessee Cases, 3 volumes. Shand Stand's Reports (11-44 South Carolina, N. S.). Shars. Tab. Ca Sharswood Table of Cases, Connecticut Shars. & B s'liarswood's Table of Cases, Connecticut. Siaw Shaw, Scotch Appeal Cases; — Shaw, etc., 1st Series Scotch Court of Session Oases; — Shaw's Scotch Justiciary Cases; — Shaw's Scotch Teind Court Reports; — 6. B. Shaw's Reports (10, 11 Vermont); — W. G. Shaw's Reports (30-35 Vermont). Shaw Dec Shaw (etc.) Decisions in the Scotch Court of Sessions (1st Series). Shaw, Dnnl. & B. . . . Shaw, Dunlop & Bell's (1st Series) Scotch Session Oases. Shaw (G. B.) G. B. Shaw's Reports (10, 11 Vermont). Shaw, H. Ii Shaw's Scotch Appeal Cases, House of Lords. Shaw Jus Shaw's (John) Scotch Justiciary Cases. Shaw T. Cas Shaw's Scotch Teind Court Cases. Shaw (W. G.) W. G. Shaw's Reports (30-35 Vermont). Shaw, W. & C Shaw, Wilson & Courtenay, (Scotch same as Wilson & Shaw). Shaw & Macl Shaw & Maclean, Scotch. Shel •. Sheldon (see Sheld.). Shel. Ca Shelley's Case in 1 Coke Reports. Sheld. (or Sheldon) . . Sheldon's Reports, Superior Court of Buffalo, N. Y. Shep Shepley's Reports (13-18 and 21-39 Maine); — Shepherd's Reports, (Alabama). Shep. Sel. Cas Sheppard's Select Cases, Alabama. Shep. Touch Sheppard's Touchstone. Sher. Ct. Bep Sherite Court Reports, Scotland; — Sheriff Court Reporter. Shiel Shiel's Reports, Cape Colony. Shipp Shipp's Reports (66, 67 North Carolina). Shirl Shirley's Reports (49-55 New Hampshire). Show Shower's Parliamentary Cases; — Shower's K. B. Reports. Show. K. B Shower's English King's Bench Reports. Show. P. C Shower's English Parliamentary Cases. Sick Slckels, New York Court of Appeals Reports, vols. 46-146. Sick. Min. Dec Sickels' Mining Laws and Decisions. Sick. Op Sickels' Opinions of the -New York Attor- neys-General. Sid Siderfin's English King's Bench Reports. Silv. ,. Silvernail, Unreported Cases N. Y. Court of Appeals; — Unreported Oases N. Y. Supreme Court; — Criminal Reports, N. Y. ABBREVIATIONS OF LAW PUBLICATIONS. 441 Silv. Cit Silvernail's New York Citations. Sim Simon's English Vice-Cliancery Reports; — Simmons' Wisconsin Reports, vols. 95-97, 99. Sim. N. S Simon's English Vice-Chancery Reports, New Series. Sim. & C Simmons & Conover, Wisconsin Reports, vols. 95-97, 99. Sim. & Stn. (or Sim. & S.) Simons & Stuart's English Vice-Chancery Reports. Sinclair Sinclair's Manuscript Decisions, Scotch Ses- sion Cases. Sir T. J Sir Thomas Jones' Reports. Six Ciro Cases on the Six Circuits, Irish. Skill. Pol. Rep Skillman's New Tort Police Reports. Skin Skinner's English King's Bench Reports. Skinker Skinker's Reports (65-79 Missouri). Slade Slade's Reports (15 Vermont). Sm. C. C. M Smith's Circuit Courts-Martial Reports, Maine. Sm. Cond. Ala.. .... Smith's Condensed Alabama Reports. Sm. E, D E. D. Smith's Reports, N. T. Sm. Ii. C Smith's Leading Oases. Sm. L. Cas. Com. Tt. , . Smith's Leading Cases on Commercial Law. Sm. & B. R. R. Cas. . . Smith & Bates' American Railway Cases. Sm. & Bat Smith & Batty's Irish Bang's Bench Reports. Sm. & G Smale & GifCard's English Vice-Chancellors' Reports; — Smith & Guthrie, Missouri Ap- peal Reports, vols. 81-83. Sm. & M Smedes & Marshall's Mississippi Reports. Sm. & M. Ch Smedes & Marshall's Mississippi Chancery Reports. Sma. & Giff Smale & Giffard's English Vice-Chancellors' Reports. Smed: & M Smedes & Marshall's Mississippi Reports. Smed. & M. Ck Smedes & Marshall's Mississippi Chancery Reports. Smi. & Bat Smith & Batty's Irish King's Bench Reports. Smitk Smith's New Hampshire Reports; — Smith (vols. 2-4 Dakota);— J. P. Smith's English King's Bench Reports; — Smith, in contin- uation of Fox & Smith; — Smith, English Registration; — P. F. Smith's Pennsylvania State Reports; — E. P. Smith's Reports (15- 27 New York Court of Appeals); — E. D. Smith's New York Common Pleas Reports; —Smith, E. H., (New York Court of Ap- 442 APPENDIX. Smith (Cont'd) peals, vols. 147-160);— Smith's Keports (54- 62 California); — Smith's Reports Indiana; — Smith's Reports (61-64 Maine); — Smith's Reports (1-11 Wisconsin); — Smith, E. B., (vols. 21-47 Illinois Appeals Report); — Smith, vols. 7 and 12 Heiskell's Tennessee Reports; — Smith, Mo. App. Bepts., vols. 81-83. Smith O. P. (or E. D.).. B. D. Smith's Common Pleas Reports, New York. Smith E. H New York Court of Appeals, 15-27; 147-162. Smith E. P. (or Ct. App.) E. P. Smith's Reports (15-27 New York Court of Appeals). Smith Ind Smith's Indiana Reports. Smith (J. P.) J. P. Smith's English King's Bench Reports. Smith L. C Smith's Leading Cases. Smith Me Smith's Reports (61-64 Maine). Smith N. H Smith's New Hampshire Reports. Smith N. Y Smith's Reports, vols. 15-27 and 147-162 New York Court of Appeals. Smith P. F. (op Pa.). . P. F. Smith's Pennsylvania State Reports. Smith Wis Smith's Reports (1-11 Wisconsin). Smith & B. R. B. C. . . Smith & Bates' American Railway Cases. Smith & B Smith & Batty's Irish King's Bench Reports; — Smith & Bates' American Railway Cases. Smith & G. Smith & Guthrie, Mo. App. Reports. Smonlt Notes of Cases in Smoult's Collection of Or- ders, Calcutta. Smy, (or Smythe) . . . Smythe's Irish Common Pleas Reports. Sneed Sneed's Tennessee Reports; — Sneed's Ken- tucky Decisions. Sneed Dec Sneed's Kentucky Decisions. Snow Utah Reports, vol. 3. So. Ans. Ij, B South Australian Law Reports. So. Car South Carolina; — South Carolina Reports. So. Car. Const South Carolina Constitutional Reports (by Treadway, by Mill, or by Harper). So. Car. L. J South Carolina Law Journal, Columbia. So. East. Rep Southeastern Reporter. So. Rep Southern Reporter. So. West. Rep Southwestern Reporter. Soc. Econ Social Economist. Sol. J Solicitors' Journal, London. Sol. J. & R Solicitors' Law Journal and Reporter, Lon- don. Son. Aus. Ii. R South Australian Law Reports. Sonth Car South Carolina. ABBREVIATIONS OF LAW PUBLICATIONS. 