CHARITABLE USES AND TRUSTS, class of persons, when may

be restricted to a, 250.

definitions of, 248, 249.

difference between and a superstitious use, 253.

discretion which may be vested in trustees of, 807.

enforcement of, 269.

enumeration of in the statutes of Elizabeth, 252, 253.

for a Masonic lodge, 251.

for an insurance patrol company, 250.

for asylums, 262.

for benevolent purposes or objects, not necessarily charitable, 256.

for cemetery associations or corporations, 257.

for colleges and other schools, 258, 261.

for churches and church buildings, 264.

for denominational schools, 260.

for encouraging revolutions or disobedience to the laws, 269. for founding and maintaining hospitals, 262.

for human beneficence and charity, 256.

for philanthropic purposes, 256.

for preventing cruelty to animals, 267.

for public libraries, 261.

for repairs of tombs and family monuments, 257.

for Sunday-school purposes, 266.

for the cultivation of art, 261.

for the draining of lands, 267.

for the erection of houses of public worship, 250.

for the general diffusion of knowledge, 260, 281.

for the preservation of burial grounds, 257.

for the protection of citizens of African descent in their civil rights, 249.

for the purpose of having masses for the repose of souls, 267. for the relief of the poor and unfortunate, 262, 263.

for the setting out of shade trees, 267.

for the support of education, 258, 259.

for the support of missions domestic and foreign, 265.

for the support of public schools, 259, 260.

for the support of public worship and religious instruction, 264.

for the suppression of vivisection, 251.

instances of, 266, 267.

Jurisdiction of courts over exists Independently of the statute

of Elizabeth, 255.

must confer a public benefit upon an indefinite number of persons, 249.

public benefit or use is essential to, 249.

purposes which are not charitable, 268.

restriction of to the membership of a designated body or so

ciety, 250, 251.

CHARITABLE USES AND TRUSTS, society or association, when may be restricted to members of 250, 251.

statutes of Elizabeth do not limit, 255.

statutes of Elizabeth, enumeration of contained in, 252, 253. statutes of Elizabeth respecting whether a part of the common law of the United States, 254.

statutes of Elizabeth, states in which are not enforced, 254.
tests to determine what are, 250.

uncertainty of recipients of, 249.
what are, 248-269.

CLAIRVOYANCE, belief in as evidence of insanity, 92.

CONDITIONS SUBSEQUENT, are strictly construed, 492.

words necessary to create, 492.

CONFLICT OF LAWS, when a loan is made in one state secured by real property situate in another, 202.

CORPORATIONS, foreign, service of process upon officer of casually within the state, 910.

married women, liability of as stockholders in, 498.

notice must be taken by third persons of their powers, 320. personal liability upon officers upon notes signed by, 356. public duties, private action for failure to perform, 751. receiver of, when represents and may contract for, 342. stockholders in, who are, 498.

COTENANTS, rents and profits, right of each to receive and receipt for, 795.

COUNTY COMMISSIONERS, acts of, when judicial and when ministerial, 720.

CREDITORS' BILLS to reach property fraudulently transferred, 376.

CRIMINAL LAW, insane delusions as defenses for persons accused of crime, 104, 105.

Insane delusions, crimes committed as a result of, 104, 105. right and wrong, ability to distinguish between as a test of criminal responsibility, 103, 104.

right and wrong, consciousness of as a test of criminal respon sibility, 103, 104.

uncontrollable impulses as a defense to persons accused of crime, 100.

will power, weakness of as a defense to persons accused of crime, 102.

DEFINITION of a charitable or plous gift, 249.

of a charity, 248, 249.

of an office or public trust, 181.

of equitable estoppel, 173.

of hallucinations, 83.

of insane delusions, 81-85.

of innuendo in slander or libel, 359.

of monomania and monomaniacs, 83.
of moral insanity, 91.

DEFINITION of officers de facto, 210.

of willful injury, 331.

DIVORCE rendered in another state, validity of, 655.

EVIDENCE, objections to, when must be made, 433.

EXECUTION, exemption of library and furniture of lawyer, 881. exemption, waiver of by contracts, 416.

levy of upon property taken from a prisoner under arrest, 823. EXECUTORS' SALES, inadequacy of price, setting aside because

of, 761.

EXEMPTION from execution, tools and implements, when exempt as, 72.

HUSBAND AND WIFE, transfer from him to her in consideration of moneys received by him, 376.

