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Jurisdiction of courts over, see

Conclusiveness on courts of declaration of De

COURTS, § 17.

partment of State as to recognition of, see .... COURTS, § 69.

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injured man, see

MASTER AND SERVANT, §§ 27 j, 28 i.

MASTER AND SERVANT, § 29 f.

Assumption of risk of injury by negligence of, see .. MASTER AND SERVANT, § 238 c.

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ATTACHMENT, § 20.

BAIL AND RECOGNIZANCE, §§

14 d-g, 15 a, 16 b.

BANKRUPTCY, § 101.

BANKS, § 13 a.

Of payments of, or stock in, loan association, see .. BUILDING AND LOAN ASSOCIA

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Construction of provision in building contract

for forfeiture for delay, see

Validity of enterprise depending on, see

Contract to procure forfeiture of timber lands
included in railroad land grant, see
Of wages by quitting work without notice, see
Of wages, by embezzlement, see .....

Of fifty-year option for thirty-year mining lease,
Necessity of new consideration for waiver of, see
Of deposit made by bidder for public work, see
Of franchise, see

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CONTRACTS, § 563.

BANKS, § 187; CORPORATIONS, XIV.; FRANCHISES, §7; GAS, § 3 a; INJUNCTION, § 33 i; INSURANCE, I. e; PUBLIC UTILITIES, § 3 b; RAILROADS, § 10; STREET RAILWAYS, SS 17-20; TELEPHONES, § 6; WATERS, $$ 257-259. CORPORATIONS, §§ 197, 202 a. CORPORATIONS,

Of corporate stock, see
Of lease of railway property, see

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237

k;

COURTS, 159 d. COVENANTS AND CONDITIONS, § 6 1-n.

COVENANTS AND CONDITIONS, § 59.

CRIMINAL LAW, § 223.

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Provision for payment of half of, to informer, see FINES, § 1 c.

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a. Rules followed in courts of equity, respecting forfeitures, may be available in a suit at law, where the facts make their application necessary to the ends of justice. Webster v. Dwelling House Ins. Co. 30 L.R.A. 719, 53 Ohio St. 558, 42 N. E. 546.

b. One party cannot predicate a forfeit ure upon an omission by the other which his own conduct has helped to bring about. Langnecker v. Ancient Order of United Workmen, 55 L.R.A. 185, 111 Wis. 279, 87 N. W. 293.

c. In order to sustain a forfeiture of property, every condition precedent must be strictly and literally complied with. Morris v. Metalline Land Co. 27 L.R.A. 305, 164 Pa. 326, 30 Atl. 240.

d. Forfeitures are a matter of strict right, and can only be claimed where the requirements of the law have been strictly complied with. Estabrook v. Royon, 32 L.R.A. 805, 52 Ohio St. 318, 39 N. E. 808.

e. When chattels are wrongfully left by their owner on another's premises, the landowner's remedies do not include the exorbitant method of forfeiture. Smith v. Furbish, 47 L.R.A. 226, 68 N. H. 123, 44 Atl. 398.

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MUNICIPAL CORPORATIONS, §

28.

PARTIES, § 49.
PARTIES, § 49.
PATENTS, § 20.
PENALTIES.

PLEADING, 522.
PUBLIC LANDS, § 27.
PUBLIC LANDS, § 30.
RAILROADS, $21 b.

REMOVAL OF CAUSES, § 3 b.
SALE, $$ 94, 95.

SALE, 130 b.
STATUTES, $273.
TAXES, § 6.
TAXES, § 173 b.
TAXES, § 224 c.
TENDER, § 8 d.
TIMBER, § 7.

TRADEMARKS, TRADENAMES, AND
UNFAIR COMPETITION, $56.
TRUSTS, § 91 c.

USURY, $$ 38-40.

VENDOR AND PURCHASER, § 1 c.

VENDOR AND PURCHASER, § 24. VENDOR AND PURCHASER, § 26 b.

VENDOR AND PURCHASER, § 37.

VENDOR AND PURCHASER, § 50.
WATERS, § 221.
WILLS, §§ 265–280.

f. For the purpose of finding grounds for a forfeiture, courts of law will not go so far afield as to determine the enforceability of a contract in equity between parties not before it. Garner v. Milwaukee Mechanics' Ins. Co. 4 L.R.A. (N.S.) 654, 73 Kan. 127, 84 Pac. 717.

§ 2. Remedies and enforcement.

a. Forfeitures are not favored in the law; and where a contract, rightly and intelligently entered into, provides for forfeiture, the one who desires to avail himself of the forfeiture must act promptly and fairly with the party whose rights are to be forfeited under the terms of the contract. O'Connor v. Knights & Ladies of Security, L.R.A.1917B, 897, 178 Iowa, 383, 158 N. W. 761.

b. Equity will not take affirmative, active steps to enforce a forfeiture. McGraw Oil & Gas Co. v. Kennedy, 28 L.R.A. (N.S.) 959, 65 W. Va. 595, 64 S. E. 1027.

e. It is a universal rule in equity never to enforce either a penalty or a forfeiture. Krutz v. Robbins, 28 L.R.A. 676, 12 Wash. 7, 40 Pac. 415.

d. A court of equity will not lend its aid to enforce a forfeiture of a condition sub

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