er cession to the United States by Act N. J. | Review of criminal prosecutions, see "Criminal March 12, 1846, of jurisdiction over a portion Law," § 7. of that peninsula for military purposes.-Ham- burg-American S. S. Co. v. Grube, 352.
ADVERSE POSSESSION.
§ 1. Nature and requisites.
Title to right of way granted by Congress to Northern Pacific Railroad Company cannot be acquired by adverse possession for private use under state statute of limitations, unless land adversely held would have been confirmed to the holder by Act April 28, 1904, c. 1782 (33 Stat. 538).-Northern Pac. Ry. Co. v. Ely, 302; Same v. Hasse, 305.
Due process of law as regards right of Chinese to enter United States, see "Constitutional Law," § 7.
Right to habeas corpus in exclusion cases, see "Habeas Corpus," § 1.
1. Exclusion or expulsion.
Decision of Secretary of Commerce and La- bor, affirming denial by immigration officer of right of Chinese to enter the United States, held conclusive under Act Aug. 18, 1894, c. 301, § 1, 28 Stat. 372, 390 [U. S. Comp. St. 1901, p. 1303], in habeas corpus proceedings when citi- zenship is claimed, as also when the ground is domicile.-United States v. Ju Toy, 644.
1. Record and proceedings not in rec- ord.
Errors committed in sustaining refusal of trial court to give certain instruction or set aside assessment in condemnation cannot be con- sidered on writ of error, in the absence of a suf- ficient bill of exceptions.-Metropolitan R. Co. v. MacFarland, 28.
Allowances of an increase paid to army offi- cers serving in insular commissions and be- Act May 26, 1900, c. 586, 31 Stat. 211, and yond limits of the United States, given by Act March 2, 1901, c. 803, 31 Stat. 903 [U. S. Comp. St. 1901, p. 896], do not inure to naval Act March 3, 1899, c. 413, 30 Stat. 1007 [U. S. officers discharging ordinary sea duties, Comp. St. 1901, p. 1072], equalizing the pay of army and navy officers, because of proviso of section 13 of the act.-United States v. Thom- as, 102; Thomas v. United States, Id.
Naval officers held not entitled to sea pay while traveling on duty partly on merchant steamer and partly on land; this not being sea service, within Rev. St. U. S. § 1571 [U. S. Comp. St. 1901, p. 1079].-United States v. Thomas, 102; Thomas v. United States, Id.
Cadet in the United States Military Academy held not an officer in the army, within Rev. St. U. S. 1229 [U. S. Comp. St. 1901, p. 868],
Of pleadings, effect of limitation, see "Limita- prohibiting dismissals, except after conviction tion of Actions," § 1.
AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Courts," §§ 2-11.
ANTI-TRUST LAW
See "Monopolies," § 1.
APPEAL AND ERROR.
Review by supreme court, see "Courts," §§ 7, 8. Review of bankruptcy proceedings, see "Bank- ruptcy," § 4.
by court-martial.-Hartigan v. United States, 204.
An aid to a rear admiral held entitled, in addition to his regular pay, to the same com- pensation as is allowed an aid to a major general, under Navy Personnel Act, c. 413, § 13, 30 Stat. 1004 [U. S. Comp. St. 1901, p. 1072]. -United States v. Crosley, 261.
Mounted pay cannot be given to an aid to a rear admiral, under Navy Personnel Act, c. 413, § 13, 30 Stat. 1004 [U. S. Comp. St. 1901, p. 1072], though an aid to a major general is entitled to mounted pay, under Army Regu- lations 1895, § 1301, when read in connection with Rev. St. U. S. § 1270 [U. S. Comp. St. 1901, p. 899].-United States v. Crosley, 261.
Shore duty performed by naval officer under orders held not incompatible with his permanent assignment, so as to defeat his right to sea pay See "Exchanges." while so engaged.-United States v. Engard, 322.
Against national bank, see "Banks and Bank- ing," 1
Pay proper, on which percentage of increas- ed pay to army officer serving in the Philip- pines is to be computed, under Act May 26, 1900, c. 586 (31 Stat. 211), and Act March 2, 1901, c. 803, 31 Stat. 903 [U.S. Comp. St. 1901, p. 8961 includes longevity pay, to which he is entitled under Rev. St. U. S. § 1262 [U. S. Comp. St. 1901, p. 896], as well as the mini- mum pay prescribed by section 1261 [U. S. Duty to adopt, see "Master and Servant," § 1. Comp. St. 1901, p. 893] for his grade.-United States v. Mills, 434.