443 Southard Southard's New Jersey Reports. Sonthw. li. J Southwestern Law Journal and Reporter. Sp Spink's English Ecclesiastical and Admiralty Reports; — Spear's South Carolina Law Re- ports. Sp. Eq. (or Ch.) .... Spear's South Carolina Equity Reports. Sp. Pr. Cas Spink's Prize Cases. Sp. & Sel. Cas Special and Selected Law Cases. Sparks Sparks' Reports, British Burmah. Spanlding Spaulding's Reports (71-80 Maine). Spear (or Speer) .... Spear's (or Speer's) South Carolina Law Re- ports. Spear (or Speer) Eq. . Spear's (or Speer's) South Carolina Equity Reports. Spel. Rep Spelman's Reports, . Manuscript, English King's Bench. Spencer Spencer's New Jersey Reports; — Spencer's Reports (10-20 Minnesota). Spinks Spinks' English Ecclesiastical and Admiralty Reports. Spinks P. C Spinks' English Prize Cases. Spooner Spooner's Reports (12-15 Wisconsin). Spottis Sir R. Spottiswoode's Reports, Scotch Court of Session. Spottis. C' Ii. & Eq. Rep Common Law and Equity Reports, published by Spottiswoode. Spr. (or Sprague) . . . Sprague's United States District Court (Ad- miralty) Decisions. St State; — Story's United States Circuit Court Reports (see Sto.); — Stair's Scotch Court of Session Reports; — Stuart (Milne & Peddie) Scotch Session Cases; — Statutes. St. Cas Stillingfleet's Ecclesiastical Cases, English. St. Ch. Cas Star Chamber Cases. St. Clem St. Clement's Church Case, Philadelphia. St. Ecel. Cas Stillingfleet's Ecclesiastical Cases. St. Mark St. Mark's Church Case, Philadelphia. St. M. & P Stuart, Milne & Peddie, Scotch. St. Rep State Reports; — State Reporter. Sm. Eq Smith's (J. W.) Manual of Equity; — Smith's Principles of Equity. St. Tr The State Trials (English). Stafford Vermont Reports, vols. 69-71. Stair Stair's Reports, Scotch Court of Session. Stanton Stanton's Reports (11-13 Ohio). Star Starkie's English Nisi Prius Reports. Star Ch. Ca Star Chamber Cases. 444 APPENDIX. Stark. X. P Starkie's English Nisi Prius Reports. Stat, at I. United States Statutes at Large. State Tr State Trials, English. Steph. Dig Stephen's Quebec Law Digest. Stev. Dig Steven's New Brunswick Digest. Stevens & G Stevens & Graham, Georgia Reports, vols. 80- 111. Stew Stewart's Alabama Reports; — Stewart's N. J. Equity Reports; — Stewart, R. W., South Dakota, vols. 1-10. Ste^r. Adm. (or V. A.) Stewart's Vice-Admiralty Reports, Nova Sco- tia. Stew. Eq Stewart's Reports (28-45 New Jersey Equity). Stew. (N. J.) Stewart's New Jersey Equity Reports. Stew. N. Sc Stewart's Admiralty Reports, Nova Scotia. Stew. & P Stewart & Porter's Alabama Reports. Stiles Stiles' Reports (22-29 Iowa). Still. Eccl. Cas Stillingfleet's Ecclesiastical Cases. Stiness Rhode Island Reports, vols. 20-21. Sto. (or Sto. C. C.) . . . Story's United States Circuit Court Reports. Stock Stockton's New Jersey Equity Reports; — Stockton New Brunswick, (same as Ber- ton's Reports). Stockett Stockett's Reports (27-79 Maryland). Stockt. Ck Stockton's New Jersey Chancery Reports. Story Story's U. S. Circuit (3ourt Reports; — see also Sto. Str Strange's English King's Bench Reports. Str. Cas. £v. (or Str. 8vo.) Strange Cases of Evidence ("Octavo Strange"). Str. N. C Sir T. Strange's Notes of Cases, Madras. Stra Strange. Strakan Oregon Reports, vol. 19. Stran. Strange. Strange, Madras .... Strange's Notes of Cases, Madras. Stratton Oregon Reports, vols. 12-14. StringfeUow S triiigf ellow's Reports (9-11 Missouri). Strob Strobhart's South Carolina Law Reports. Strob. Eq. (or Ck.) . . Strobhart's South Carolina Equity Reports. Struve Washington Ter. Rep. vol. 3. Stn. Adm. (or O. A.). . Stuart's Vice-Admiralty Reports Lower Can- ada. Stu. Ap Stuart's Appeal Cases (Lower Canada King's Bench Reports). Stn. K. B. (or Ij. C). . Stuart's Lower Canada Reports. Stn. Mil. & Ped Stuart, Milne & Peddie's Scotch Court of Ses- sion Reports. ABBREVIATIONS OF LAW PUBLICATIONS. 445 Stuart Stuart's Lower Canada Reports; — Stuart's Vice-Admiralty Reports; — Stuart, Milne & Peddle's Scotch Session Cases. Stuart Ii. C. K. B. . . . Stuart's Lower Canada King's Bench Re- ports. Stuart Xi. C. V. A. ... Stuart's Lower Canada Vice-Admiralty Re- ports. Stud. Hist Studies in History, Economics and Public Law. Sty Style's English King's Bench Reports. Sty. Pr. Reg Style's Practical Register. Sud. Dew. Ad Sudder Dewanny Adawlut Reports, India. Sud. Dew. Be@ Sudder Dewanny's Reports, N. W. Provinces, India. Sum Sumner's United States Circuit Court Re- ports. Summ. Dee Summary Decisions, Bengal. Summerfield, S Nevada Reports, vol. 21. Sumn. Sumner's United States Circuit Court Re- ports. Sumn. Ves. (or Sum. Ves.) Sumner's Edition of Vesey's Reports. Sup. Ot. Beptr Supreme Court Reporter of Decisions of U. S. Supreme Court. Supp. Ves. Juu. Supplement to Vesey, Jr.'s Reports, Supr Supreme; Superior Court Reports. Surr Surrogate. Stisq. Ii. O Susquehanna Leading Chronicle. Suth Sutherland's Reports. Sutb. Bengal Sutherland's High CoiKt Reports, Bengal. Sut&. F. B. E Sutherland's Full Bench Rulings, Bengal. Sutin. P. C. J. (or A.). Sutherland's Privy Council Judgments or Ap- peals. S^tb. W- R. ...... . Sutherland's Weekly Reporter, Calcutta. Str 'Swanston's English Chancery Reports; — Swa- bey's English Admiralty Reports; — Swee- ney's New York Superior Court Reports; — Swan's Tennessee Reports; — Swin ton's Scotch Justiciary Cases; — Swan; — Sweet; —Swift. Sw. (or Swab.) & Tr. . Swabey & Tristram's English Probate and Di- vorce Reports. Swab, (or Swab. Admr.) Swabey's English Admiralty Reports. Swan Swan's Tennessee Reports; — Swanston's Eng- lish Chancery Reports. Swan. Ch Swanston's English Chancery Reports. Swam Tr Swan's Treatise, Ohio. 446 APPENDIX. Swan '41 Swan's Revised Statutes of Ohio, 1S41. Swan '54 Swan's Revised Statutes of Ohio. 1854. Swans, (op Swanst.). . Swanston's English Chancery Reports. Sween Sweeney's New York Superior Court Reports. Sweet M. Sett. Cas. . . Sweet's Marriage Settlement Cases. Swin Swinton's Scotch Judiciary Reports. Swin. Jns. Cas Swinton's Justiciary Cases, Scotland. Swin. Reg. App Swinton's Scotch Registration Appeal Cases. Syme Syme's Scotch Judiciary Reports. Syn. Ser Synopsis Series of the United States Treas- ury Decisions. T T Territory; — Tappan's