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regard to third parties, who had no connection with the agent in the perpetration of the fraud. -Armstrong v. Ashley, 270.

PRINCIPAL AND SURETY.

See "Guaranty."

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Mineral lands, see "Mines and Minerals," § 1. Power of congress over arid land in territories, see "Territories."

Power of United States to reclaim arid lands, see "United States," § 1.

Scope and extent of review by supreme court of issues relating to patents to public lands, see "Courts," § 13.

Sureties on bonds on appeal or error, see "Ap- 1. Survey and disposal of lands of

peal and Error," & 8.

PRIORITIES.

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United States.

Order of Land Department directing local land office to suspend from pre-emption, settlement, and sale a body of land "about 20 miles

Of claims against bankrupt estate, see "Bank- in width" held not so indefinite as to be withruptcy," § 5.

PROCESS.

Adoption by federal courts of practice of state
court on questions relating to appearance, see
"Courts," 7.

Effect of appearance, see "Appearance."
In action removed to federal court, see "Re-
moval of Causes," § 4.

To sustain judgment, see "Judgment," § 1.

Particular forms of writs or other process. See "Injunction"; "Mandamus."

PROHIBITION.

Of traffic in intoxicating liquors, see "Intoxicating Liquors."

PROOF.

Of debts in bankruptcy, see "Bankruptcy," § 1.

PROPERTY.

See "Mines and Minerals"; "Shipping."
Adverse possession, see "Adverse Possession."
Constitutional guaranties of rights of property,
see "Constitutional Law," §§ 7-10.
Taking for public use, see "Eminent Domain."

PROXIMATE CAUSE.

Of injury, see "Negligence," § 1.

PUBLIC IMPROVEMENTS.

By municipalities, see "Municipal Corporations," § 2.

PUBLIC LANDS.

Accrual of right of action against homestead
settler, see "Limitation of Actions," § 1.
Adverse possession of rights in, see "Adverse
Possession," § 1.

Claims against United States for commissions
in sale of, see "United States," § 2.
Dismissal of writ of error in supreme court in
proceedings involving questions relating to,
see "Courts," § 13.

Jurisdiction of United States supreme court in
cases involving questions relating to land
claims, see "Courts," § 11.

out legal force as to lands within 10 miles of a railroad for the benefit of which the order was made.-Northern Lumber Co. v. O'Brien, 249.

*Where land at the date of the grant, under Act July 2, 1864, c. 217, 13 Stat. 365, 367, to the Northern Pacific Railroad Company, was withdrawn for the benefit of the Lake Superior

& Mississippi Railroad under prior grant by Act May 5, 1864, c. 79, 13 Stat. 64, it was not public land within the meaning of the later grant, and did not pass under it.-Northern Lumber Co. v. O'Brien, 249.

Sale of a homestead claim before patent, though void, may be treated by the Land Department as abandonment of the homestead application and entry.-Love v. Flahive, 486.

Findings by Secretary of Interior that designated party to a controversy in the Land Department had a right to enter land as a homestead held not to prevent the Department from instituting further inquiry and awarding land to a third person.-Love v. Flahive, 486.

Secretary of Interior, acting through Commissioner of General Land Office, held to have the right to charge various registers and receivers with duty to sell lands ceded by the Osage Indians to the United States by treaty limit their compensation.-Stewart v. United of September 29, 1865 (14 Stat. 687), and to States, 631.

No commissions for selling lands ceded by Osage Indians to the United States by treaty of September 29, 1865 (14 Stat. 687), beyond annual compensation, can be claimed by register of land office.-Stewart v. United States, 631.

Party in possession of public land with intent to enter as a homestead, who makes a sale which Land Department treats as abandonment of right of entry, cannot create a new right as against party to whom he sold.-Love v. Flahive, 729.

§ 2. Spanish, Mexican, French, and Russian grants.

