Procedure in exercise of special jurisdictions.
In admiralty, see "Admiralty."

In bankruptcy, see "Bankruptcy," § 1.
In equity, see "Equity."
Particular courts, see "Courts.'

Procedure on review.

See "Appeal and Error."

PREFERENCES.

Effect of proceedings in bankruptcy,
"Bankruptcy," § 2.

PREJUDICE.

PUBLIC LANDS.

Conspiracy to obtain, see "Conspiracy," § 1.
Constitutionality of statute relating to settling
disputes arising out of conflicting rulings of
Land Department, see "Constitutional Law,"
$ 1.
Fishing rights, see "Fish."

§ 1. Government ownership.

The use of timber from unsurveyed mining
land in Arizona in roasting ore at a mine held
authorized by Act June 3, 1878, c. 150, § 1, 20
see Stat. 88 [U. S. Comp. St. 1901, p. 1528].-Unit-
ed States v. United Verde Copper Co., 222.

§ 2. Survey and disposal of lands of
United States.

Conclusiveness on the courts of a finding of

Ground for reversal in civil actions, see "Ap- the Land Department in allowing a homestead
peal and Error," § 2.

PRESCRIPTION.

Acquisition of rights, see "Adverse Posses-
sion," 1.

PRESIDENT.

entry as to sufficiency of settlement, residence,
and improvements held not affected by a later
decision in a second contest between the same
parties that alienation of the land was a bar to
supplemental proofs.-Hill v. McCord, 96.

Right to confirmation of commutation entry
under the homestead laws, under Act June 3,
1896, c. 312, 29 Stat. 197 [U. S. Comp. St. 1901,
p. 1409], invalid because prematurely made, in
ignorance of the amendment of Rev. St. U. S. §

Confirmation of sentence of court-martial, see 2301, by Act March 3, 1891, c. 561, 26 Stat.
"Army and Navy."

PRINCIPAL AND SURETY.

See "Indemnity."

PROCESS.

1098 [U. S. Comp. St. 1901, p. 14061, held not
defeated by entryman's subsequent efforts to
protect his grantees by taking reconveyance to
make proofs.-Hill v. McCord, 96.

A purchaser of land certified by the Secretary
of the Interior to Minnesota in aid of railway
construction and conveyed to a railway com-
pany held purchaser in good faith, under Act
March 3, 1887, c. 376, § 4, 24 Stat. 556 [U. S.

Effect of proceedings in state court before re- Comp. St. 1901, p. 1595], though certification
moval, see "Removal of Causes," § 4.

was erroneous.-United States v. Chicago, M.
& St. P. Ry. Co., 113.

Certification to state of Minnesota by the Sec

retary of the Interior, for the benefit of a rail-
way, of land within the indemnity limits of Rail-
way Land Grant Act July 4, 1866, c. 168 (14
Stat. 87), held not absolutely void because of
previous application to enter land as a home-
stead.-United States v. Chicago, M. & St. P.
Ry. Co., 113.

A court of equity will not undertake to de-
termine, in advance of the final action of the
Land Department, respective rights of grantees
land claimed to be within the indemnity limits
from Northern Pacific Railway Company of
of the land grant of July 2, 1864, and settlers
and purchasers from the United States or their
grantees.-Humbird v. Avery, 123.

Sales or contracts by Northern Pacific Rail-
way Company after its acceptance of Act July
1, 1898, c. 546 (30 Stat. 597, 620), cannot de-
feat provisions of the act enacted to settle dis-
putes arising out of conflicting rulings in the
Land Department as to eastern terminus of the
railroad, as affecting the Northern Pacific land
grant.-Humbird v. Avery, 123.

The right of pre-emption given by Act April
22, 1826, c. 28 (4 Stat. 154), did not extend
to lands appropriated by the United States for
a military post until it was abandoned.-Scott
v. Carew, 193.

A residence for voting purposes in another
precinct from that in which a homestead entry
lies precludes the entryman from claiming resi-
dence on the land as a homestead.-Small v.
Rakestraw, 285.

PUNISHMENT.

Finding by Secretary of the Interior that
residence of homestead entryman for voting
purposes was in another precinct from that For offenses by naval officers, see "Army and
in which the land lies held not erroneous as
a matter of law.-Small v. Rakestraw, 285.

A state corporation is a citizen of the United
States, within Act March 3, 1887, c. 376, § 5,
24 Stat. 557 [U. S. Comp. St. 1901, p. 1595],
conferring on citizens the right to purchase
land excepted from railroad grant.-Ramsey
v. Tacoma Land Co., 286.

Delay cannot successfully be urged to prevent
bona fide purchasers from railway company of
land excepted from its grant from purchasing
same from government, under Act March 3,
1887, c. 376, § 5, 24 Stat. 557 [U. S. Comp. St.
1901, p. 1595], where application was made
within 10 months after land had been stricken
from the company's list.-Ramsey v. Tacoma
Land Co., 286.

Selection of lot in projected town site in
Oklahoma held not to vest unconditional title,
so as to prevail against the rights of the city
to the occupation of the lot as a public street
under subsequent survey, made under Act May
14, 1890, c. 207, 26 Stat. 109 [U. S. Comp. St.
1901, p. 1463].-Oklahoma City v. McMaster,

324.

Until identification by government survey of
land within limits of a grant of odd-numbered
sections on the line of the Northern Pacific
Railroad by Act July 2, 1864, c. 217, 13 Stat.
367, the United States has such property in tim-
ber as to enable it to recover value of timber re-
moved by railroad company or its grantees.-
United States v. Montana Lumber & Mfg. Co.,
367.