Confirmation by President of sentence of court-martial held sufficiently shown.-Bishop See "Pledges." v. United States, 440.
Confirmation of sentence of court-martial by officer convening it was not required by Act July 17, 1862, c. 204, arts. 19, 20, 12 Stat. 605. where sentence extended to dismissal.-Bishop v. United States, 440.
Suspension of naval officer charged with drunkenness and neglect of duty held not such a punishment for the offense as precludes, under Navy Regulations 1865, par. 1205, further pro- ceedings by court-martial.-Bishop v. United States, 440.
Copy of charges against naval officer, together with specifications, to be served, under Navy Regulation Act April 23, 1800, c. 33, art. 38, 2 Stat. 50, 51, on person sought to be court- martialed, need not be served when he is placed under arrest, as a temporary precaution for the preservation of good order, but is in time where he is returned to duty, conformably to Navy Regulations 1865, par. 1202, when made on the day of rearrest.-Bishop v. United States, 440. Expressed satisfaction of accused with the court-martial precludes collateral attack on its judgment because as many officers were not summoned as could be convened, as Act July 17, 1862, c. 204, art. 11, 12 Stat. 603, required. -Bishop v. United States, 440.
The arrest referred to in Rev. St. U. S. § 1624, art. 43 [U. S. Comp. St. 1901, p. 1117], as the time when a copy of the charges on the trial by a naval court-martial is to be furnish- ed, is an arrest resulting from the preferring of the charges by the proper authority.-United States v. Smith, 489.
The prohibition against the convocation of a general court-martial by a commander of a fleet, without order of the President, under Rev. St. U. S. § 1624, art. 38 [U. S. Comp. St. 1901, p. 1116], when the fleet is in the waters of the United States, applies only to those wa- ters within what was termed by Act March 3, 1901, c. 852, 31 Stat. 1108 [U. S. Comp. St. 1901, p. 1040], the continental limits of the United States.-United States v. Smith, 489.
Due process of law, see "Constitutional Law," $7.
Of naval officer, see "Army and Navy." Of seaman, see "Seamen."
Due process of law, see "Constitutional Law," § 7. Of expenses of public improvements, see "Mu- nicipal Corporations," § 1.
Of tax, see "Taxation," § 4.
Regulation of hours of employment as inter- ference with liberty to contract, see "Consti- tutional Law," § 3.
Commencement of action by trustee as starting Foreign judgments, see "Judgment," § 3. running of interest, see "Interest," § 1. Review by Supreme Court, see "Courts," § 8.. § 1. Petition, adjudication, warrant, and custody of property. Failure of adverse claimants to abandon claims to property not in possession of receiver in bankruptcy held not a waiver of their objec- tions or consent to an exercise of jurisdiction by the court of bankruptcy.-First Nat. Bank v. Chicago Title & Trust Co., 693.
A court of bankruptcy, after adjudging, in a proceeding by the receiver for directions as to a sale, that the receiver was not in possession, has no jurisdiction to decree the sale. Nat. Bank v. Chicago Title & Trust Co., 693. § 2. Assignment, administration, and distribution of bankrupt's estate. A creditor, by electing to bring an action in trover, does not deprive his debt of its provable character under Bankr. Act July 1, 1898, c. 541, $ 63a, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447], where founded upon an open account, or a contract, express or implied.-Crawford v. Burke, 9.
A claim for conversion by stockbrokers of shares held on customer's account held prov- able under Bankr. Act July 1, 1898, c. 541, § 63a, 30 Stat. 562 [U. S. Comp. St. 1901, n. 3447], as a debt "founded upon an open ac- count, or upon a contract, express or implied." -Crawford v. Burke, 9.
Evidence of dealings between debtor and cred- itor, prior to a transaction alleged to be a pref- erence under Bankr. Act July 1, 1898, c. 541. § 60, 30 Stat. 544, 562 [U. S. Comp. St. 1901, p. 3445], held admissible on the question of knowledge of creditor.-Kaufman v. Tredway, 33.
To secure set-off in favor of creditor who, aft- er receiving preference in good faith, extends further credit, which is allowed under Bankr. Act July 1, 1898, c. 541, § 60c, 30 Stat. 544, 562 [U. S. Comp. St. 1901, p. 3445], it is not necessary that the property should remain a part of the debtor's estate until the adjudica- tion in bankruptcy.—Kaufman v. Tredway, 33.
