8. Where the plaintiff was injured at a point where the railroad track 9. Where the common master invests one of his employees with the power 10. So, while there may be nothing in the nature of the employment of a II. One who is injured by jumping from a moving train is generally bar- RECEIVER: 1. Where a party establishes an apparent right to land, and the person in 2. Quare, whether a deed executed by the executor of a deceased mortga- RECITALS IN A JUDGMENT: The recitals in a final judgment cannot change the force and effect of an RECORDS: 1. Records of other States to be used in evidence in this State, must have the attestation of the clerk of the Court whose record is offered, and the seal of the Court, if it have one. If there be no seal, this fact must appear in the certificate of the clerk; and the Judge, Chief Justice, or presiding magistrate of such Court, must certify that the record is properly attested. Kinsley v. Rumbough, 193. 2. In such case, it is not necessary that the Governor of the State should certify under the great seal of the State to the official character of the Judge who makes the certificate, nor that the clerk should make such certificate, under his official seal. The provisions of $906 of the Revised Statutes of the United States do not apply to records of Courts and judicial proceedings. Ibid. REFERENCE: 1. While a defendant has the right to have a plea in bar passed on by a jury before an account is ordered, yet he may waive the right to have it passed on by a jury at all, and by consenting to a reference he waives this right. Grant v. Hughes, 177. 2. Where an order of reference is made without objection or opposition it is equivalent to consent and is a waiver of the right to have the issue tried by a jury. Ibid. 3. It seems that an appeal will lie from an order of reference, where there is an undisposed of plea in bar, and the defendant objects to the reference on that ground. Ibid. 4. Where an appeal is taken to this Court from the action of a Judge in passing upon exceptions to the report of a referee, exceptions should be taken and stated in the record to the rulings of the Judge which it is sought to have reviewed, and the case ought not to be sent to this Court to be heard only on the exceptions taken to the ruling of the referee. Bank v. M'f'g Co., 298. 5. Where an order is made recommitting a report to a referee with directions to reform it in the particulars set out in the order, to which no exception is made, the complaining party cannot except to the report as reformed in the manner directed, and thus review the order of rereference, but he must except to the order itself at the time it is made. Cowles v. Curry, 331. 6. This Court cannot consider exceptions to the findings of a referee which depend upon the evidence when no evidence is sent up with the transcript. Jones v. Call, 337. 7. Where in the trial of an action before a referee the defendant puts his defence on one point which is sustained by the referee, he cannot ask to have other defences tried, not raised before the referee, when the conclusions of the referee have been reversed. Wiley v. Logan, 510. 8. So, in an action against the defendant for failing to account for notes put into his hands for collection, the referee ruled that the action could not be maintained for want of a demand, which ruling was sustained by the Superior Court, but sufficient facts were found by the referee to warrant a judgment, the question of demand being removed; It was held, that upon reversing the judgment in the Supreme Court the defendant was not entitled to have the case retried on the issue as to whether he had ever received the claims or not. Ibid. REGISTRATION: 1. Where one who knows of a prior unregistered deed of trust or mortgage procures a mortgage for his own benefit on the same property, which is registered first, he gets the first lien on the property, unless he used fraud to prevent the registration of the mortgage which is first in date. Bank v. M'f'g Co., 298. 2. Two corporations were under the same management, and one of them executed a mortgage on its property to secure a debt, and afterwards this debt was assumed by the other corporation, which executed a mortgage on its property to secure it, and the mortgage on the property of the original debtor corporation was cancelled. After the expiration of some time, the original debtor corporation again assumed the payment of this debt, executed a new mortgage to secure it, and the mortgage on the second corporation was cancelled; It was held, that under the provisions of our registration laws, as against creditors, the cancelled mortgages were inoperative, and the secured creditor could claim no liens or priorities under them. Ibid. 1. Only those persons whose names appear on the registration books are qualified voters, within the meaning of Art. 7. §7, of the Constitution. Southerland v. Goldsboro, 49: Duke v. Brown, 127; Markham v. Manning, 132. 2. The registration books are prima facie evidence of the number of qualified voters in a town, but they are open for correction on account of deaths, &c., and perhaps for intrinsic disqualifications and errors in admitting persons to register. Ibid. 3. Before an election is held, opportunity must be given to all persons entitled to become qualified voters to register, and if this opportunity is denied, either purposely or by accident, it may vitiate the election, and will certainly do so, if such denial should materially affect the result. McDowell v. Cons. Co., 514; Goforth v. Cons. Co., 535. RENTS: 1. Where by will land is devised to a trustee, to rent the land and pay the 2. Where a party establishes an apparent right to land, and the person in 3. Quare, whether a deed executed by the executor of a deceased mort- RES JUDICATA: 1. Where the rights of parties have been once judicia'ly determined, it is 2. Where the title to a tract of land has been passed upon in one action RESULTING TRUSTS: 1. While trusts, unless annexed as an incident to a conveyance of the legal 2. Where an agreement is made between husband and wife, that the pro- 3. Where a husband contracts with his wife to invest money received from RIPARIAN OWNER: The riparian owner of land has the right, under our entry laws, to enter ROADS: 1. The County Commissioners are vested by the statute with the power to 2. The main question to be determined as to the propriety of laying out a 3. Where in such case, the applicants submitted an issue whether such pro- 4. It is well settled that the omission of the trial Judge to charge the jury 5. Evidence that there are private ways near to the proposed location of 6. The continuous use of a road as of right for the prescribed time is evi- 7. Interruptions of the use of an easement when brought to the knowledge 8. Interruptions of the use after the lapse of the time which raises the pre- 9. As the presumption of a grant will arise by an adversary and contin- 10. Where the plaintiff had a right to use a road which ran over the right |