*Judges of superior court of West Florida Congress, within Act June 22, 1860, c. 188 were public officers acting under authority of (12 Stat. 85, 87), § 3, prohibiting commissioners from embracing among the Florida claims to be fore any board or other public officers acting confirmed any claim heretofore presented befraudulent.-United States v. Dalcour, 58. under authority of Congress and rejected as

*Florida land claims previously rejected as fraudulent, when the fraud was of a nature avoiding treaty with Spain February 22, 1819 (8 Stat. 258), as well as when the fraud related to some other material fact, held covered by proviso in Act June 22, 1860, c. 188 (12 Stat. 85), prohibiting commissioners from confirming *Point annotated. See syllabus.

Laws relating to grazing on as denying equal protection of law, see "Constitutional Law," § 6.

any claims rejected as fraudulent.-United | Dismissal of writ of error in supreme court in States v. Dalcour, 58.

*The rejection of a Florida land claim by judge of superior court of West Florida, under Act May 23, 1828, c. 70 (4 Stat. 284, 285), § 6,

for unwarranted alteration in the date of the registro, held to bring the case within Act June 22, 1860, c. 188 (12 Stat. 85), § 3.-United States v. Dalcour, 58.

A judge of the superior court of West Florida, acting under Act May 23, 1828, c. 70 (4 Stat. 284, 285), § 6, had jurisdiction to reject land claim because of unwarranted alteration in date of the registro which would save the grant from invalidity under treaty with Spain February 22, 1819 (8 Stat. 258).-United States v. Dalcour, 58.

Act Cal. April 2, 1866, ratifying conveyances by city of Monterey of pueblo lands confirmed to that city by the United States and patented to it, held valid.-City of Monterey v. Jacks, 67.

PUBLIC USE.

action involving validity of laws relating to condemnation of shares of stock belonging to minority stockholders, see "Courts," § 13. District in which suit must be brought to cancel deeds and leases of railroad property, see "Courts," 3.

Expert testimony as to safety of appliances, see
"Evidence," § 3.
Grants of land in aid, see "Public Lands," § 1.
Judicial sale of property in proceedings to en-
force forfeiture for building outside of right
of way, see "Judicial Sales."
Jurisdiction of United States Supreme Court of
action by trustee of railway suing in name of
state, see "Courts," § 9.

Laws relating to condemnation of stock of rail-
road companies owned by minority stockhold-
ers as impairing obligation of contract, see
"Constitutional Law," § 4.

Laws relating to liability of railroad companies for injuries to servants as denial of due process of law, see "Constitutional Law." § 7. Railroad commission as court within laws forbidding federal courts to enjoin proceedings in state courts, see "Courts," § 18.

Taking property for public use, see "Eminent Railway postal clerks, see "Post Office," § 1. Domain.'

PUBLIC WATER SUPPLY.

See "Waters and Water Courses," § 2.

QUARANTINE.

Appellate jurisdiction of supreme court in action involving regulations, see "Courts," § 14. Regulations interfering with interstate commerce, see "Commerce," § 3.

QUESTIONS FOR JURY.

Regulations interfering with interstate commerce, see "Commerce," § 3.

Regulations of denying due process of law, see "Constitutional Law," § 7.

Taxation of, see "Taxation," §§ 3, 5, 6.

RATIFICATION.

Of acquisition of territory by United States, see "Territories."

Of illegal collection of customs duties, see "Customs Duties," § 1.

Of judicial sales, see "Judicial Sales."

REAL ESTATE AGENTS.

In criminal prosecutions, see "Homicide," § 1. See "Brokers."

QUIETING TITLE.

RECEIPTS.

Appellate jurisdiction of supreme court in ac- Warehouse receipts, see "Warehousemen." tion to quiet title as determined by federal question, see "Courts," § 14.

RAILROADS.

See "Street Railroads."

Accrual of right of action by railroad against homestead settler, see "Limitation of Actions," § 1.

Action against railroad commission against state, see "States," § 2.

one

Adoption by federal court of practice of state
court relative to appearance by, see "Courts,"
§ 7.
Adverse possession against, see "Adverse Pos-
session," § 1.

