Part 52

Tort, action in, 166

Torts (or wrongs), 248-260; definition, and examples, 248; false imprisonment, 249; malicious prosecution, 249; assault and battery, 250; defamation of reputation and character, slander, 250, 251; must be brought to the knowledge of a third person, 251; libel, vituperation, and abuse, 251; distinctions between libel and slander, 252; a corporation may be slandered, 253; defenses in actions for slander or libel, 253; apologies or retractions, 255; private nuisances, 255; motives not material, 255; acts of discomfort amounting to nuisances, 256; temporary annoyances, 256; distinction between acts that annoy, and acts that injure, 257; liability of land owner, 257; trespassing cattle, 257; vicious animals, 258; starter of a fire, 258; keeper of explosives, 258; liability of a manufacturer, 258; users of other persons' property, 259; liability for acts of children, 260

Trades-unions, 38

Transfer of shares of stock, form for, 303

Tree, divisional, law relating to, 113

Trenchard, Justice, quoted, 112, 113

Trespass, action of, 165

Trespasser, 152

Trustee, appointment of, in bankruptcy, 36; must give bond, 37; removal of, 37; death of, 37; represents bankrupt debtor, 37; duties, 37; may make lease, 156; powers of, 265

Undivided share of goods, and Sales Act, 229

United States, common carrier for mails, 52; liability of, for conduct of a private mail driver, 52; citizen of, defined, 62; act conferring citizenship on alien women, 62; naturalization laws, 62, 63

Usage, affects agent's power, 8; sales of auctioneer, 18; may take into account in insurance policy, 128; in presenting check for payment, 192; creates implied warranty, 233; delivery of goods affected by, 234

Vendor, when can sell goods, 7; may have lien for purchase money, 180; notice of lien, 181

Vessels, must be registered, 235; can be registered only by citizens of United States, 235; sale to a foreigner, 236; enrollment of, 236; license of, 236; title to, how acquired, 236; when owned by corporations, 236; owners or tenants in common of, 236: limitations of authority of owners in common of, 236; majority and minority of owners in common of, 237; liability of purchaser of, 238; mortgaging of, 238; rights of mortgagor of, 238; borrowing money on, 239; appointment of masters of, 239; duties, and successors of, 240; authority of, 240; seamen, laws pertaining to, 241, 242

Vituperation and abuse, a wrong, 251

Voluntary service, recovery for, 219

Voting, cumulating, described, 87, 88

Ward, death of, terminates lease, 155; form for release from guardian, 314

Warranty, deed of, 104, 105; and Sales Act, 231, 232, 233, 260; distinction between and representation, 260; statement made simply to awaken a buyer's interest not a, 260; implied in all cases where vendor is an expert, 261; in sale of food, 261; of the seller's title, when in possession of the goods, 261; when goods are sold by sample, 261; form for deed of, 282, 283. See Deceit, Sale

Water, use of stream of, 216. See Prescriptive Rights

Widow, rights of, 136. See Dower

Wife, rights of in will, 266; rights in marriage. See Husband and Wife

Will, mortgagor dies without leaving, 182; definition, 262; requirements for testator, 262; witnesses of, 262; real and personal property in, definitions of, 263; should be in writing, 263; devisee and legatee in, 263; must be in accordance with laws of states, 263; grounds on which are attacked, 263; made by the insane, 264; requirements of, 264; when several are made, 264; authority of trustee of, 265; devise of lands in, 265; date on which take effect, 265; rights of wife in, 266; revocation of, 266; forms for, 315, 316, 317

Williston, quoted, on stock sales, 235

Witnesses of wills, number required, 262

Woman married, limited power of, 7; as mortgagee, 53; and contracts, 65; as subscriber to stock, 75; husband of, entitled to curtesy, 101, 102; execution of deed by, 109, 110; and dower, 113; lease made by, 155; and Statute of Limitations, 244; may be devisee or legatee, 264. See Husband and Wife

Work and labor, form for agreement for, 280

Workmen's Compensation Acts, injury to chauffeurs, 57, 266; who is compensated under, 267; who is not, 267; contract of service necessary, 267; condition of health of no consequence, 268; minors, apprentices, and farm laborers, 268; domestic servants, 269; casual employees, 270; independent contractors, 271; Federal employees, 271; public officers, 272; dependents of workers, 272; children of workmen, 273; earnings the basis for computation of compensation, 274; death of workman, 274; total and partial incapacity, 275; form for claim of lien by, 279