INDEX.—2 BLAND. 661

EMINENT DOMAIN.

A grant of the power of eminent domain is one which must be con-
strued strictly; it cannot be exercised for any but a public purpose;
and. in general, does not admit of any repetition. Binney's Case, 95.

EVIDENCE.

1. The probate of a will, in relation to real estate, considered as prima
facie evidence. Townshend v. Duncan, 40.

2. No parol proof, nor any part of the proceedings of either branch of
the Legislature, can be admitted to explain the language of an Act
of Assembly; except as to private Acts, in rwhich there maybe a
latent ambiguity. Binney's Case, 95.

3. A person who had been absent, and not heard from for seven years,

was presumed to be dead. Tilly v. Tilly, 417.
See PRACTICE, 14, 15.

EXECUTORS AND ADMINISTRATORS.
See DEBTOR AND CREDITOR, 19, 31.
JUDGMENT.
PLEADING. 12.

FRAUD.

See DEBTOR AND CREDITOR, 2. 5, 52.
STATUTES, 2.

GUARDIAN AND WARD.

1. Duties and powers of the guardian ad litem of an infant defendant.
Hammond v. Hammond. 287.

2. When the answer of an infant defendant by guardian is conclusive

against him. Ib.
8. This Court may appoint a guardian for a female infant above eighteen

and under twenty-one years of age. Waring v. Waring, 637.
See INFANT, 10,11.

PLEADING, 4.

PRACTICE, 1.

HABEAS CORPUS.

See JURISDICTION, 4. . .

HUSBAND AND WIFE.

1. A husband, who can derive no pecuniary benefit from a decree to
account, must, nevertheless, be permitted to attend, and to except,
for the protection of his own rights. Helms v. Franciscus, 519.

2. The binding and peculiar nature of the contract of marriage. Ib.
3. To preserve the public peace and morals, and upon the ground of a

stronger policy overruling a weaker one. a separation of husband

and wife may be allowed. Ib.

4. A. feme covert may, in the prescribed mode, contract for her property,
or, in equity, dispose of her separate estate. Ib.

5. The nature of a separate maintenance and of pin-money, Ib.

6. A separate maintenance may be awarded on the ground of malcon-
duct of the husband. Ib.

7. The jurisdiction of this Court as to alimony. Ib.
8.. This Court may give to the wife a separate maintenance out of her
own estate. Ib.