As employers, see "Master and Servant."
Bar of action to recover land by railroad by
former adjudication, see "Judgment," § 5.
Carriage of goods and passengers, see "Carri-
ers."

Condemnation of shares of stock owned by mi-
nority stockholders as denial of due process
of law, see "Constitutional Law," § 7.
Denial of privileges and immunities of citizens
by laws relating to liabilities for injuries to
servants of interstate carriers, see "Constitu-
tional Law," § 5.

RECEIVERS.

Conclusiveness of adjudication ordering sale of property by, see "Judgment," § 6.

§ 1. Foreign and ancillary receiverships.

Receiver of domestic corporation upon whom, as quasi assignee, is conferred by Gen. Laws Minn. 1899, p. 315, c. 272, authority to enforce liability of stockholders, may sue in a foreign jurisdiction.-Bernheimer v. Converse, 755; Drey v. Same, Id.

RECORDS.

Of assignment of chattel mortgage, see "Chattel
Mortgages," § 1.

Of lis pendens, see "Lis Pendens."
Transcript on appeal or writ of error, see "Ap-
peal and Error," § 4.

REFERENCE.

In bankruptcy, see "Bankruptcy," § 1. *Point annotated. See syllabus.

REHEARING.

§ 2. Citizenship or alienage of parties. The federal court to which a case has been

Appealability of order denying, see "Appeal and removed held to have properly refused to reError," & 2.

RELEASE.

§ 1. Construction and operation.

Claims growing out of delay caused by government as well as by change in specification held included in release given to United States by builders of battleship of all debts, dues, by builders of battleship of all debts, dues, moneys, and demands on account of the construction of the vessel.-United States v. William Cramp & Sons Ship & Engine Bldg. Co., 676; William Cramp & Sons Ship & Engine Bldg. Co. v. United States, Id.

RELIGIOUS SOCIETIES.

Conditions in deed by board of missions, see "Deeds," § 2.

REMAINDERS.

Creation by will, see "Wills," § 1.

REMAND.

Of cause removed from state court, see "Remov al of Causes," § 3.

REMEDY AT LAW.

mand, where the testimony shows that the real purpose of plaintiff in suing jointly in tort a resident employé and his nonresident employer was to prevent exercise of right of removal by defendant.-Wecker v. National Enameling & Stamping Co., 184.

*Express declaration in Code Iowa 1897, § 2009, that on appeal from commissioners' award in condemnation proceedings the landowner shall be plaintiff and the corporation defendant, held not to fix the status of the parties under the removal act.-Mason City & Ft. D. R. Co. v. Boynton, 321.

§ 3. Remand or dismissal of cause.

Uncontradicted testimony that resident employé, sued jointly in tort with nonresident employer, was merely a draftsman engaged in drawing the apparatus alleged to have been so defectively constructed as to have injured plaintiff, held sufficient to support conclusion of law that joining such employé as defendant was for the sole purpose of preventing removal by nonresident defendant.-Wecker v. National Enameling & Stamping Co., 184.

4. Proceedings in cause after removal.

Want of jurisdiction over the person of defendant in case removed to federal court before service of summons on a special appearance does not under Removal Act March 3, 1875, c. 137, § 4, 18 Stat. 471 [U. S. Comp. St. 1901, p. 511], preserving the lien of attachment prevent federal court from entering judgment against real property of defendant which had been attached have rendered such judgment.-Clark v. Wells,

Effect on jurisdiction of equity, see "Injunc- where state court, but for such removal, might tion," § 1.

REMOVAL OF CAUSES.

Appealability of decision on motion to remand, see "Appeal and Error," § 2.

Exercise of right of as appearance, see "Appearance."

Mandamus to compel remand of case to state court, see "Mandamus," § 1.

Objections for purpose of review of questions relating to, see "Appeal and Error," § 3. Removal of accused to other district for trial, see "Criminal Law," § 5.

