830 Q-Train-wrecking is punished how?

A. With death or imprisonment in the state prison for life, at the option of the jury convicting.-(P. C. 219.)

831 Q.-Treason consists in what?

A.-Levying war against the state, or adhering to and giving aid and comfort to its enemies in time of war.-(P. C. 37; Const. 1879, art. I, 20.)

832 Q.-Treason may be committed by whom?

A. Those persons, only, who owe allegiance to the state.-(P. C. 37.) 833 Q.-Treason is punished how?

A. By death.-(P. C. 37.)

834 Q.-Misprision consists in what?

A. (See question and answer 793, 794.)

835 Q.-United States flag, desecrated how?

A. By putting, placing or causing to be placed upon the flag or any ensign thereof, for display, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever, or exhibiting or displaying a flag or ensign thereof so desecrated and marred; or who mutilates, tramples upon or otherwise defaces or defiles such flag, or who places or causes to be placed such flag or indication of such flag on any manufactured article or covering to said article, or uses or causes such flag to be used as a trade-mark.-(P. C. 310.)

836 Q.-Flag-desecration is punished how?

A. By fine of not more than two hundred dollars or imprisonment of not more than one year, or both, for each and every offense, in the county jail in the county in which the conviction is had.-(P. C. 310.)

837 Q.-Unlawful assembly consists of what?

A. Two or more persons assembled together to do an unlawful act who separate without advancing toward such act, or to do a lawful act in a violent, boisterous, or tumultous manner.-(P. C. 407.)

838 Q.-Unlawful assembly is punished how?

A. As a misdemeanor.-(P. C. 408.)

839 Q.-Vagrants consist of whom?

A.-Persons who live idly, without any settled homes, and who refuse to work, or go about begging.-(Bouv.; P. C. 647.)

840 Q.-Vagrants are punished how?

A. By a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.-(P. C. 647.)

841 Q.-Violation of sepulture is what?

A.-Mutilating, removing from place of sepulture the body of any human being without authority of law, except the removal of dead body by a relative or friend for reinterment.-(P. C. 390.)

842 Q.-Violating sepulture is punished how?

A. By imprisonment in the state prison not exceeding five years.-(P. C. 290-1.)

MAXIMS IN EQUITY AND OF JURISPRUDENCE.

Maxims in Equity.

1. Equity will not suffer a right to be without a remedy.

2. Equity follows the law.

3. Equity aids the diligent and not the negligent.

6.

7.

8.

9.

10.

11.

He who comes into equity must do so with clean hands.
He who seeks equity must do equity.

Equity looks upon that as done which ought to be done.

Between equal equities priority of time will prevail.
Equity imputes an intention to fulfill an obligation.
Equity acts in personam.

12. Equity acts specifically and not by way of compensation.

Maxims of Jurisprudence.

13. When the reason of a rule ceases, so should the rule itself. 14. Where the reason is the same, the rule should be the same. 15. One must not change his purpose to the injury of another.

16.

Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement. One must so use his own rights as not to infringe upon the rights of another. 18. He who consents to an act is not wronged by it.

17.

19. Acquiescence in error takes away the right of objecting to it.

20. No one can take advantage of his own wrong.

21.

22.

He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

He who can and does not forbid that which is done on his behalf is deemed to have bidden it.

23. No one should suffer by the act of another.

24. He who takes the benefit must bear the burden.

25. One who grants a thing is presumed to grant also whatever is essential to its use. 26. For every wrong there is a remedy.

27. Between those who are equally in the right, or equally in the wrong, the law does not interpose.

28. Between rights otherwise equal, the earliest is the preferred.

29. No man is responsible for that which no man can control.

30.

31.

The law helps the vigilant, before those who sleep on their rights.
The law respects form less than substance.

32. That which ought to have been done is to be regarded as done, in favor of him to

whom, and against him from whom, performance is due.

33. That which does not appear to exist is to be regarded as if it did not exist.

34. The law never requires impossibilities.

35.

The law neither does not require idle acts.

36. The law disregards trifles.

37.

38.

Particular expressions qualify those which are general.
Contemporaneous exposition is in general the best.

39. The greater contains the less.

43. The incident follows the principal, and not the principal the incident.

44.

An interpretation which gives effect is preferred to one which makes void. 45. Interpretation must be reasonable.

46. Where one or two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer.