assessed in the judgment in replevin.-Wash- | certain terms. A. paid no money, and about ington Ice Co. v. Webster, 947.
2. In an action on a replevin bond against the principal and his sureties therein, where the value of the property replevied, is recited in such bond and in the writ in the original re- plevin suit, defendants are estopped to deny that the value of the property taken was less than recited, but plaintiff is not precluded from showing that the value was greater than such amount.-Id.
3. The finding of the jury in an original re- plevin suit, in answer to a special interroga- tory by the court, of the value of the property replevied at the time and place taken, is ad- missible, and conclusive against defendants of such value in a subsequent action on the replevin bond against the principal and sure- ties therein.-Id.
4. In an action on a replevin bond for the value of ice taken in replevin, plaintiff can re- cover the value of the ice at the time it was taken, and where it was situated, for any law- ful use to which it could be put.-Id.
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1. Shipments of iron ore, as required by a contract of sale, were made from the place of delivery, until, by reason of the apprehended insolvency of the vendee, the vendor sus- pended further shipments. At that time the vendor had at the place of delivery the balance of the ore, which, by the contract, was to be subject to its order until forwarded, but did not offer to make any further shipments, and did not give notice of its readiness to do so; neither did the vendee corporation, nor its re- ceiver, who meanwhile had been appointed, call for the ore, or offer cash in payment. Held, that the vendee's insolvency did not re- lease the vendor from offering to deliver the property, and that the evidence justified the conclusion that the contract had been re- scinded.-Florence Min. Co. v. Brown, 531. Conditional sale.
2. A., who held about 800 shares of railway stock, agreed with B., who owned 1,200 shares, that the stock should be pooled, each party's interest to be joint and equal, and A. to pay in money to equalize the difference. The right was reserved to each party on death of the other to buy in the interest of his estate on
three years later B. reported that he then had 1,571 shares and A. had 812 shares. To make their interests equal, B. transferred to A. 379% shares and took from him his note for the amount, giving a receipt, which set out that the note was given for the 379% shares then held by B., "and to be delivered on payment of the note." Held, that the receipt revoked the original contract, and amounted to a sale on condition that if the note was not paid when due all interest of A. in the 379% shares should come to an end.-Davison v. Davis, 825.*
1. The captain of a salvage company, in re- sponse to telegrams, went to a sunken steamer, removed her cargo, pumped her out, and towed her safely into port. Before going to work the captain of the sunken vessel asked what it would cost to get the vessel off, to which the captain of the salvors replied, "I do not know." The captain of the vessel then said, "This is not a salvage service;" to which the other re- plied, "Call it what you please, so I get my pay;" and the captain then said, "It is no sal- vage service." They finally agreed to sub- mit the amount to be paid to arbitration, in case the salvage company and the owners of the vessel could not agree upon a sum. Held, that the salvage company was entitled to sal- vage compensation for the services rendered, as the conversation between the captains did not amount to a contract for compensation that would bar a claim for salvage, and such claim was not affected by the agreement to arbitrate.-Potomac Steam-Boat Co. v. Baker Salvage Co., 33.
2. Since the act of congress of 1875, in a sal- vage case the United States supreme court may revise the decree of the circuit court for matter of law only, and will not alter such de- cree for the reason that the amount awarded appears to be too large, unless the excess is so great that, upon any reasonable view of the facts found, the award cannot be justified by the rules of law applicable to the case. Hence a decree allowing $5,600 as compensation for safely and expeditiously removing a cargo worth $10,000 from a steamer sunk by a collis- ion, worth $150,000, and pumping out, raising, and towing such steamer several miles into port, at great risk and expense to the salving company, will not be reversed on the ground that the award is excessive.-Id.
Offenses against postal laws, see Post-Of- fice, 5.
SET-OFF AND COUNTER- CLAIM.
Claims arising from other transac-
Plaintiff had purchased coal of defendants, and had notified them of a shortage in the
weight, whereupon they had allowed him | road through the lots sold by complainant.- credit for it. Several years after, plaintiff Hoard v. Chesapeake & O. Ry. Co., 74. sued defendants for breach of a contract for Laches. the purchase of a cargo of iron. Held, that defendants could not reopen the allowance for shortage on the ground of fraud and plead it as a counter-claim in such action.-Roberts v. Benjamin, 393.