1. Power to remove and right of removal in general.

*A suit, which by reason of nonresidence of parties could not have been brought in the federal Circuit Court in the first instance, held not removable to that court from the state court on the ground of diverse citizenship, under Act March 3, 1887, c. 373, 24 Stat. 552, and Act. Aug. 13, 1888, c. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508].-Ex parte Wisner, 150.

A party who has wrongfully procured removal from the local Porto Rican court to the federal District Court of a case within the original jurisdiction conferred on the latter court by Act March 2, 1901, c. 812, § 3, 31 Stat. 953, cannot, after judgment against him, assert that the federal court had no jurisdiction because of irregularity of removal, though by Act April 12, 1900, c. 191, § 34, 31 Stat. 84, it is provided that the laws of the United States as to removal of causes shall control in Porto Rico.-Garrozi v. Dastas, 224.

43.

Service by publication as prescribed by state statute for nonresidents cannot be had in federal Circuit Court to which an attachment suit has been removed before service of summons.Clark v. Wells, 43.

RENT.

See "Landlord and Tenant," § 2.

REPEAL.

Of statute by treaty, see "Treaties."

REPLEVIN.

Form of remedy on proceedings for review, see "Appeal and Error," § 1.

REPORT.

By national bank officers, see "Banks and Bank. ing," § 1.

REQUESTS.

For instructions in civil actions, see "Trial," § 1. For instructions in criminal prosecution, see "Criminal Law," § 7.

RES JUDICATA.

See "Judgment," §§ 5, 6. *Point annotated. See syllabus.

RESTRAINT OF TRADE.

Trusts and other combinations, see "Monopolies," 1.

REVENUE.

See "Customs Duties"; "Taxation."

REVIEW.

See "Appeal and Error"; "Certiorari"; "Criminal Law," § 8.

RISKS.

Assumed by employé, see "Master and Servant," § 2.

Within insurance policy, see "Insurance," § 1.

SALES.

Guaranty of purchase price, see "Guaranty," 1. Plea in action on bond to secure price of merchandise, see "Pleading," § 1.

Sales of particular species of, or estates or interests in, property.

See "Intoxicating Liquors."

Patent rights or patented articles, see "Patents,” § 2.

Sales on judicial or other proceedings. See "Judicial Sales."

On foreclosure of mortgage, see "Mortgages," 1.

To enforce levee tax, see "Levees."

1. Conditional sales. *Contract for sale of certain rails, etc., to remain the property of the seller until payment, held a conditional sale, though possession was delivered.-William W. Bierce v. Hutchins, 524.

See "Release."

SATISFACTION.

SCHOOLS AND SCHOOL DISTRICTS.

Conditions in deed of property of mission school, see "Deeds," § 2. Validity in general of laws relating to normal schools, see "Constitutional Law," § 1.

SET-OFF AND COUNTERCLAIM.

§ 1. Liabilities of vessels and owners in general.

not, as a matter of law, free from negligence A captain navigating in Lake Superior held in colliding with an uncompleted extension of a government breakwater.-Davidson S. S. Co. v. United States, 480.

SPANISH GRANTS.

See "Public Lands," § 2.

SPIRITUOUS LIQUORS.

See "Intoxicating Liquors."

STATES.

See "United States."

Appellate jurisdiction of Supreme Court of cases originating in state courts, see "Courts," $$ 13-15.

Courts, see "Courts." Demurrer to pleading in action to adjust liabilities of for indebtedness, see "Equity," § 2. Interstate extradition, see "Extradition," § 2. Legislative power, see "Constitutional Law," § 2. Original jurisdiction of United States Supreme Court of actions by or between, see "Courts," $9.

Power to define and punish crime, see "Criminal Law," § 1.

Right of to sue United States, see "United States," § 3.

Water rights as between, see "Waters and Water Courses," §§ 1, 2.

§ 1. Political status and relations.

Evidence held not to support a verdict that channel of the Mississippi river ran to the west of a certain island when Mississippi was admit ted to the Union, and was, therefore, a part of such state.-Moore v. McGuire, 483. § 2.