Ohio Reports. T. B. Mon. T. B. Monroe's Kentucky Reports. T. B. & M Tracewell, Bowers & Mitchell, U. S. Comp- troller's Decisions, 1898, vol. 4. T. Jones (or 2 Jones).,T. Jones' English King's Bench Reports. T. Ii. B. Times Law Reports. T. B Term Reports, Durnford & East; — Teste Rege; — Dayton Term Reports. T. B. N. S Term Reports, New Series (East's Reports). T. B. (N. Y.) Calne's (Term) Reports, New York. T. B. E. (or T. E. B.). . Tempore Regis Edwardi. T, Raym Sir T. Raymond's English King's Bench Re- ports. T. T. B Tarl Town Reports, New South Wales. T. U. P. Charlt T. U. P. Charlton's Reports, Georgia. T. & C Thompson & Cook's New York Supreme Court Reports. T. & G Tyrwhitt & Granger's English Exchequer Re- ports. T. & M Temple & Mew's Crown Cases, English. T. & P Turner & Phillip's Reports, English Chan- cery. T. & R Turner's & Russel's English Chancery Re- ports. Tait Tait's Manuscript Decisions, Scotch Session Cases. Tal. (or Talb.) Cases tempore Talbot, English Chancery. Tam Tamlyn's English Rolls Court Reports. Tan. (or Taney) .... Taney's United States Circuit Court Reports. Tanner Tanner's Reports (8-14 Indiana); — Tanner, Utah Reports, 13-17. Tap. (or Tapp.) Tappan's Ohio Reports. Tarl. Term B Tarleton's Term Reports, New South Wales. ABBEEVIATIONS OF LAW PUBLICATIONS, 447 Tann. (or Taunt.) . . . Taunton's English Common Pleas Reports. Tax Iiaw Rep Tax Law Reporter. Tay Taylor (See Taylor); — ^Taylor's Reports (On- tario). Tay. J. Ij J. L. Taylor's North Carolina Reports. Tay. N. C Taylor's North Carolina Reports. Tay. U. C Taylor's Upper Canada Reports. Tay. & B Taylor & Bell's Bengal Reports. Taylor Taylor's North Carolina Reports; — Taylor's Upper Canada Reports; — Taylor's Bengal Reports. Taylor U. C Taylor's King's Bench Reports, Upper Can- ada (now Ontario). Temp Tempore (in the time of). Temp. Geo. II Cases in Chancery tempore George II. Temp. & M Temple & Mew's English Crown Cases. Teun Tennessee; — ^Tennessee Reports (Overton's). Teai. Cas Thompson's Unreported Cases, Tennessee; — Shannon's Cases, Tennessee. Tenn. Ch Cooper's Tennessee Chancery Reports. Tenn. Leg. Rep Tennessee Legal Reporter, Nashville. Term Term Reports, King's Bench (Durnford & East's Reports). Term N. C Term Reports, North Carolina, by Taylor. Terr Territory; — Terrell, Texas Reports, vols. 38- 71. Terr. & Walk Terrell & Walker's Reports (38-51 Texas). Tex Texas; — Texas Reports. Tex. App .Texas Court of Appeals Reports (Criminal Cases); — Texas Appeals Civil Cases. Tex. Civ. App Texas Civil Appeals Reports. Tex. Civ. Rep Texas Civil Reports. Tex. Crim. Rep Texas Criminal Reports. Tex. Ct. Rep Texas Court Reporter. Tex. Supp Supplement to vol. 25, Texas Reports. Th Thomas (see Thom.) — Thomson (see Thom.); Thompson (see Thomp'.). Th. C. C Thatcher's Criminal Cases, Massachusetts. Th. C. Const. Law . . . Thomas' Leading Oases in Constitutional Law. Th. & C Thompson & Cooke's New York Supreme Court Reports. Thac. Cr. Cas Thatcher's Massachusetts Criminal Cases. Thayer Oregon Reports, vol. 18. Them La Themis, Jlontreal, Quebec; — The Ameri- can Themis, N. Y. The Rep The Reporter; — The Reports. (Coke's Re- ports). 448 APPENDIX. Tho Thomas (see Thorn.) ; — Thomson see (Thom.) ; — Thompson (see Thomp.). Thorn Thomson's Reports, Nova Scotia; — Thomas' Wyoming Reports vol. 1. Thoiii, Const. Ii. (or Ij. C.) Thomas' Leading Cases on Constitutional Law. Thorn. Dec 1 Thomson, Nova Scotia Reports. Thorn. Rep 2 Thomson, Nova Scotia Reports. Thorn. Sel. Deo Thomson's Select Decisions, Nova Scotia. Thom. & Fp Thomas & Franklin's Reports (1 Maryland Chancery). Thomas Thomas' Reports, Wyoming Territory. Thomp. Cal Thompson's Reports (39, 40 California). Thomp. Cit Thompson's Citations, Ohio; — Indiana. Thomp. N. B. Cas. . . . Thompson's National Bank Cases. Thomp. Tenn. Cas. . • Thompson's Unreported Tennessee Cases. Thomp. & C Thompson & Cooke's N. Y. Supreme Court Reports. Thompson California Reports, vols. 39, 40; — Thompson's Nova Scotia Reports. Thor Thorington, Alabama Reports, vol. 107. Thorn Thornton's Notes of Cases, Ecclesiastical and Maritime. Thorpe Louisiana Reports, vol. 52. Thos Thomas (see Thom.). Tieh. Tr Report of the Tichborn Trial, London. Tidd Pr Tidd's Practice. Tiffany (or Tiff.) .... TifCany's Reports (28-39 New York Court of Appeals). Tillman Alabama Reports, vols. 68, 69, 71, 73, 75. TiU. & Yates App. . . • Tillinghast & Yates on Appeals. Times Ii. R Times Law Report. Tinw Tinwald's Reports, Scotch Court of Bes- slons. To. Jo Sir Thomas Jones' English King's Bench Re- ports. Tohey Tobey's Reports (9-10 Rhode Island). Toml. (Cas.) Tomlin's Election Evidence Cases. Toml. Snpp. Br Tomlin's Supplement to Brown's Parliamen- tary Cases. Tot. (or Toth.) Tothill's English Chancery Reports. Touch Sheppard's Touchstone. Town. St. Tr Townsend's Modern State Ti-ials. Tr. App New York Transcript Appeals. Tr. Ch Transactions of the High Court of Chan- cery (Tothill's Reports). Trace. & M Tracewell and Mitchell. U. S. Comptroller's Decisions. ABBREVIATIONS OF LAW PUBLICATIONS. 449 Trans. App Transcript Appeals, New York. Tread Treadway's South Oarolina Constitutional Reports. Tred Tredgold's Reports, Cape Colony. Tri. Bish Trial of the Seven Bishops. Tri. E. of Cov Trial of the Earl of Coventry. Tripp Dakota Reports, vols. 5-6. Tristrami Tristram's Supplement to 4 Svrabey & Tris- tram. Trn. Railir. Rep Truman's American Railway Reports. Tr-ce Trueman's New Brunswick Reports and Eq- uity Cases. Tuck Tucker's New York Surrogate Reports; — Tucker's Select Cases, Newfoundland; — Tucker, vols. 15&-175 Mass. Reports; — Tucker, District Columbia Appeal Reports. Tnok. Sel. Oas. ..... Tucker's Select Cases, Newfoundland. Tack. Snrr Tucker's Surrogate Reports, City of New York. Tnd. Cos. Merc. Iiaw. . Tudor's Leading Cases on Mercantile Law. Tud. Cas. R. P Tudor's Leading Cases on Real Proi)ei'ty. Tupper Tupper's Reports, Ontario Appeals; — Tup- per's Upper Canada Practice Reports. Tnr. (or Turn. & Rus.) Turner & Russell's English Chancery Re- ports. Tnrn .....Turner, Kentucky Reports, vol. 99-101; — Turner, Arkansas Reports, vols. 35, 48. Tnrn. & Ph Turner & Phillips' Reports, English Chan- cery. Turn. & Russ Turner & Russell, English. Tnttle l^uttle's Reports (23-32 and 41-52 Califor- nia). Tnttle & Carpenter . . Tuttle & Carpenter's Reports (52 California). Ty Tyler. Tyl. (or Tyler) Tyler's Vermont Reports. Tyng Tyng's Reports (2-17 Massachusetts). Tyr. (or Tyrw.) Tyrwhitt & Granger's English Exchequer Reports. Tyr. & Gr Tyrwhitt & Granger's English Exchequer Reports. u XJ. Utah. U. B Upper Bench. 