Trustee in bankruptcy held to have no greater rights against bankrupt's chattel mortgagee,
taking possession of after-acquired property | S. Comp. St. 1901, p. 3447].-Wetmore v. Mar- under the mortgage, because of an attachment koe, 172. and second chattel mortgage, both dissolved by the bankruptcy proceedings.-Thompson v. Fair- banks, 306.
cannot be asserted by bankrupt on termination Title to claim for usury paid national bank of bankruptcy proceedings.-First Nat. Bank v. Lasater, 206.
Enforcement in Vermont of the inchoate lien of a valid recorded chattel mortgage covering after-acquired property held not a preference, voidable by the trustee in bankruptcy, though taken within four months of filing of petition.- Thompson v. Fairbanks, 306.
Sum retained by corporate creditor, with knowledge of debtor's insolvency and within four months of bankruptcy proceedings, held not voidable preference, under Bankr. Act July 1, 1898, c. 541, §§ 57g, 60b, 30 Stat. 553 [U. S. Comp. St. 1901, pp. 3443, 3445].-Western Tie & Timber Co. v. Brown, 339.
Corporate creditor held not entitled to set off, in proving claim against bankrupt's estate, sum retained by it due the bankrupt with knowl- edge of debtor's insolvency.-Western Tie & Timber Co. v. Brown, 339.
Creditor of bankrupt, who in good faith re- ceived a preference, voidable under Bankr. Act July 1, 1898, c. 541, § 67e, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3449], and who retained in good faith the preference until deprived there- of by the trustee, may prove his debt, notwith- standing provision of section 57g.-Keppel v. Tiffin Sav. Bank, 443.
Taking possession of mortgaged property un- der an unrecorded chattel mortgage held not a preference, voidable by the mortgagor's trustee in bankruptcy.-Humphrey v. Tatman, 567.
Exemption of policies of life insurance under Bankr. Act July 1, 1898, c. 541, § 6, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3424], where ex- empt from execution by the state law, held not qualified by proviso in section 70a of that act. Holden v. Stratton, 656.
A court of bankruptcy has jurisdiction under Bankr. Act July 1, 1898. c. 541, § 2, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3420], to deter- mine rights of property in its possession. Whitney v. Wenman, 778.
§ 3. Rights, remedies, and discharge of bankrupt.
Only debts created by fraud of a bankrupt while he was acting as an officer or in a fiduci- ary capacity are excepted from the operation of a discharge in bankruptcy by Act July 1, 1898, c. 541, § 17, subd. 4, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428].-Crawford v. Burke, 9.
Knowledge of bankruptcy proceedings on part of creditor, not acquired until after discharge, though in time to prove claim under Bankr. Act July 1, 1898, c. 541, § 65, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3448], and to move under section 15 (30 Stat. 550 [U. S. Comp. St. 1901, p. 3428]) to revoke the discharge, held not actual knowledge of the proceedings, which under sec- tion 17 (30 Stat. 550 [U. S. Comp. St. 1901, p. 3428]) is essential to the release by discharge of provable debts not duly scheduled.-Birkett v. Columbia Bank, 38.
Judgment of state court held rendered in an action for fraud, so as to be exempt by Bankr. Act July 1, 1898, c. 541, § 17, subd. 2, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], from opera- tion of discharge in bankruptcy. - Bullis v. O'Beirne, 118.
Discharge in bankruptcy held not to bar the collection of arrears in alimony, under decree for divorce; it not being a debt within Bankr. Act July 1, 1898, c. 541, § 63, 30 Stat. 562 [U.
4. Appeal and revision of proceedings. jurisdiction to adjudicate validity of equitable Decision of bankruptcy court, upholding its lien on assets of bankrupt, held not to create a question of jurisdiction, sustaining direct ap- peal to federal Supreme Court, under Act March 3, 1891, c. 517, 26 Stat. 827 [U. S. Comp. St. 1901, p. 549], since jurisdiction to deter- mine claims to exemptions is given by Bankr. Act 1898, c. 541, § 2, subd. 11, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3421], to bankruptcy courts. Lucius v. Cawthon-Coleman Co., 214.
Claim of right of set-off in proceeding in bankruptcy presents a claim of federal right, which will sustain an appeal from Circuit Court of Appeals judgment rejecting claim to the Supreme Court of the United States under Bankr. Act July 1, 1898, c. 541, § 25, cl. (b) 1, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432).— Western Tie & Timber Co. v. Brown, 339.
