INDEX, 691

claims not objected to. — Watkins v.	An appeal bond, on the decree being
Worthington, 515.	affirmed, becomes thereby an additional
BANKS.	security for the debt. — Andrews ». Scotton, 669.
That clause in the charter of the Far-
mers' Bank of Maryland, which de-	CANAL.
clares, that debts due by a stockholder	Water gushing from the sides of a canal,
must be paid before a tiansler, gives	because of its improper structure, no
to the bank a mortgage or pledge. — The Farmers' Bank of Maryland's	evidence of its surplus water. — Bin- ney's eaie, 138.
case, 394.	Canal stock considered as real estate,
The mortgagee of bank stock, may sell	and although declared to be person-
without suit, 397.	alty, must be governed by the law of
A decree that such stock be sold, and	the state, like the land on which it is
that it be transferred by the trustee to	founded, 146.
the purchaser, 398.	The termination of a canal, to be ascer-
	tained by reference to its nature and
BASTARDS.	object, 155.
Although as to their property, bastards have no relations who can take by de-	Canal navigation, as distingnished from improved river navigation, 158.
scent or distribution; yet, for moral	The different kinds of canals in reference
purposes, their consanguine relations	to their objects, 159.
are regarded. — Helms v. Franciscus,	Canals intended to contribute to the ma-
582.	rine commerce of the nation, must ter-
Bastards may inherit, or take as heirs or	minate in a port, 162, 165.
next of kin from their mother, 582.
A man cannot be bastardized after the	CAPACITY.
death of his parents, so as to deprive him of his then legitimate capacity. —	Where the legal capacities of parties as charged, are different, such capacities
Campbell's case, 236.	must be considered as if they were dif-
BILL.	ferent persons. — Binney's case, 108;
	Tilly v. Tilly, 445.
A plaintiff must state in his bill, such facts as are necessary to entitle him to	The several kinds of personal incapacity to contract. — Corrie's case, 490.
relief; and also shew why he may ask
that relief of a court of equity. — Town-	CAVEAT.
shend v. Duncan, 45.	In caveat cases, there being no appeal.
Where an infant takes as devisee, it is	it is usual, where there is a reasonable
not necessary to alledge in the bill that he received the rents and profits, in	1 doubt, to let the patent go, so as thereby in effect, to give the benefit of an ap-
order to charge him; because it is the duty of his guardian to take care of his estate, 45.	peal.— The Rail Road v. Hoye, 263. COMMISSIONS.
Several infants may join in the same bill	The commissions allowed to a trustee,
for an account of the rents and profits	not to be lessened on account of that
of their estate.— Woodward v. Chap-	for which he had been charged with
man, 68.	compound interest, — Winder v. Diffen-
The bill assumes two propositions; first, that the subject is within the jurisdic-	derffer, 207. As the commissions allowed to an execu-
tion of the court; and second, that all	tor or administrator, are intended to
parties entitled to relief, or against	cover expenses, he cannot be allowed
whom it may be granted, are before	full commissions, and a fee to lawyers
the court; a defect in these particulars	also. — Tyson v. Hollingsworth, 332.
may be shewn at any time. — Binney's case, 104.	A proportion of interest given on the commissions allowed to the trustee who
BOND.	made the sale, 333; Brown v. Wallace, 590, 591
Bonds taken by a. trustee under a decree, may be ordered to be assigned to those who are entitled to so much of the pro- ceeds. — Exparte Boone, 321; McMul-	Commissions allowed by the Orphans Court, in cases properly before it, can- not be reversed by this court. — Jones v. Stockett, 416.
lin v. Burris, 357. A bond taken by a creditor of an heir, will not operate as a relinquishment of such creditor's preference, as against	Commissions adjusted and allowed, aa between a former and a present trus- tee. — Andrews v. Scotton, 672.
the estate descended. — Hindman v.	CONSTITUTION.
Clayton, 342.	The sovereignty being in the people, our