1J. B. Pr Upper Bench Precedents temp. Car. I. IJ, c Upper Canada. Brief Mak.— 29 450 APPENDIX. TJ. C. App Upper Canada Appeals. tr. C. C. P Upper Canada Common Pleas Reports. U. C. Ch Upper Canada Ohancery Reports. U. C. Cham Upper Canada Chamber Reports. XT. C. E. & A Upper Canada Error and Appeal Reports. IT. C. Jnr Upper Canada Jurist. V. C. K. B Upper Canada King's Bench Reports, Old Series. V. C. O. S Upper Canada King's Bench. Reports, Old Se- ries. tr. C. Pr. (or P. B.) . . Upper Canada Practice Reports. tr. C. Q. B Upper Canada Queen's Bench Reports. IT. C. Q. B. O. S. (or U. C. O. S.) Upper Canada Queen's (King's) Bench Re- ports, Old Series. TI. C. B Queen's Bench Reports (Ontario). tl. C. Bep Upper Canada Reports. tJ. K United Kingdom. tr. S United States; — United States Reports. V. S. Ap. (op U. S. App.) United States Appeal Reports. U. S. C. C United States Circuit Court; — United States Court of Claims. U. S. Comp. St United States Compile^ Statutes. U. S. Ct. CI Reports of the United States Court of Claims. tr. S. C. S United States Civil Service Commission. IT. S. D. C United States District Court; — United States District of Oolumhla. tr. S. R United States Supreme Court Reports. XT. S. Beg United States Register, Philadelphia. TT. S. R. S United States Revised Statutes. IT. S. St. at Ii United States Statutes al Large. TT. S. S. C. Bep United States Supreme Court Reports. tr. S. S. C. Beptr United States Supreme Court Reporter. tr. S. St. Tp United States State Trials (Wharton's). trim. Ii. Bee Ulman's Law Record, New York. TTp. Ben. Pre Upper Bench Precedents, temp. Car. I. XTp. Can Upper Canada (see U. C). V. V. Vermont; — Victoria. C. C Vice-Chancellor's Court. V. Ii. B Victorian Law Reports, Australia. torian see Vict.) V. N Van Ness' Prize Cases. V. B Vermont Reports. (For Vic- ABBREVIATIONS OF LAW PUBLICATIONS. 451 V. & B Vesey & Beams' Bnglisli Chancery Reports. V. & S Vernon & Scriven's Irish King's Bench Re- ports. Va. Virginia; — Virginia Reports; — Gilmer's Vir- ginia Reports. Va. Bar Assn Virginia State Bar Association. Va. Cas Virginia Cases (by Brockenbrough & Holmes). Va. Ch. Dec Chancery Decisions, Virginia. Va. B. Virginia Reports; — Gilmer's Virginia Re- ports. Vauderstr Vanderstraaten's Ceylon Reports. Van K Van Koughnet's Reports (15-21 Upper Can- ada C. P.). Van. Ij Vander Linden's Practice, Cape Colony. Van N ^'an Ness' Prize Cases. Vatt Vattell's Law of Nations. Vang, (or Vaugh.) . . Vaughn's English Common Pleas Reports. Vaux Vaux's Recorder's Decisions, Philadelphia. Ve. (op Ves.) Vesey's English Chancery Reports. Ve. (or Ves.) & B. . . . Vesey & Beames' English Chancery Reports. Veazey Veazey's Reports (36-46 Vermont). Vent Ventris' English Common Pleas Reports. Ver. (or Verm.) A'ermont Reports. Vern Vernon's English Chancery Reports. Vern. & Scr. (Scriv.). . A'ernon & Scriven's Irish King's Bench Re- ports. Ves Vesey, English Chancery Reports. Ves. Jr Vesey, Junior's English Chancery Reports. Ves. Jnn. Supp Supplement to Vesey, Jr.'s Reports, by Ho- venden. Ves. Sen Vesey Senior's Chancery Reports. Ves. & Bea Vesey & Beames' English Chancery Reports. Vez Vezey's (Vesey's) English Chancery Reports. Vict. Ii. B ^'ictorian Law Reports, Australia. Vict. Ii. T Victorian Law Times, Melbourne. Vict. Rep Victorian Reports. Vict. Bev Victorian Review. Vict. St. Tr Victorian State Trials. Vilas Xew York Criminal Reports. Vil. & Bp A'^ilas & Bryant's Edition of the Wisconsin Reports. Vin. Abr Viner's Abridgment. Virg Virginia (see Va.) ; — Virgin. Virgin Virgin's Reports (52-60 Maine) — Virginia (see Va.). Viz Videlicet — (that is to say). Vo Verbo. 452 APPENDIX. Vr Vroom's New Jersey Reports. Vroom (G. D. W.) . . . G. D. W. Vroom, New Jersey Law Reports, vols. 36-63. Vroom (P. D.) P. D. Vroom, New Jersey Law Reports, vols. 30-35. Vt. Vermont; — Vermont Reports. w W King William;— Wheaton's United States Su- preme Court Reports; — Wendell's New York Reports; — Watt's Reports, Pennsylva- nia ; — Weekly ; — Wisconsin ; — Wyoming ; — Wright's Ohio Reports. W. A Western Australia. W. El Sir William Blackstone's English King's Bench Reports. W. C. C Washington's United States Circuit Court Reports. W. H. ChTon Westminster Hall Chronicle, London. W. H. & G Welsby, Hurlstone & Gordon's English Ex- chequer Reports. W. Jo Sir William Jones' English King's Bench Re- ports. W. Kel William Kelynge's English Chancery Re- ports. W. N Weekly Notes, London. W. P. Cas WoUaston's English Bail Court (Practice) Cases. W. R. Weekly Reporter, London; — Weekly Report- er, Bengal; — Wendell's Reports; — ^Wiscon- sin Reports; — West's Reports (English Chancery). W. Bep West's Reports temp. Hardwicke, English Chancery. ■W. Bob W. Robinson's English Admiralty Reports. W. T. B Weekly Transcript Reports, New York. ■W. Ty. B Washington Territory Reports. W. Va. West Virginia Reports. W. W. & A'B. Vict.. . Wyatt, Webb, & A'Beckett's Reports, Vic- toria. W. ■«?■.& D Willmore, WoUaston & Davison. W. W. & H Willmore, WoUaston, & Hodges' English Q. B. Reports. W. & B. Dig Walker & Bates' Digest, Ohio. W.' & C Wilson & Courtenay's Scotch Appeal Cases (see Wilson & Shaw). ABBREVIATIONS OF LAW PUBLICATIONS. 