No appeal lies from decree of the court of bankruptcy in a proceeding by the receiver for directions as to a sale of property, as it is not an independent suit, and can only be reviewed by the Circuit Court of Appeals by revision in matter of law, under Bankr. Act July 1, 1898, 1901, p. 3432], on due notice and petition.— c. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. First Nat. Bank v. Chicago Title & Trust Co., 693.
BANKS AND BANKING.
Right of bankrupt to assert title to claim for Taxation of national banks, see "Taxation," §§ usury, see "Bankruptcy," § 3.
§ 1. National banks.
National bank, in action on note, cannot es- cape forfeiture on a plea of usury of entire in- terest, under Rev. St. U. S. § 5198 [U. S. the excess.-Citizens' Nat. Bank v. Donnell, 49. Comp. St. 1901, p. 3493], by offering to remit
National bank charging 12 per cent. on over- drafts, where 8 per cent. is the highest rate al- lowed by the state, cannot escape forfeiture prescribed by Rev. St. U. S. § 5198 [U. S. Comp. St. 1901, p. 3493].-Citizens' Nat. Bank v. Donnell, 49.
By compounding interest oftener than is per- mitted by Rev. St. Mo. § 3711, the national bank charges interest at a higher rate than that allowed by the laws of the state, within the meaning of Rev. St. U. S. § 5197 [U. S. Comp. St. 1901, p. 3493].-Citizens' Nat. Bank v. Don- nell, 49.
Giving a renewal note will not sustain re- covery from national bank, under Rev. St. U. S. § 5198 [U. S. Comp. St. 1901, p. 3493], on account of usurious interest in original note.- First Nat. Bank v. Lasater, 206.
The personal liability of shareholders in a national bank, under Rev. St. U. S. § 5151 [U. S. Comp. St. 1901, p. 3465], held not a contract liability, making applicable the lim- itation prescribed by Ballinger's Ann. Codes & St. Wash. § 4800, subd. 3.-McClaine v. Ran- kin, 410.
Jurisdiction over the person or property of a national bank is not acquired by the issue of an attachment out of a state court before judg-
ment, which, by reason of Rev. St. U. S. § 5242 [U. S. Comp. St. 1901, p. 3517], is beyond the power of the court.-Van Reed v. People's Nat. Bank, 775.
No right of attachment against a national bank before judgment in a suit in a state court is given by Act July 12, 1882, c. 290, § 4, 22 Stat. 163 [U. S. Comp. St. 1901, p. 3458].- Van Reed v. People's Nat. Bank, 775.
A national bank is within the exemption from issue of attachment before judgment given by Rev. St. U. S. § 5242 [U. S. Comp. St. 1901, p. 3517].-Van Reed v. People's Nat. Bank,
Authority of receiver, see "Railroads." § 1. Carriage of goods by vessels, see "Shipping," $ 1.
Customs, see "Customs and Usages." Regulation of, see "Commerce," §§ 2, 3. 1. Carriage of goods.
General agent of a receiver of a railroad company held acting as agent for such receiver, and not as agent of a connecting steamship company, in agreeing to forward a through shipment by a steamer sailing on a specified
Of action by former adjudication, see "Judg- date.-Northern Pac. Ry. Co. v. American ment," § 1.
Special agreement of railway receiver to for- ward a through shipment by steamer of a con- necting carrier sailing on a designated day held not modified by bill of lading issued, where the bill was not examined or read.-Northern Pac. Ry. Co. v. American Trading Co., 84.
Contract with carrier held to create a special agreement to transport a through shipment by a vessel to a connecting carrier sailing on a designated day.-Northern Pac. Ry. Co. v.
Enforcement of judgment by confession in other American Trading Co., 84. state, see "Judgment," § 3.
BONA FIDE PURCHASERS.
Liability for local assessment, see "Municipal Corporations." § 1.
Of public lands, see "Public Lands," § 2.
BOUNDARIES.
Of state, see "States," § 1.
§ 1. Description.
A rule of local law that the owner of land bordering on a river owns to the center of the channel held to inure to the benefit of a patentee from the United States as against one claiming homestead in an unsurveyed island in such riv- er.-Whitaker v. McBride, 530.
Nonperformance of special agreement of car- rier to forward a through shipment by steam- er of connecting carrier sailing on a designated day held not excused by refusal of collector of port to grant a clearance while the freight was on board, because it was contraband of war. Northern Pac. Ry. Co. v. American Trading Co., 84.