SHIPPING.
See, also, Admiralty; Salvage. Number of passengers.
1. Rev. St. U. S. § 4270, which provides that the penalties imposed by the foregoing pro- visions, regulating the carriage of passengers in merchant vessels, shall be liens upon such vessels, applies to those sections which declare a "fine" for the violation of its provisions, as well as those which declare a penalty eo nom- ine; and a fine incurred by a violation of Rev. St. U. S. § 4253, which prohibits carrying any greater number of passengers than is allowed by Rev. St. U. S. § 4252, is therefore a lien upon the vessel.-The Strathairly, 609.
2. A. and B., holding each large amounts of stock, entered into an agreement, November 10, 1873, to pool their holdings and to buy in enough stock in addition to control the road. It appeared that to equalize their holdings, some 379 shares of A.'s stock must be trans- ferred to B., the agreed value of which was $6,521.36. B. then gave A. his note for that amount, payable one year from January 29, 1877, and, A. still retaining the stock, B. took a receipt to the effect that the note was given for the purchase of the 379% shares "to be delivered upon payment of the note." The receipt was assigned September 16, 1882, to M., who, in January, 1883, offered to pay B.'s note, and demanded the stock, and, being re- fused, filed a bill for specific performance. Meantime A., who was president of the road, became indebted to it, and parted with his stock in the spring of 1878. Held, that whether the agreement be regarded as a sale upon condition, or as an agreement for a sale, the bill was barred by laches.-Davison v. Davis, 825.
STATES AND STATE OFFI- CERS.
2. Under 19 St. U. S. 250, c. 69, extending the provisions relating to the space in vessels appropriated to passengers to all spaces ap propriated to steerage passengers, in vessels propelled by steam, the United States has a lien on a steam-vessel for violation, as to steer-Action against state, see Constitutional Law, age passsengers, of Rev. St. § 4255, regulating the size, position, and arrangement of berths; but not for violation of Rev St. § 4266, pro- viding that the master of any vessel arriving from abroad shall give the district collector a a list of the passengers taken on board at any foreign port, the latter provision not being within the purview of the extending statute. -Id.
Liability for direct tax, see Taxation, 1. Powers of states, see Public Lands, 17-19. State aid, see Railroad Companies, 3. Suits by states, see Courts, 16, 17. Titles derived from states, see Public Lands, 7.
Claims against United States.
3. The lien for carrying passengers in ex- 1. The court of claims has jurisdiction of cess of the limit prescribed by Rev. St. U_S. an action by a state against the United States § 4252, cannot exceed the amount of the fine for a demand arising upon an act of congress. imposed on the master in a criminal prosecu--United States v. State of Louisiana, 17; tion for the offense.-Id.
SPECIFIC PERFORMANCE. Of marriage settlements, see Husband and Wife, 7.
Requisites of contract.
Same v. State of Alabama, 21; Same v. State of Mississippi, 21.
2. The action of a state in the court of claims to recover moneys received by the United States from sales of swamp lands granted to the state by the act of September 28, 1850, is not barred by the statute of limita- tions until six years after the amount is ascer- tained from proofs of the sales, before the commissioner of the general land-office.-Id. Revocation of appointment of agent.
1. Complainant covenanted with the C. & O. Railroad Co., and conveyed to the com- pany some land for $1,000, on condition that, in the event that the property so conveyed 3. Where an act of the legislature provides should cease to be used for railroad purposes for the appointment of an agent to collect cer- by the company, the estate should revert to tain claims of the state against the United the grantor. There was also a covenant that States, and for the delivery to him of all pa- the complainant was to have leave to connect pers necessary to the establishment of such a branch with the track at a point near his claims, and for the agent's compensation, the hotel, and that the company would erect fences power of an agent appointed thereunder is and protect said track. The C. & O. Railroad not irrevocable, no consideration having been Co. was sold out under foreclosure of mort-paid for the appointment, and is revoked by gage, and the purchasers became the C. & O. an act repealing the former act without any Railway Co., entitled to all the rights, prop- saving clause, no claims having been deliv- erty, etc., of the C. & O. Railroad Co., sub-ered to the agent.-State of Missouri v. Walk- ject to all restrictions imposed by law upon er, 929. last-named company. Held, that there was nothing to justify the interposition of a court
of equity to make the second company run its See Constitutional Law.