453 W. & li. Dig Wood & Long's Digest, Illinois. W. & M Woodbury & Minot's United States Circuit Court Reports; — William & Mary. W. & S Watts & Sergeant's Pennsylvania Reports; — Wilson & Shaw's Scotch Appeal Cases. W. & S. App Wilson & Shaw's Scotch Appeals, English HOTse-ofTiOrds. W. & T. Eq. Ca. (or /^ L. C.) White & Tudor's Leading Oases in Equity. W. & W White & Wilson. Texas Ct. App. Civil Cases. W. & W. Vict Wyatt & Wehb's Victorian Reports. ■Wa Watt's Reports, Pennsylvania; — Wales. Wait Dig Wait's Digest New York. Wait St. Pap Wait's State Papers of the United States. Wal Wallace (see Wall.). Wal. by Ii Wallis' Irish Reports, by Lyne. Walk. Ch Walker's Michigan Chancery Reports. 'Walk. Mick Walker's Michigan Chancery Reports. Walk. Miss Walker's Mississippi Reports. Walker (op Walk.) .. Walker's Mississippi Reports; — Walker's Michigan Chancery Reports; — ^Walker's Re- ports (25, 72-88, Texas); — Walker, Texas Civil Appeals Reports, vols. 1-10; — Walker, Alabama Reports, vols. 96 and 109. Wall Wallace's United States Supreme Court Re- ports; — Wallace (Senior), United States Circuit Court Reports;— (Wallace's) Phila- delphia Reports; — Wallis' Irish Chancery Reports. Wall. C. C Wallace's Reports, U. S. Circuit Court, 3d Circuit. Wal. Jr. (op Wall. Jr.) Wallace's (J. W.) United States Circuit Court Reports. Wall. Bep Wallace on the Reporters; — ^Wallace's United States Supreme Court Reports. Wall. S. C Wallace's United States Supreme Court Re- ports. Wall. Sen. (or Wal. Sr,) Wallace's (J. B.) United States Circuit Court Reports. ■Wallis Wallis' Irish Chancery Reports. Wallis by L Wallis' Irish Chancery Reports, by Lyne. ■Walsk Walsh's Registry Cases, Ireland. Ward Warden's Reports, Ohio; — Warden & Smith's Reports (Ohio). Warden Warden's Reports (2, 4 Ohio State). 454 APPENDIX. Warden & Smitb. . . Warden & Smith's Reports (3 Ohio State). Ware Ware's United States District Court Reports. Warth Code West Virginia Code, 1899. Wash. Washington; — Washington's United States Circuit Court Reports; — Washington's Vir- ginia Reports; — ^Washburn's Reports (16- 23 Vermont). Wash. Ter Washington Territory Reports. Wash. Ter. N. S Allen's Washington Territory Reports. New Series. Wash. Va Washington's Virginia Reports. Washhnrn Washburn's Reports (16-23 Vermont). W^ash. & Haz. F. E. I Washburton & Hazard's Reports, Prince Ed- ward Island. Wat Watkins; — Watson. Wat. Cr. Dig Waterman's Criminal Digest U. S. Wat. C. G. H Watermeyer's Cape of Good Hope Reports. Watermeyer Watermeyei-'s Cape of Good Hope Reports. Watts Watts' Penn. Reports;— Watts' Reports (16- 24 West Virginia). Watts & Serg Watts & Sergeant's Pennsylvania Reports. Web. Pat. Cas Webster's Patent Cases. Web. Tr The Trial of Professor Webster for Murder. Webb Webb's Reports (6-20 Kansas) ;— Texas (3ivil Appeals, vols. 11-20. Webb, A'B. & W. . . , Webb. A'Beckett, & Williams' Victorian Re- ports, Australia. W^ebb, A'B. & W^. Eq Webb, A'Beckett, & Williams' Equity Re- ports, Victoria. W^ebb, A'B. & W^. I. P. & M Webb, A'Beckett, & Williams' Insolvency, Probate, and Matrimonial Reports, Vic- toria. Webb. A'B. & W. Min Webb, A'Beckett, & Williams' Mining Cases, Victoria. Webb & Duval Webb & Duval's Reports (1-3 Texas). Webs Webster. Week. Reptr Weekly Reporter, London; — ^Weekly Report- er, Bengal. Week. Trans. Bepts. . Weekly Transcript Reports, New York. Weight. Med. Iieg. Gaz Weightman's Medico- Legal Gazette, London. ■Wei Welsh's Irish Registry Cases* Welsh., H. & G Welsby, Hurlstone, & Gordon, English Ex- chequer Reports. ABBRE\ lATIONS OF LAW PUBLICATIONS. 455 "WelsH Welsh's Registry Cases, Ireland; — Welsh's Irish Oases at Sllgo; — Welsh's (Irish) Case of James Feighny, 1838. ■Welsh Reg. Cas Welsh's Irish Registry Cases. Wend Wendell's New York Reports. W'enz Wenzell, Minnesota Reports, vols. 60-78. West West's Reports, English House of Lords ;— West's Reports, English Chancery; — West- ern Tithe Ca^es; — ^Weston's Reports (11-14 Vermont). West. Aus Western Australia. West Co. Bcp West Coast Reporter. West Ch West's English Chancery Cases. West t. H West's English Chancery Reports temp. Hardwicke. West H. L West's Reports, English House of Lords. Westlake Int. Private Law Westlake's Private International Lavr. West Va West Virginia; — West Virginia Reports. Westm. Bev. Westminster Review. Weston Weston's Reports (11-14 Vermont). Weth Wethey's Reports, Canada. Wli Wheaton's United States Supreme Court Re^ ports; — Wharton's Pennsylvania Reports; —Wheeler's New York Criminal Reports. ■Wh. Cr. Cas Wheeler's New York Criminal Cases. ■Wh. & T. li. C White & Tudor's Leading Cases in Equity. Wliar Wharton's Pennsylvania Reports. Whar. Dig Wharton's Digest, Pennsylvania. Whar. St. Tr Wharton's United States State Trials. Wliart Wharton. Wheat Wheaton's United States Supreme Court Re- ports. Wheel Wheeler's New York Criminal Cases; — ■ Wheelock's Reports (32-37 Texas). Wlieel. Br. Cas Wheeling Bridge Case. Wheel. Cr. C Wheeler's New York Criminal Cases. Wheel. Cr. Rec Wheeler's Criminal Recorder, New York (1 Wheeler's Criminal Cases). ■Whit. Pat. Cas W^hitman's Patent Cases, United States. ■vp-jiite White, West Virginia Reports, vols. 10-15; — White, Texas Coxirt of Appeals Reports, vols. 30-40; — White, Scotch Justiciary Re- ports. White Sc T. Ii. Cas. . . White & Tudor's Leading Oases In Equity. ■White & W White & WlUson, Texas Civil Appeals, vol. 142. Wliitm. Lib. Cas. . . . Whitman's Massachusetts Libel Cases. 456 APPENDIX. Whitm. Pat. Cas. . . . Whitman's Patent Cases. Whitm. Fat. Iiaw Rev Whitman's Patent Law Keview, Washington, D. 0. Whitney Land Laws, Tennessee. Whitt Whittlesey, Missouri Reports, vols. 31-^1. Whitt. Co Whittaker's Codes, Ohio. Wight El. Cas Wight's Election Cases (Scotch). W^ i g h t. (or Wightw.) Wightwlck's English Exchequer Reports. Wil Williams (see Will.); — Wilson (see Wils.). 'Wilcox Wilcox's Reports (10 Ohio) ; — ^Wilcox, Penn- sylvania. Wilcox Coiid Wilcox, Condensed Ohio Reports. Wilk Wilkinson, Texas Court of Appeals and Civil Appeals; — Wilkinson's Reports, Australia. W^ilk. & Ow. (or W^ilh. & Pat.; or W^ilk. & Mnr.) .... Wilkinson, Owen, Patterson & Murray's New South Wales Reports. Will Willes English Common Pleas Reports; — Willson's Texas Appeals, vols. 29-30, also Texas Civil Appeals, vols. 1 and 2; — (see also Williams). Will. Ann. Reg Williams' Annual Register, New York. 