Mistaken refusal of collector of port to grant a clearance while certain freight was on board, because contraband of war, held not a restraint of princes, rulers, or people, within clause in bill of lading, so as to excuse nonperformance of agreement to forward shipment by such refus- al.-Northern Pac. Ry. Co. v. American Trad- ing Co., 84.
Incident to habeas corpus, see "Habeas Cor- pus," § 2.
To circuit court of appeals, see "Courts," § 7.
A patentee from the United States has all See "Equity." the rights of a riparian owner in the channel opposite his banks, though his land is surround- ed by two channels of the river.-Whitaker v. McBride, 530.
Against naval officers, copy for accused, see "Army and Navy."
By court to jury, see "Trial," § 1.
Adoption by United States courts of state laws as rules of decision. see "Courts," § 6. As breach of condition in insurance policy, see "Insurance," § 3.
As preference, see "Bankruptcy," § 2.
Constitutionality of ordinance relating to gam- ing, see "Constitutional Law," § 6. Due process of law as regards right to enter United States, see "Constitutional Law," § 7.
Exclusion or expulsion, see "Aliens," § 1. clause of federal Constitution.-American Ex- Right to habeas corpus in exclusion cases, see press Co. v. State of Iowa, 182; Adams Ex- "Habeas Corpus," § 1.
press Co. v. Same, 185.
§ 2. Subjects of regulation.
A dining car in constant use, while waiting for a train to be made up for its next interstate trip, is used in moving interstate commerce, within Act March 2, 1893, c. 196, § 2, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174].-Johnson v. Southern Pac. Co., 158.
Code Iowa, § 5007, imposing taxes on ciga- rette selling, held not an invalid regulation of commerce. Cook v. Marshall County, 233.
Trade in fresh meats held sufficiently shown to be commerce among the states, protected from restraint by Act July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200], by allegations of bill.-Swift & Co. v. United States, 276.
A combination of independent meat dealers in aid of an attempt to monopolize commerce in fresh meats and to restrict competition in purchasing stock held an interference with in- terstate commerce, forbidden by Act July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200].--Swift & Co. v. United States, 276.
3. Means and methods of regulation. State legislation concerning pilotage held not necessarily repugnant to the commerce clause of the federal Constitution.-Olsen v. Smith, 52.
The imposition on the initial or any connect- ing carrier by Code Ga. 1895, §§ 2317, 2318, as condition of availing itself of a contract of ex- emption from liability beyond its own line of the tracing of freight lost or destroyed, is, when applied to an interstate shipment, a violation of the commerce clause of the federal Constitution. -Central of Georgia Ry. Co. v. Murphey, 218.
Taxation of $200 on resident managing agents of nonresident meat packing houses, imposed by Act Ga. Dec. 21, 1900, held not in conflict with commerce clause of federal Constitution as con- strued by the highest state courts.-Kehrer v. Stewart, 403.
Interstate commerce in intoxicating liquors is not unlawfully burdened by an inspection law enacted by a state in the exercise of its police powers, within the meaning of Wilson Act Aug. 8, 1890, c. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 3177].-Pabst Brewing Co.
On judgment of court-martial, see "Army and v. Crenshaw, 552. Navy.
An inspection law enacted by a state under its police powers, within the meaning of Wilson Act Aug. 8, 1890, c. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 3177], relating to intoxicating liquors, held not void as an interference with in- terstate commerce.-Pabst Brewing Co. v. Cren- shaw, 552.
See "Commerce," § 2; "Conspiracy"; "Monop- employed within the limits of the state, held olies," § 2.
Adoption of pilotage regulations as preference in regulation of commerce, see "Pilots." Carriage of goods and passengers, see "Carri- ers"; "Shipping."
Vessel engaged in interstate commerce, but subject to taxation in the state, though enrolled under Rev. St. U. S. §§ 4141, 4311 [U. S. Comp. St. 1901, pp. 2808, 2959], at a port outside the state.-Old Dominion S. S. Co. v. Common- wealth of Virginia, 686.
COMMON CARRIERS.
Review by Supreme Court, see "Courts," § 8. See "Carriers." Sale of liquor to Indians, see "Indians."
§ 1. Power to regulate in general.
Intoxicating liquors, shipped C. O. D. from one state into another, cannot be subject to seizure in the latter state, while in the hands of express company, without infringing commerce
For carrying mails, see "Post Office," § 1. For performance of contract, see "Contracts," § 2.
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