STATUTES CITED AND CON-1$ 709. Writ of error-Judgment,
2, 23, 31, 215, 443, 589, 746-748, 755, 1062 § 711, cl. 5. Patents for inventions-Suits, 758 S716. Writs-Issue,
720. Injunction-Proceedings-Stay,
Art. 1, par. 6, §§ 8-10. Contracts - Obli- gation, 182, 311, 454, 662, 700, 729 Art. 3, § 2. Courts-Citizenship, 1302-1304, 1372
Art. 4, § 1. Courts Judgments, Art. 11, § 4. Criminal offenses-Trial, Amend. arts. 1-11. Judicial power-Citi- zens, 19, 24, 25, 173, 175, 181-184, 186, 188, 445, 492, 662, 1302-1304, 1372 Amend. art. 14, § 1. Citizens-Privileges, 23, 24, 295, 296, 298-300, 301, 492, 693, 738, 740, 741, 773, 776, 924, 925, 929, 993, 995, 997, 1074, 1083, 1162, 1163, 1176, 1177, 1208, 1259, 1260 REVISED STATUTES.
Tit. 13, ch. 13, § 753. Habeas corpus Prisoner,
Tit. 32, ch. 6. Mines and mining-Placer claims,
Tit. 33, p. 478, § 2504. Customs duties- Cotton,
823. Fees-Taxation,
$828. Fees-Clerks,
839. Compensation-Clerks,
$905. Legislative acts-Authentication, 1375 $$ 914-916. Civil causes-Procedure,
61, 200-202, 384, 387, 389, 721, 1042, 1309
§ 953. Bill of exceptions-Authentication, 848 § 954. Defects-Form-Amendments, $$ 995-997. Depositories-Withdrawal, $999. Citation-Supreme court, 1000. Bond-Error-Appeal, § 1007, (May 12, 1887.) Writs-Supersede-
§ 1024. Indictment-Joinder, 1059. Court of claims-Jurisdiction, 503, 1003 $$ 1063, 1064. Claims against United States 1066, (17 St. 363.) Treaties-Claims, -Procedure,
1002, 1003 $1069. Claims against United States- Limitation, 85, 1049, 1052
§ 1092. Internal revenue-Payment, §§ 1262, 1263. Army and navy - Compen- sation,
666 11331274. Army and navy-Officers-Retire- ment,
959, 960 Tit. 45. Telegraph companies-Taxation, 1382 Tit. 48, ch. 6, §§ 4258-4289. Transportation -Passengers,
Tit. 52, §§ 4399-4500. Steam-vessels - In- spection, 569 Tit. 60, ch. 3, §§ 4964-4967. Copyright- Photograph, 618, 619 Tit. 65, §§ 5263-5269. Telegraph companies -Taxation, 962, 965, 1131, 1132 Tit. 66, § 5270. Extradition-Complaint, 1241 $12. Statutes-Repeal,
§§ 31, 38, 39. Congress-Representatives- elect,
§ 51. Congress-Vacancies,
236. Treasury-Public accounts, $269. Treasury-Comptrollers, $277. Treasury-Auditors,
1378. Army and navy-Appointments, §§ 1386-1388. Army and navy-Clerks, §§ 1448-1454. Army and navy - Powers- Duties,
§ 1556, (16 St. 330, § 3.) Army and navy- Pay,
80, 1023 831-833 § 1613. Marine corps-Compensation, 501 $ 2258. Public lands-Pre-emption, 140 §§ 2322, 2323. Mines and mining-Loca- 1195 tor's right, 601, 1133, 1217 § 2333. Mines and mining-Placer claim, 1028 1027, 10282347. Public lands-Pre-emption, 4532369. Public lands-Entry-Mistake, 4532370. Public lands-Entry-Mistake, 4532372. Public lands-Entry-Mistake, § 2448, (Act May 20, 1836.) Public lands- Patents, 2499, p. 491. Customs duties—Articles, 717, 736, 921, 1091-1093 $82502-2504, pp. 506, 510, 518, (2d Ed. pp. 461, 464, 465, 471, 476.) Customs duties -Articles-Rates, 158, 562, 563, 921, 1090-1093, 1099, 1228