'Will.-Bnnd St. Tr. . . Willis-Bund's Oases from State Trials. Will. Mass Williams' Reports (1 Massachusetts). Will. P Peere Williams' English Chancery Reports. Will. Saund Williams' Notes to Saunders' Reports. Will., WoU. & Dav.. . Willmore, WoUaston & Davison's English Q. B. Reports. Will., WoU. & Hodg. . Willmore, Wollaston & Hodges, English Q. B. Reports. Will. Vt Williams' Reports (27-29 "Vermont). Willes Willes' English Common Pleas Reports. Williams Williams' (Peere) English Chancery Reports; — Williams' Reports (27-29 Vermont); — Williams' Reports (1 Mass.); — Williams. Utah Reports, vols. 10-12. Williams P Peere Williams' English Chancery Reports. Willm., W^. & D Willmore, Wollaston & Davison's English Q. B. Reports. WiUm. W. & H Willmore, Wollaston & Hodges' English Q. B. Reports. Willson Willson's Texas Court of Appeals, vols. 29- 30, also Tex. Ct. App. Civil Cases. Wilm Wilmot's Notes of Opinions, English King's Bench. ABBREVIATIONS OF LAW PUBLICATIONS. 457 Wilm. Op. (op Judg.)..Wilmot's Notes of Opinions. "Wils Wilson's English Common Pleas Reports. Wils. Ch Wilson's English Chancery Reports. Wils. Ent Wilson's Entries and Pleadings (same as 3 Lord Raymond). Wils. Exch Wilson's English Exchequer Reports. Wils. (Ind.) Wilson's Indiana Superior Court Reports. Wils. K. B Sergeant Wilson's English King's Bench Re- ports. Wils. & Court Wilson & Courtenay's Scotch Appeals Cases (see Wilson & Shaw). Wils. & Sh Wilson & Shaw's Scotch Appeals Cases (Shaw, Wilson & Courtenay). Vrilson Wilson's English Common Pleas Reports; — Wilson's English Chancery Reports; — ^Wil- son's English Exchequer Equity Reports ; — Wilson's Indiana Superior Court Reports; — Wilson's Reports (1, 3 Oregon) ; — Wilson, vols. 48-59, Minnesota. ) Win Winston's Law Reports, ^JNteth/Carolina;— / Winch's English Common EJ^ Reports. Win. Eq Winston's Equity Reports, North Carolina. Winch Winch's English Common Pleas Reports. AVins. Eq Winston's Equity Reports, North Carolina. Winst. (or Winst. Eq.) Winston's Law or Equity Reports, North Carolina. Wis Wisconsin ; — Wisconsin Reports. Wis. Bar Assn Wisconsin State Bar Association. Wis. Leg. N Wisconsin Legal News, Milwaukee. With. Corp, Cas Withrow's American Corporation Cases. Withrow Withrow's Reports (9-21 Iowa). ■Wju. B1 William Blackstone's English King's Bench Reports. Wm. Rob William Robinson's English Admiralty Re- ports. "Vp-ms Williams (see Will.). Wms. Ann. Reg Williams' Annual Register, New York. Wms. Mass Williams' Report (1 Massachusetts). 'Wms*. Notes Williams' Notes to Saunders' Reports. Wms.' Peere Peere Williams' English Chancery Reports. Wms*. Sannd Williams' Notes to Saunders' Reports. Wms! Vt. Williams' Reports (27-29 Vermont). ^y„l_ '..,.! Wollaston's English Ball Court Reports;— Wolcott, Delaware Chancery Reports, vol. 7. Wolf. & B Wolferstan & Bristow's English Election Cases. "Wolf. & D Wolferstan & Dew, English. 458 APPENDIX. W^oU. (or 'Wool. P. C.) WoUaston's English Ball Court Reports (Practice Cases). Wood Wood's United States Circuit Court Reports; — Wood's English Tithe Cases. Wood Deer Wood's (Decrees in) Tithe Cases. Wood H Hutton's Wood's Decrees in Tithe Cases. Wood Ti. Cas Wood's Tithe Cases. W^ood. & M. (or Woodb. & M.) Woodbury & Minot's United States Circuit Court Reports. Woodf. Cel. Tr Woodfall's Celebrated Trials. Woodm. Cr. Cas Woodman's Reports of Thatcher's Criminal Cases, Massachusetts. Woods (or Wood's C. C.) Wood's United States Circuit Court Reports. Woodw. Dec. Pa Woodward's Common Pleas Decisions, Penn- sylvania. Wool Wool-worth's United States Circuit Court Re- ports ; — Woolry ch. Wool. C. C Woolworth's Reports, U. S. Circuit Courts, 8th Circuit (Fuller's Opinions). Woolw Woolworth's United States Circuit Court Re- ports; — Woolworth's Reports (1 Nebraska). Words. Elect. Cas. . . . Wordsworth Election Cases. Wr Wright (see Wright). Wr. (or Wr. Pa.) . . . Wright's Reports, Pennsylvania State Re- ports, vols. 37-50. Wr. Ch. (or Wr. Ohio) Wright's Reports, Ohio. Wright (or Wri.) . . . Wright's Reports (37-50 Pennsylvania State) ; — Wright's Ohio Report. Wright N. P Wright's Nisi Prius Reports, Ohio. Wy Wyoming; — Wyoming Reports; — Wythe's Virginia Chancery Reports. ■Wy. Die Wyatt's Dickens' Chancery Reports. Wyatt, W. & A'B.. . . Wyatt, Webb & A'Beckett's Reports, Victo- ria. Wyatt, W. & A'B. Eq Wyatt, Webb & A'Beckett's Equity Reports, Victoria. W^yatt, W^. & A'B. I. P. & M Wyatt, Webb & A'Beckett's Insolvency, Pro- bate and Matrimonial Reports, Victoria. Wyatt, 'W. & A'B. Wyatt, Webb & A'Beckett's Mining Oases, Min Victoria. Wyatt & W^ebb Wyatt & Webb's Reports, Victoria. Wyatt & W. Eq Wyatt & Webb's Equity Reports, Victoria. ABBEEVIATIONS OF LAW PUBLICATIONS. 459 Wyatt & 'W. I. P. & M Wyatt & Webb's Insolvency, Probate, and Matrimonial Reports, Victoria. Wyatt & W. Min.. . . Wyatt & Webb's Mining Oases, Victoria. Wyman Wyman's Reports, India. Wynne Bov Wynne's Bovill's Patent Oases. Wyo. T Wyoming Territory. Wythe Wythe's Virginia Chancery Reports. Y Y Yeates' Pennsylvania Reports. Y. B Year Book, English King's Bench, etc. Y. B. Ed. I Year Books of Edward I. Y. B. S. C Year Books, Selected Oases, 1. Y. & C Yoimge & Oollyer's English Chancery Re- ports and Exchequer. Y. & J Younge & Jervis' English Exchequer Reports Y. Ii. B York Legal Record. Yates Sel. Cas Yates' New York Select Cases. Yea. (or Yeates) .... Yeates' Pennsylvania Reports. Yelv Yelverton, English. Yerg Yerger's Tennessee Reports. Yo Young (see You.). Yorfe Ass Clayton's Reports (York Assizes). York Leg. Bee York Legal Record. Yon Younge' s English Exchequer Equity Reports. Yon. & Coll. Ch Younge & Collyer's English Chancery Re- ports. You. & Coll. Ex Younge & Collyer's English Exchequer Eq- uity Reports. Yon. & Jerv Younge & .Tervis' English Exchequer Re- ports. Young Yoimg, Minnesota Reports, vols. 31-i7. Young Adm Young's Nova Scotia