and not merely on account of a risk or peril, which causes fright and mental suffering. But where an actual injury to the person is sustained, however small, which causes or is necessarily attended with mental suffering, that suffering is a part of the injury for which the town is liable in damages(r).

In Wisconsin, under a statute similar to the Massachusetts statute, it was decided in an action for injuries to the plaintiff's person, caused by a defective highway, that the plaintiff might recover the value of his time and services about his business, necessarily lost by reason of such injuries; and that he might, therefore, show the nature and value of his business, and the extent to which it was necessarily interrupted by his injuries(s). In Kansas, it is held, that the measure of recovery is for the loss of time, for expenses, and for physical pain which had resulted from the injury up to the time of the commencement of the action, and if the plaintiff is still disabled from such injury, such further damages as appears from the evidence to be the natural and probable result of such injuries(t). But it is only compensatory, not punitive damages that may be recovered(tt).

Corporators are not personally liable for the debts of the corporation at common law(u); but by usage and practice, quasi corporations in the states of New England form an exception to this rule, and private property may there be taken to satisfy a corporate judgment(v). 1544 Remedy by indictment.-Municipal corporations, both in England and the United States, are held liable to indictment for misfeasance, as well as non-feasance, in respect to such duties as they owe to the public(w). Thus, in Kentucky a municipal corporation is indictable, as at common law, for suffering its streets to become and remain out of repair(x). So, a town in Vermont is liable to an indictment, as at common law, for not erecting a bridge pursuant to an order from a competent tribunal(y). In Pennsylvania an indictment lies at common law against public officers for neglect of public duties, and this prin

(r) Canning v. Williamstown, 1 Cush. 451. And see Harwood v. Lowell, 4 id. 310; Real v. Belfast, 20 Me. 246; Chidsey v. Canton, 17 Conn. 475.

(8) City of Ripon v. Bittel, 30 Wis. 614.

(t) City of Atchison v. King, 9 Kansas, 550. Wiesenberg v. Appleton, 26 Wis. 56.

(tt) Chicago v. Langlass, 52 Ill. 256.

(u) Horner v. Coffey, 3 Cush. 434.

(v) Beardsley v. Smith, 16 Conn. 368. Gaskill v. Dudley, 6 Met. 551. See North Lebanon ♥. Arnold, 47 Pa. St. 488.

(w) State v. Hudson County, 1 Vroom (N. J.), 137.

(x) Com. v. Hopkinsville, 7 B. Mon. 38. And see Chattanooga v. State, 5 Sneed (Tenn.), 578; State v. Mayor, 11 Humph. 217.

(y) State v. Whittingham, 7 Vt. 390. As to towns in Maine, see Davis v. Bangor, 42 Me. 522; State v. Gorham, 37 id. 451.

ciple has been extended to a contractor for the repair of roads(2). And in North Carolina, it is declared, that "a public officer intrusted with definite powers to be exercised for the benefit of the community, who wickedly abuses or fraudulently exceeds them, is punishable by indictment "(a). And for the maintenance of a public nuisance upon its property, a municipal corporation may be indicted the same as an individual, and subjected to punishment(b). But it has been held that a town in Vermont is not indictable for not removing a nuisance not created by it or its agents(c). And the liability of a municipal corporation to indictment for keeping and maintaining a "calaboose," so situated or managed as to become a nuisance, has been questioned(d). The remedy by indictment is, however, more properly a matter for discussion in works treating of criminal law, and has been introduced here rather by way of suggestion, than with any intention of treating the subject at large.

(z) Phillips v. Com., 44 Pa. St. 197.

(a) State v. Glasgow, N. C. Can. R. 186. State v. Justices, etc., 4 Hawks, 194. And sce Paris v. People, 27 Ill. 74; State v. Burlington, 36 Vt. 521.

(b) Administrator v. Insurance Co., 1 Dis. (Ohio) 336. Harper v. Milwaukee, 30 Wis. 365. (c) State v. Burlington, 36 Vt. 521.

(d) Paris v. People, 27 Ill. 74.

removal of ruinous buildings in London, 236, 239

where limited right is exceeded, 236

by pulling down house, 331

removal of obstrucions in highways, 237

removal of obstructions in water-courses, 238

removal of obstructions to navigation, 288

no defence to an injury suffered, 243

pleas in. See PLEAS.

ABDUCTION,

of children a misdemeanor, 1099

ABRIDGMENT. See COPYRIGHT.

ABSENCE, effect of, under statutes of limitations, 340, 341n

ABUSE,

of corporate rights, 261, 264, 265

of legal process, 769

of statutory right. See STATUTE.

of license, 323n

of authority by governors of colonies, 38

by naval and military officers, 39

ACCEPTANCE,

of land dedicated as a highway, 265
how evidenced, 265n

ACCESSION,

title by, 410, 411

ACCIDENT. See ASSAULT.

injuries caused by, when actionable, 3

whether a person is liable for the effects of, 202

non-liability for, unless caused by negligence, 465-468

ACCORD AND SATISFACTION. See PLEA-INJUNCTION.

ACCOUNTANT,

negligence of, 1115

ACTION. See STATUTE OF LIMITATIONS.

cannot be brought more than once for the same wrong, 1156, 1158-1162
brought against the wrong person by mistake, not a tort, 6

several, in respect of same cause, cannot be brought in court of co-ordinate
jurisdiction, 1155-1160

secus-if one action is inferior or foreign, the other in a superior court
or court in this country, 1155, 1155n

or where one action is in personam, and the other in rem, 1156, 1162
different causes of, when may be joined in the same suit, 1146
pleadings in. See DECLARATION-DAMAGE-PLEAS.

when may sue for injuries to intestate's personal property, 1112
ADMIRALTY COURT,

prohibition to, 1238

ADMISSIONS. See MALICIOUS PROSECUTION.

of liability by a party to a cause, 1182

of defendant in action for conversion, 455

of under-sheriff or bailiffs, when evidence against the sheriff, 816

of occupancy in actions for nuisances, 252, 253

of knowledge of ferocity of animal kept, 254

to prove malice, 746

are evidence, although they relate to a deed, lease, etc., not produced, 686
ADULTERATION. See BREAD.

of milk, 263n

of bread, liquors and food, 263n

ADULTERY.

See HUSBAnd-Wife.

damages recoverable for, 1084-1087

application of, by order of Court of Divorce, 1086-1087

formerly an indictable offense, 1066

a ground for divorce, 1066

condonation of, or connivance at, 1067, 1070

damages recoverable in cases of, 1084-1087

ADVOCATE,

statements of, in conduct of case, are privileged, 996, 997

AGENT. See BROKER-AUTHORITY-PRINCIPAL-BAILIFF.

receipt of rent by, on behalf of person wrongfully claiming land, 334

occupation of house by, rent free, for twenty years does not confer title, 335,
336

lien of, 543, 544

conversion of note by, 404

warranties by, 1037

liability of, for misrepresentations as to authority, 18, 1025, 1026

liability of principal for fraud of, 1027, 1036

liability of corporation for act of, 1027

liability of principal to, 1028