§§ 1588, 1593, 1594. Army and navy-Pay,
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379 65, 194 2513, p. 523. Importation-Vessels, 13782652. Customs officers-Instructions, 66, 1942774. Customs duties-Report, § 699, subds. 2, 3. Writ of error-Appeal, 2802. Customs duties-Concealment, 309-311, 758, 1191, 1327, 1328 2809. Customs duties-Manifest, 560 2839. Customs duties-Forfeiture, 5032864. Customs duties-False invoice, 847, 848
703. Courts--Appeal, 707. Appeal-Court of claims,
3962. Mail contractors-Fines,
4233, rule 21. Collision-Rules,
1158 1255 1195, 1196 1095
Act 1833. Habeas corpus-Issue, Act 1834. Port-Entry-Establishment, Act March 3, 1835, (4 St. 753.) Army and navy-Compensation,
Act May 20, 1836. Públic lands-Pat- ents,
§§ 4252-4255, 4259-4264, 4266, 4270. Trans- portation-Passengers,
$84283-4289. Admiralty-Liability, $$ 4886, 4887, 4899, 4915-4917, 4919-4922. Patents for inventions-Infringement,
43, 45, 46, 103-105, 120, 126, 265, 266, 781, 802, 898, 901, 907, 1296
§ 5057. Bankruptcy-Suits, § 5151. Banks and banking-Shareholders -Liability,
§ 5198. National banks-Interest, 5219. National banks-Taxation,
772, 777, 1122 § 5234. Receivers-Appointment, 148, 719 $5242. Attachment-Transfers, 719-721 $5258. Railways-Interstate commerce, 697 85440. Conspiracy-Penalty, $5480. Post-office-Fraud,
Act July 4, 1836, ch. 357, §§ 6-8, 13-15, 17, (5 St. 119, 122-124.) Patents for inven- tions-Infringement,
43, 45, 46, 102-105, 119, 676, 685, 686, 726, 758, 898, 1232, 1327, 1328 Act 1837, §§ 7, 9. Patents for inventions- Disclaimer,
265 Act July 7, 1838, (5 St. at Large, 262,) § 2. Public lands-Patents,
Act March 3, 1839, §§ 6, 7, (5 St. 354.) Pat- ents for inventions-Prior use,
§§ 5511, 5512, 5515. Elections and voters- Fraud,
842 Act Aug. 30, 1842, ch. 270, §§ 17, 21, (5 St. 564, 565.) Customs duties-Appraisal,
102-105, 118-120, 676-680, 682-686 Act Aug. 19, 1841, § 1, (5 St. at Large, 449.) Public lands-Military lands, Act Sept. 4, 1841, (5 St. 455, ch. 16, § 10.) Public lands-Pre-emption, 132, 139-141 Act Sept. 11, 1841, ch. 25, § 2, (5 St. 465.) Trust funds-Investment, 1158 Act 1842. Habeas corpus-Restriction, 1213 Act Aug. 23, 1842, ch. 188, § 6, (5 St. 518.) Common law-Rules,
Act 1777. Ejectment-Patent, Act Sept. 24, 1789, ch. 20, §§ 3, 11, 13, 25, 32, 34, (1 St. 80, 86, 91-93.) Courts -Ju- risdiction, 19, 746, 755, 842, 854, 977, 1099, 1378 Act Sept. 29, 1789, (1 St. 93.) Courts - Procedure,
Act May 28, 1844. Citizens-Relief, Act May 31, 1844, ch. 31, (5 St. 658.) Rev- enue law-Judgment,
Act May 26, 1790, ch. 11, (1 St. 122.) Courts -Judgments,
Act March 3, 1845, ch. 48, § 7, (5 St. 743.) Public lands-Taxation, 207, 353 Act Aug. 14, 1848, §§ 4, 14, (9 St. chs. 177, 323.) Public lands-Grants, 604, 725, 731 Act March 3, 1849. Property-Compensa-