Actions.

A suit to enjoin enforcement of order by Mississippi Railroad Commission held not a suit against the state.-Mississippi R. Commission v. Illinois Cent. R. Co., 90.

Foreign corporations will be enjoined at suit of state of Georgia from discharging sulphurous fumes from their works in Tennessee, polluting State of Georgia v. Tennessee Copper Co., 618. air over large tracts of territory in Georgia.

The state of Georgia held not guilty of laches barring her right to injunction to restrain pollution of air by sulphurous gases discharged by foreign corporation from their works in Tennessee. State of Georgia v. Tennessee Copper Co., 618.

In court of claims, see "Courts," § 17.
Pleading matter of set-off or counterclaim, see from diminishing flow of the Arkansas river by
Kansas held not entitled to enjoin Colorado
"Pleading," § 1.

See "Release."

SETTLEMENT.

SHIPPING.

See "Admiralty"; "Collision"; "Commerce," § 1; "Maritime Liens"; "Pilots."

appropriating its waters for irrigation purposes.-State of Kansas v. State of Colorado, 655.

STATUTES.

Adoption by United States courts of state laws as rules of decision, see "Courts," § 8. Laws impairing obligation of contracts, see "Constitutional Law," § 4.

Repeal of by treaty, see "Treaties."

*Point annotated. See syllabus.

Provisions relating to particular subjects. See "Aliens," § 1; "Army and Navy"; "Bankruptcy"; "Banks and Banking," § 1; "Carriers," 1; "Clerks of Courts" "Colleges and Universities"; "Corporations," § 1; "Customs Duties"; "Eminent Domain": "Insurance," 2; "Intoxicating Liquors"; "Master and Servant," §§ 1, 2; "Mines and Minerals," §1; "Patents," 82; "Perpetuities"; "Post Office," § 1; "Public Lands," §§ 1, 2; "Street Railroads," § 2; "Taxation." Foreign corporations, see "Corporations," § 2. Public improvements in cities, see "Municipal Corporations," § 2.

Removal of accused to other district for trial,
see "Criminal Law," § 5.
Venue in criminal prosecution, see "Criminal
Law," § 3.

§ 1. Enactment, requisites, and validity in general.

*The validity of so much of Laws N. C. 1905, c. 538, enacted to prevent dealing in futures, as makes indictable the carrying on of "bucket shop" business, is not affected by any repugnancy to due process of law or equal protection of the laws under Const. U. S. Amend. 14, because of a provision of the act raising a prima facie presumption of guilt from proof of certain acts when done by persons generally. Gatewood v. State of North Carolina, 167. § 2. Construction and operation. *Re-enactment in the same words of a statute already construed held to give rise to presumption that such construction is satisfactory to the Legislature.-Copper Queen Consol. Min. Co. v. Territorial Board of Equalization of Territory of Arizona, 695.

Construction given by Colorado courts to a statute of that state which was a model for Rev. St. Ariz. 1901, § 3880, defining powers of board of equalization, need not be followed by Arizona courts construing the statute.-Copper Queen Consol. Min. Co. v. Territorial Board of Equalization of Territory of Arizona, 695.

STATUTES CONSTRUED.

42

697

258

43

1867, Feb. 25. ch. 77, 14 Stat. 409... 1871, Feb. 6, ch. 38, 16 Stat. 404..... 1872, May 10, ch. 152, § 2, 17 Stat. 91.. 1875, March 3, ch. 137, § 4, 18 Stat. 471 [U. S. Comp. St. 1901, p. 511]..... 1875, March 3, ch. 137, § 5, 18 Stat. 470 [U. S. Comp. St. 1901, p. 511]....... 297 1875, March 3, ch. 152, 18 Stat. 482 [U. S. Comp. St. 1901, p. 1568].

..442, 446

1885, March 3, ch. 355, § 2, 23 Stat. 443 [U. S. Comp. St. 1901, p. 572]..