Admiralty Cases. Young M. L. Cas Young's Maritime Law Cases. Younge Younge's English Exchequer Equity Reports. Younge & Coll. Ch. . . Younge & Collyer's English Chancery Cases. Younge & Coll. Ex. . . Younge & Collyer's English Exchequer Eq- uity Reports. Younge & J Younge & .Tervis. English. Young Adm. Dec. . . . Young's Admiralty Sessions. Yuk Yukon Territory. z Zab Zabriskie's New Jersey Reports. Zane Utah Reports, vols. 4-9. Zinn Ca. Tr ; . Zinn's Select Cases in the Law of Trusts. * INDEX. [the figures EEFEfi TO PAGES.] A ABBREVIATIONS, used in citing reports and text books, see Appendix. ALABAMA, reports of, 143. ALASKA, reports of, 143. AMERIOAN LAW, bibliography of, 119 et seq. APPEAL AND BRBOK, method of review at law, 10. method of review in equity, 10. ARGUMENT, brief of, 17. statement of errors, 18. errors in instructions, 19. method of ^corporating in brief, 30. arrangement of points, 30. ARIZONA, reports of, 144. ARKANSAS, reports of, 144. ASSIGNMENT OP ERRORS, necessity of, 10, 11, note, only those specified will be considered, 11. lack of jurisdiction, 13. errors considered abandoned, 12. statement of, in argument, 18. method of incorporating in brief, 30. AUTHORITIES, defined, 68. distinguished as primary and secondary, 68. persuasive, 68. (461) 462 INDEX. tThe figures refer to pages.] AUTHORITIES— Cont'd, steps in the use of, 68. study of case, 68. determining classification, 69. selection of, 34. presentation of, 36. citation of, 18, 31, 37, 142. abbreviations used in citation, see Appendix, books of primary authority defined, 121. books of secondary authority defined, 122. B BRIEF ON APPEIAL, defined, 5. nature of, 5. not in use in England, 6. purpose of, 6. necessity for, 7. optional in North Carolina, 7, note, contents, 8 under rules Appellate Division, New York, 8, note. ■under United States Supreme Court Rule 21, 9. contents, 8. preliminary statement, 8. statement of case, 9. specification of errors, 10. under United States Supreme Court Rule 21,. 11, note. in admission or rejection of evidence, 15. under United States Supreme Court Rule 21, 16. in Instructions, 17. statement of in argument, 18. preparation of, 23, 26. preliminary study of case, 23, 68, 173. opinion of Judge Dillon, 24. theory of case, 25. how to find the law, 174. practical hints on the proper way to look up the law, 326. arrangement of under United States Supreme Court Rule No. 21, 26. statement of case, 26. specification of errors, 30. points and argument, 30. statement of facts, 28. essentials of, 28. must be fair and accurate, 28. accuracy, 29. INDEX. 463 [The figures refer to pages.] BRIEF ON APPEAL— Cont'd, clearness, 29. conciseness, 29. argument, 17. arrangement of points, 30. opposing metliods distinguished, 32. use of decisions and statutes, 32. selection of authorities, 34. direct authorities, 35. law of the jurisdiction, 35. authorities from other jurisdictions, 36. authorities should be traced down to date, 36. statement of constitutional or statutory provisions, 34. presentation of authorities, 36. opposing authorities, 36. citation of authorities, 19, 31, 37. use of text books, 37. scandalous and irrelevant matter, 21. typography, 37. sample of brief, 39. CALIFORNIA, reports of, 144. CLASSIFICATION OF LAW, determining classification as essential step in preparation of brief, 69. general theory, 176 et seq. main heads of the law categorically arranged, 183 et seq. main heads of the law alphabetically arranged, 190 et seq. main heads of the law defined, 195 et seq. CODES, as a compilation of statutes, 126. COLORADO, reports of, 144. CONNECTICUT, reports of, 144. CONSTITUTION, provisions of to be considered in preparing brief, 34. as primary source of the law, 72. of the United States, bibliography, 122. commentaries on, 123. of various states, bibliography, 123. construction of, see "Statutes." 4G4 INDEX. [The figures refer to pages.] CONSTRTJOTION, of statutes, constitutions and ordinances, see "Statutes." COURTS, function of, In relation to decisions, 75. autliority to pass on hypothetical questions, 80. authority to answer questions propounded by executive or legis- lative departments, 81. jurisdiction of as aflfecting weight of decision, 99. weight of decisions of foreign courts, 101. rules of, 128. jurisdiction, text books relating to, 129. DAKOTA, reports of, 145. DELAWARE, reports of, 145. DIGESTS, as books of secondary authority, 164. bibliography of, 166. use of, 174, 326. classification of the law, 176 et seq. DISTRICT OF COLUMBIA, reports of, 145. ENCYCLOPAEDIAS, as books of secondary authority, 163. bibliography of, 163. EQUITY, method of review in, 10. ENGLISH REPORTS, as authorities, 101, 175. abbreviations used in citing, see Appendix. ENGLISH STATUTES, to what extent in force in United States, 117. EVIDENCE, error in admission or rejection of, 16. INDEX. ^65 IThe figures refer to pages.] F FEDBRAL COURTS, reports of, 33, 132, 134. FLORIDA, reports of, 145. GEORGIA, reports of, 146. HAWAII, reports of, 146. H IDAHO, reports of, 146. ILLINOIS, reports of, 146. INDIANA, reports of, 146. INDIAN TERRITORY, reports of, 147. INSTRUCTIONS, specification of errors in, 17. statement of error In argument, 19. IOWA, reports of, 147. J JUDICIAL DECISIONS, use of, 32, 66 et seq. as precedents, 130. value of as authority. 175. relative value of, 35. necessity of tracing judicial history of cases, 176k presentation of authorities, 36. methods of citing cases, 37. Betkf Mak.