Act May 8, 1792, (1 St. 275.) Courts -Pro- cedure,
Act Feb. 17, 1793. Steam-vessels -Inter- state commerce,
Act March 2, 1793, ch. 22, § 5, (1 St. 335.) Injunction-Proceedings-Stay,
Act 1799, § 66, (1 St. ch. 22, p. 627.) Cus- toms duties-Collection,
Act March 26, 1804, § 14, (2 St. 287.) State grants-Validity,
Act March 23, 1807, (4 St. at Large, 92.) Public lands-Location,
Act Feb. 20, 1811, ch. 21, § 5, (2 St. 641.) Claims against United States-Sales, 17, 1047, 1048, 1051, 1052
Act 1850. Swamp lands-Patent, Act Sept. 27, 1850, §§ 4, 6-8, (9 St. 496.) Oregon-Settlers-Protection, 604, 605, 607 Act Sept. 28, 1850, ch. 84, §§ 1, 2, 4, (9 St. 519.) Swamp lands-Grants,
3, 18, 19, 687, 1047-1052 Act March 3, 1851, ch. 38, §§ 3, 9, 13, 15, (9 St. 630, 631, 633, ch. 41.) Public lands- Commissioners, 155, 561, 657, 658, 660, 865, 1069, 1179, 1188, 1190, 1229 Act Aug. 30, 1852. Steam-vessels-Inspec- tion,
Act Feb. 14, 1853, (10 St. ch. 69, p. 158.) Donation act-Amendment, Act March 3, 1853, §§ 2, 6. Courts-Offi- cers-Duties,
605-607 661, 1190 Act March 28, 1854. Customs duties- Withdrawal, Act June 22, 1854. Post-office-Compen- sation, 423, 424, 426-428 Act Feb. 28, 1855, ch. 127, (10 St. 616.) Navy-Efficiency, Act March 2, 1855, ch. 147, §§ 1, 2, (10 St. 634.) Swamp lands-Reclamation, 18, 20, 1047, 1048, 1051, 1052 Act March 3, 1855, (10 St. at Large, 701.) Public lands-Survey, Act March 3, 1855, §§ 1, 2, 10, 15, (10 St. 720.) Transportation-Passengers, 612-617 Act Aug. 18, 1856, § 3. Judicial sales- Real estate,
Act June 21, 1860, (12 St. 71.) Private land-Claims-Confirmation,
92 Act June 22, 1860, §§ 3, 6, 11, (12 St. 85.) Grants Title-Perfection, 189, 191-193 Act Feb. 18, 1861, ch. 37, § 16, (12 St. 130.) Patent-rights-Duration, 119, 120, 1828 Act March 2, 1861, ch. 68, § 22, (12 St. 191.) Customs duties-Classification, 1226, 1228 Act Aug. 5, 1861, §§ 13, 33, (12 St. 292, ch. 45.) Taxation-Swamp lands, 18, 20, 1052 Act June 2, 1862, (12 St. at Large, 410.) Public lands-Survey,
Act July 1, 1862, ch. 119, pp. 469, 470, §§ 4, 9, 16, 81, 82, (12 St. 432, 489, 492.) Rail- road companies-Grants,
320, 420, 1078-1080, 1178, 1179, 1181, 1182, 1189, 1190, 1229, 1230, 1234 Act July 2, 1862, (12 St. 503, ch. 130.) Pub- lic lands-Patent, 518 Act July 14, 1862, ch. 163, § 13, (12 St. 556.) Customs duties-Classification, 1226, 1228 Act July 16, 1862, ch. 183, §§ 1, 8, 9, 11, 15, (12 St. 583.) Navy-Line officers, 1023, 1024 Act July 17, 1862, (12 St. 596.) Officers- Pay, 511, 512, 514, 1255 Act March 3, 1863, ch. 92, § 5, (12 St. 766.) Court of claims-Executive department, 85, 108, 503 Act March 3, 1863, ch. 116, (12 St. 772, 808.) Public lands-Purchasers, 1234, 1239 Act March 13, 1863, §§ 2, 3, (12 St. 820.) Abandoned property-Collection, Act 1864, (13 St. 184.) Public lands-No- tice,
Act March 3, 1865, ch. 107, § 2, (13 St. 504, 529.) Public lands-Pre-emption,