INSANE DELUSIONS, alchemy, belief in as evidence of, 92.

are acceptances of things as facts which have no existence, 81. are beliefs in a false state of facts, 86.

are beliefs in facts no sane person would believe, 81.

are consistent with general sanity, 90.

are independent of the processes of reason, 81.

are not based upon evidence, 81, 82.

are the products of diseased imaginations, 82.

as defenses of persons accused of crime, 99, 100.

aversions founded upon against heirs at law, 96, 97.

aversions toward children and other heirs, 90, 91.

beliefs cannot be assumed to be, 87.

beliefs founded upon evidence are not, 86, 87.

beliefs, grounds of must be examined before they can be regarded as, 87.

beliefs which cannot be proved to be either true or false, 85. elairvoyance, belief in as evidence of, 92.

elairvoyance, undue influence as result of belief in, 92.

classification of, 81.

creating a bias in favor of a legatee or devisee, 97.

creating aversions against heirs at law, 96.

crimes committed because of, criminal responsibility for, 104, 105.

criminal responsibility of persons who are subject to, 100. definitions of, 81.

effect upon will or other instrument, whether a question of fact or of law, 107, 108.

erroneous conclusions drawn from evidence are not, 87, 88. false beliefs, undue influence resulting from, 92, 93.

false beliefs, which are and which are not deemed to be, 86. ghosts, belief in as evidence of, 92.

hallucinations which will avoid wills, 93.

Illogical beliefs are not necessarily, 87.

in favor of a particular object, 98.

INSANE DELUSIONS instances of on the part of eminent men,

101.

Jealousy, when cannot be deemed to be, 89,

mistake or misapprehension of facts, 89.

prejudices and eccentricities are not, 89.

prejudices and harsh feelings toward children may be the re

sult of, 90.

presumption of continuance of, 106.

presumption that a will or other act was the product of, 107.

respecting matters of fact leading to the disinheriting of heirs at law, 97.

respecting property or its value, 99.

respecting the conduct of children and other heirs, 98, 99.
spiritualism. belief in as evidence of, 91, 93.

spiritualism, undue influence as result of belief in, 92, 93.
spiritualism, will made under the influence of, 93, 94.

testamentary capacity, effect of upon, 80.

testamentary capacity, may exist notwithstanding, 94.
testamentary capacity, not affected by, 95.

testamentary capacity, when destroyed by, 96.

tests of, 93, 94.

that a husband or wife has been guilty of adultery, 97.
that a legatee was in communication with spirits, 97, 98.
that a legatee was the testator's son, 97.

uncontrollable impulse is not equivalent to, 100.

what are, is a question of law, 81.

whether one is subject to is a question of fact, 81.

which will excuse the commission of crime, 105, 106.

witchcraft, belief in as evidence of, 91.

will power, weakness of, 102.

wills resulting from, 96.

wills which are the result of, 82.

INSANITY, moral as a defense to persons accused of crime, 101

103.

INSURANCE, agreements limiting time for bringing suit, 46. estoppel to insist upon a forfeiture, 509.

general agent, who is a, 509.

payable to a mortgagee, when avoided by the fault of the mortgagor, 863.

sale of property under execution, when does not avoid policy of, 459.

INTERSTATE COMMERCE, corporations engaged in cannot be regulated by the state, 621.

state, power of to regulate, 621.

JUDICIAL SALES, assignee of bid, jurisdiction of the court over, 691.

MARRIAGE between persons of one state going into another to avoid the laws of their domicile, 785.

essentials of, 230.

of an insane person is vold, 248, 249.

valid in a state or country where contracted is generally valid elsewhere, 785.

MARRIED WOMEN, liability of as stockholders in corporations,

498.

MASTER AND SERVANT, fellow-servants, when one may recover for an injury suffered through the negligence of the other, 665.

Inventions of servant, right of master to, 811.

liability of master to servant who is where he had no duty to do, 158.

MECHANICS' LIENS, against interests of lessees, 635.

extraterritorial effect of laws creating, 736.

MORTGAGE, adverse possession by a mortgagor or mortgagee, 135.

release of made in contravention of a trust, 467.

MUNICIPAL CORPORATIONS, classification of powers of, 818.

NEGLIGENCE, presumption of from the happening of an accident,

809.

NEGOTIABLE INSTRUMENTS, accommodation indorsers, liabil ity of, 841.

agents, when have implied authority to execute, 635.
bona fide holders of, who are, 841.

NUISANCE, business otherwise lawful may become a, 589.

OFFICIAL BONDS, surety, death of does not put an end to his liability for subsequent breaches of the bond, 63.

PARTITION, effect of decree of, 301.

parol, validity of, 769.

PARTNERSHIP, interest of partner which is subject to claims of

his individual creditors, 683.

transfer by one partner to the others, when fraudulent as against firm creditors, 532.

PARTY-WALLS, agreements respecting, when need not be in writ ing, 448.

PHYSICIANS, waiver of right to exclude testimony of, 433.
PHYSICIANS AND SURGEONS, skill and care required of, 662.
PLEDGE, transfer of possession necessary to maintain, 320.
POWERS OF ATTORNEY, restricted interpretation of, 144.
PRESUMPTION of the continuance of insane delusions, 106.
that a will was the product of an insane delusion, 106.
PRINCIPAL AND AGENT, contracts executed in the name of the
agent, when bind the principal, 892.

parol evidence to exonerate agent from liability upon contract
executed in his own name, 892.

PUBLIC OFFICES, appointment or election to must be regulated by law, 190.