— .30 166 INDEX. [The figures refer to pages.] JUDICriAIj DECISIONS— Cont'd, study of, 70, 90. caution against hyperciiticism, 102. cases not directly in point useful by way of analogy, 103. difference between decisions and statutes, 71, 104. as primary source of law, 72. decision and opinion distlnguislied, 74, 78, parts of reported case, 74. syllabus, 75. opinion, 75. decision, 75. function of court, 75. ■weight of decisions, 75. as affected by circumstances, 92. necessity of noticing circumstances, 92. affecting tborougbness of consideration, 93. defective reports, 94. defective syllabus, 95. Inaccurate statement of facts, 95. later autborities in same jurisdiction, 96. overruling cases, 96. distinguishing cases, 98. relating to the jurisdiction of the court, 99. commission or temporary court, 100. decision of federal court on matters of state law, 100. decision of state comt on federal question, 100. intermediate appellate courts, 100. decisions of foreign courts, 101. decision based on general principle, 76. doctrine of stare decisis, 77. doctrine of the case, 78. opinion as authority, 79. hypothetical cases, 80. dicta, 82. unnecessarily broad language, 83. two grounds for same decision, 84. opposite holdings at same stage of case, 83. discordant opinions agreeing in result, 86. several errors claimed and none found, 86. opinion ignoring point, 87. no opinion, 88. value of reporter's syllabus, 88. extracting doctrine of decision, 90. necessity of bearing in mind purpose of the law, 118. reports of in general, 129. methods of reporting, 130. method of looking up the law, 174. INDEX. 467 [The figures refer to pages.] JtJEISDICTION, as affecting weight of decisions, 99. text books relating to, 129. K ICANSAS, reports of, 147. KENTUCKY, reports of, 147. LAAV DICTIONARIES, as books of secondary authority, 164. LOUISIANA, reports of. 148. M MAINE, reports of, 148. MARYLAND, reports of, 148. MASSACHUSETTS, reports of, 149. JIIOHIGAN, reports of, 149. MINNESOTA, reports of, 149. MISSISSIPPI, reports of, 149. MISSOURI, reports of, 150. MONTANA, reports of, 150. NEBRASKA, reports of, 150. N 468 INDEX. [The figures refer to pages.] NEVADA, reports of, 150. NEW HAMPSHIRE, reports of, 150. NEW .JERSEY, reports of, 151. NEW MEXICO, reports of, 151. NEW YORK, reports of, 152. NORTH CAROLINA, reports of, 155. NORTH DAKOTA, reports of, 155. OBITER DICTA, defined, 82. weight of, 82. embodied in syllabus, 88. OHIO, reports of, 155. OKLAHOMA, reports of, 156. OPINION, distinguished from decision, 74, 78. authority of, 79. discordant opinions, 86. ORDINANCES, as primary source of the law, 72. construction of, see "Statutes." OREGON, reports of, 156. PENNSYLVANIA, reports of, 156. INDEX. 469 [The figures refer to pages.] PRECEDENT, decision as precedent, 76, 130. under the civil law, 77. RHODE ISLAND, reports of, 156. RULES OF COURT, rule 9, Appellate Division, Third Department, New York, 8, note, rule 10, Appellate Division, Fourth Department, ^ New York, 8, note. United States Supreme Court Rule 21, 9, 11, note, 16, 26, 39. bibliography of, 128. SOUTH CAROLINA, reports of, 153. SOUTH DAKOTA, reports of, 157. # STARE DECISIS, doctrine of, 77, 96. STATEMENT OF FACTS, essentials of, 28. must be fair, 28. accuracy, 28. clearness, 29. conciseness, 29. STATE REPORTS, number of volumes, 33. official reports, 136. unofficial reports, 136. National Reporter System, 137. annotated reports, 140. method of citation, 142. bibliography of, 143 et seq. abbreviations, see Appendix. STATUTES, use of in preparing brief, 34. distinction between statutes and decisions, 71. as primary source of the law, 72. 470 INDEX. [The figures refer to pages.] STATUTES— Cont'd. parts of statute, 105. where statutes are found, 106. construed differently from decisions, 104. general rules of construction, 104. construction and Interpretation synonymous, 107. non-technical rules of construction, 107. technical rules of construction, 107. construction of technical words, 108. rules of construction applicable to all writings, 108. words changed in meaning, 108. all words must be given effect, 109. clerical errors ignored, 100. grammatical and rhetorical inaccuracies, 109. words construed in connection with context, 109. words to be construed so as to make sense, 109. words to be construed so as to carry out general purpose of statute, 109. construction to avoid unconstitutionality, 110. construction to avoid retrospective effect, 110. penal statutes to be construed strictly, 110. punctuation, 110. rules of construction especially applicable to written law. 110. construction in the light of pre-existing law, 111. construction of a series of statutes, 111. remedial statutes to be construed liberally. 111, construction with regard to legislative intent, 112. circumstances strengthening or weakening preliminary conclu- sions as to effect of statute, 114. mode of ascertaining precise terms of statute, 114. necessity of going beyond rules of construction, 114. prior judicial construction, 115. validity of statute, 115. subsequent legislation, 115. amendment of statute, 115. express repeal, 115. repeal by implication, 115. statute copied from another jurisdiction, 116. construction by persons to whom applicable, 117. statute adopted by a number of states, 117. necessity for bearing in mind purpose of law, 118. rules applicable to constitutions and ordinances, 117. English statutes, 117. bibliography of, 124. compilations, 125. revisions, 125. session laws, 125. INDEX. 471 [The figures refer to pages.) STATUTES— Cont'd. CJodes, 126. United States statutes, bibliography of, 126. ordinances, government orders and regulations, 128. STUDY OF CASE, necessity of, 23, 68, 173. opinion of Judge Dillon, 24. theory of ease, 25. SYLLABUS, defined, 75. value of as part of opinion, 88. TENNESSEE, reports of, 158. TEXAS, reports of, 158. TEXT BOOKS, use of in preparation of brief, 37. as books of secondary authority, 161. value of as authority, 175. TREATIES, bibliography of, 123. commentaries on, 124. TYPOGRAPHY, as an important feature of the brief, 37. u UNITED. STATES. bibliography of the reports of the Supreme Court, 33, 132. bibliography of the reports of the federal courts, 134. UTAH, reports of, 158. VERMONT, reports of, 159. VIRGINIA, reports of, 159. 472 INDEX. (The figures refer to pages.] WASHINGTON, reports of, 160. "WEST VIRGINIA, reports of, 160. WISCONSIN, reports of, 1050. WRIT OF ERROR, as method of review, 10. WYOMING, reports of, 160. w WEST PnBUSHIMG CO. , PBINTBES AKD STEBBOTTPEBS, ST. TiXTL, UINN.