140, 163, 1079, 1080, 1178, 1229 Act March 17, 1866, (14 St. 9.) Court of claims-Compensation,
Act April 17, 1866, (14 St. 33, 38.) Army and navy-Compensation,
Act June 12, 1866, § 8, (14 St. at Large, 60.) Post-office-Compensation,
Act June 15, 1866. Bridges - Construc- tion,
Act July 13, 1866, ch. 184, (14 St. 138.) Rail- road companies-Taxation, 77, 320 Act July 24, 1866, (14 St. 221.) Telegraph companies-Taxation, 739, 962, 1128, 1131, 1132, 1381-1383 Act July 25, 1866, (14 St. at Large, 244,) §§ 1-3, 10. Bridges-Construction,
698, 876-879 Act July 26, 1866, (14 St. 251.) Mines and mining-Location,
Act July 27, 1866, (14 St. at Large, 292.) Atlantic & Pacific Railroad Company- Grants,
205, 1082 Act 1867. Habeas corpus-Restriction, 1213 Act Feb. 5, 1867, ch. 28, § 2, (14 St. 386.) Courts Jurisdiction,
746, 755 Act March 2, 1867, (14 St. 544.) Grants- Petition-Time,
Act March 2, 1867, ch. 196, §§ 35, 39, (14 St. 558.) Removal of causes-Citizens,
205, 219, 220, 685 Act March 2, 1867, ch. 197, §§ 1, 2, (14 St. 561.) Customs duties - Woolen goods, 715, 716, 1226-1228 Act March 3, 1868, § 7, (15 St. 251.) Court of claims-Limitation, 84, 85, 455
Act June 25, 1868, ch. 71, §§ 1, 7, (15 St. 75, 76.) Court of claims-Executive de- partment,
Act Feb. 25, 1869, (15 St. 275.) Private land-Claims-Confirmation,
Act Feb. 2, 1870. Bridges - Construction, 421, 812, 817
Act March 3, 1870. Texas Pacific Rail- road Company-Incorporation, 1082 Act July 8, 1870, ch. 230, §§ 24, 37, 53, 55, 56, 59, 61, 111, (16 St. 201, 205-208.) Pat- ents for inventions-Prior use,
43, 45, 46, 103-105, 119, 120, 682, 684, 685, 898, 901, 907, 1327, 1328 Act July 14, 1870, § 21, (16 St. 264.) In- ternal taxes-Reduction, 715-717 Act July 14, 1870, ch. 255, § 15, (16 St. 260.) Railroad companies-Taxation, 320, 321 Act July 15, 1870, ch. 295, §§ 3, 12, (16 St. 330, 334.) Navy-Officers-Pay, 80, 1022-1024 Act Feb. 18, 1871, (16 St. at Large, 416.) Public lands-Confirmation-Title,
Act June 30, 1864, ch. 173, pp. 283, 284, SS 120-122, (13 St. 223, 284.) Internal rev- 77, 320
Act July 1, 1864, §§ 1-5, (13 St. 332, 335, 343, ch. 194; ch. 205, § 1.) Public lands-Set- tlement, 139-141, 424, 428, 661, 860 Act July 2, 1864, §§ 1-3, 6, 11, 16, 21, (13 St. 356, 358, 365, 375, 504.) Railroad com- panies-Grants, 420, 421, 452-454, 1079, 1080, 1178, 1179, 1181, 1189, 1190, 1229, 1235 Act July 4, 1864. Claims against United States-Allowance, Act Jan. 30, 1865. Western Pacific Rail- road Company-Line,
48-50, 52, 53 Act Feb. 21, 1871, ch. 62, §§ 15, 37, (16 St. 419, 423, 427.) Contracts-Board-Pub- lic works, 1203, 1316, 1317 Act March 3, 1871, ch. 122, §§ 9, 12, 17, 22, (16 St. 579.) Public lands- Railroad grants, 314, 418-420, 1082 Act Dec. 21, 1871, (17 St. 24.) Treaties- Appropriations, 1001, 1003
Act April 9, 1872. Boundaries-Settle- ment,
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