1887, Feb. 4, ch. 104, § 9, 24 Stat. 382 [U. 1887, Feb. 4, ch. 104, § 16, 24 Stat. 384 S. Comp. St. 1901, p. 3159]. [U. S. Comp. St. 1901, p. 3154]..... 1887, Feb. 4, ch. 104, § 22, 24 Stat. 387 1887, Feb. 8, ch. 119, 24 Stat. 388. [U. S. Comp. St. 1901, p. 3170].. 1887, March 3, ch. 359, § 1, 24 Stat. 505 [U. S. Comp. St. 1901, p. 752]. 1887, March 3, ch. 373, 24 Stat. 552 [U. S. Comp. St. 1901, p. 508]..

1

350

709

350 48

324

.150, 381

..150, 381

1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508]... 1889, Feb. 22, ch. 180, § 17, 25 Stat. 676. 1889, March 2, ch. 382, § 6, 25 Stat. 855

281

191

65

[U. S. Comp. St. 1901, p. 3158]....... 358 1890, May 2, ch. 182, § 10, 26 Stat. 87... 25 1890, June 10, ch. 407, 26 Stat. 140... 1890, July 2, ch. 647, § 7, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3202]. 1890, Aug. 8, ch. 728, 26 Stat. 313 [U. S. Comp. St. 1901, p. 3177] . . . . . . . . 1890, Aug. 30, ch. 841, 26 Stat. 417 [U. S. Comp. St. 1901, p. 3214]..

104, 447

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1891, March 3, ch. 517, § 5, 26 Stat. 827 [U. S. Comp. St. 1901, p. 488].. 1891, March 3, ch. 517, § 6, 26 Stat. 828 [U. S. Comp. St. 1901, p. 550]......58, 313 Stat. 255. 1892, July 22, ch. 230, 27 Amended by Act 1894, Aug. 24, ch. 328, 28 Stat. 501.. 1892, Aug. 1, ch. 352, 27 Stat. 340 [U. S. Comp. St. 1901, p. 2521]. . 600 1893, March 2, ch. 196, §§ 2, 8, 27 Stat. 531, 532 [U. S. Comp. St. 1901, pp. 3174, 31761

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[blocks in formation]

1895, March 3, ch. 1427, § 8, 33 Stat. 992, 995 [U. S. Comp. St. 1905, p. 93].. 1896, June 10, ch. 398, 29 Stat. 339, 340.. 363 1897, July 24, ch. 11, 30 Stat. 151 [U. S. Comp. St. 1901, p. 1626].... 1897, July 24, ch. 11, § 1, Schedule C, par. 193, 30 Stat. 167 [U. S. Comp. St. 1901, p. 1645]....

425

545

628

Art. 3, §§ 1, 2.

655

Art. 4, § 2..

.111, 122

Art. 4, 3....

655

STATUTES AT LARGE.

1828, May 23, ch. 70, § 6, 4 Stat. 284, 285 1860, June 22, ch. 188, §§ 3, 11, 12 Stat. 85, 87...

58

...

1897, July 24, ch. 11, § 1, Schedule I, pars. 306, 307, 313, 30 Stat. 175, 178 [U. S. Comp. St. 1901, pp. 1656-1659].. 1897, July 24, ch. 11, § 1, Schedule K, par. 360, 30 Stat. 183 [U. S. Comp. St. 1901, p. 1666)..

39

634

58

613

249

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1897, July 24, ch. 11, § 2, Free List, 30 Stat. 201 [U. S. Comp. St. 1901, p. 1688] 634 1897, July 24, ch. 11, § 33, 30 Stat. 213 [U. S. Comp. St. 1901, p. 1701]....... 191

249, 442, 446 1866, July 26, ch. 262, 14 Stat. 251...... 258 *Point annotated. See syllabus.

1897, July 24, ch. 11, § 1, Schedule N, par. 408, 30 Stat. 189 [U. S. Comp. St. 1901, p. 1673]....

628

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