Concurrent findings of two lower courts that
patentee of lands was not guilty of fraud in
acquiring title will not be disturbed by the Su-
preme Court, where the suit was begun 40
years after the alleged fraud and the evidence
was conflicting.-United States v. Stinson, 426.

Navy."

QUESTIONS FOR JURY.

Payment on mortgage to heir, see "Executors
and Administrators," § 1.

RAILROADS.

As employers, see "Master and Servant."
As subject of regulation of commerce, see
"Commerce," § 2.
Carriage of goods and passengers, see "Car-
riers."
Compensation for property taken for public
use, see "Eminent Domain," § 2.
Consolidation, see "Corporations," § 2.
Constitutionality of tax, see "Constitutional
Law," § 6.

Duty to adopt automatic couplers, see "Master
and Servant," § 1.

Effect of decree adjudging combination illegal,
Effect of illegality of contract, see "Contracts,"
see "Judgment," § 2.
§ 1.

Grants of land in aid, see "Public Lands," § 2.
Property subject to prescription, see "Adverse
Possession," § 1.
Regulation of, see "Commerce," § 3.
Right of terminal company to enforce contribu-
tion, see "Contribution"; "Indemnity."
Use of right of way by telegraph company, see
"Telegraphs and Telephones," § 1.

§ 1. Receivers.

Making of special agreement to forward a
through shipment by steamer of a connecting
the authority of receivers appointed in fore-
carrier sailing on a designated day held within
closure to carry on the railroad's business.-
Northern Pac. Ry. Co. v. American Trading
Co., 84.

General Eastern agent of a receiver of a rail-
road company, ordered to continue its business,
held to have authority to make a special agree-
ment to forward a through shipment by steam-
er of connecting carrier sailing on a designated
day. Northern Pac. Ry. Co. v. American Trad-
ing Co., 81.

A homestead entry in Oklahoma territory,
valid on its face, by one in fact personally dis-
qualified, prevents the initiation of homestead
rights by another while it is uncanceled and not
relinquished.-McMichael v. Murphy, 460.
A patentee of part of a fractional section,
whose patent, through carelessness of the
Land Department, refers to the original survey, Claim for ties necessary to preservation of
though a resurvey had been made, cannot re railroad, furnished within six months of ap-
cover from a subsequent patentee under the pointment of receiver, held not entitled to pref-
second survey all the land lying east of a cer-erence over a mortgage lien recorded before the
tain meander line as shown on the earlier sur- contract for ties was made.-Gregg v. Metro-
vey.-Gleason v. White, 782.
politan Trust Co., 415.

Taking property for public use, see "Eminent § 1. Actions.
Domain."

PUBLIC WATER SUPPLY.

See "Waters and Water Courses," § 1.

Receiver of a corporation cannot be empow-
ered to sue in a foreign jurisdiction to realize
its assets, where he was appointed in a suit to
enforce liens and subject property to claims of
creditors. Great Western Min. & Mfg. Co. v.
Harris, 770.

RECORDS.

Transcript on appeal or writ of error, see "Ap-
peal and Error," § 1; "Criminal Law," § 7.

REFORMATION OF INSTRUMENTS.
Jurisdiction of court of claims, see "Courts,"
§ 10.

RELEASE.

See "Accord and Satisfaction"; "Compromise
and Settlement."

cata of the question, when raised in the federal
Circuit Court to which it had been removed.-
Remington v. Central Pac. R. Co., 577.

REQUESTS.

For instructions in civil actions, see “Trial,”

For instructions in criminal prosecutions, see
§ 1.
"Criminal Law," § 6.

RESERVATIONS.

Effect of adjudication as to validity of releases, of public lands, see "Public Lands,” § 2.
see "Judgment," § 2.

§ 1. Construction and operation.

RESIDENCE.

General words in a release are to be lim- On land as homestead, see "Public Lands." § 2.
ited to the particular words in the recital.-
Texas & P. Ry. Co. v. Dashiell, 737.

Release for damages received by a railroad
employé in a collision construed.-Texas &
P. Ry. Co. v. Dashiell, 737.

REMEDY AT LAW.

See "Injunction," § 1.

REMOVAL.

Of accused to other district for trial, see "Crim-
inal Law," § 4.

REMOVAL OF CAUSES.

§ 1. Power to remove and right of re-
moval in general.

RES JUDICATA.

See "Judgment," §§ 1, 2.

RESTRAINT OF TRADE.

See "Contracts," § 1.

Trusts and other combinations, see "Monopo-
lies," § 2.

RETROSPECTIVE LAWS.

Constitutional restrictions, see "Constitutional
Law," § 5.

REVENUE.

See "Customs Duties"; "Internal Revenue";
"Taxation."

REVIEW.

A petition for the removal of a cause from
a state court to a federal court held not too
late.-Remington v. Central Pac. R. Co., 577.
Defendant held not estopped to insist on right
to remove cause to a federal court. Reming- See "Appeal and Error"; "Criminal Law," § 7.
ton v. Central Pac. R. Co., 577.

§ 2. Citizenship or alienage of parties.
A proceeding for the taking of land by emi-
nent domain, authorized by St. Ky. §§ 835-839,
is, where the requisite diversity of citizenship
exists, a suit involving a controversy between
citizens of different states, and removable to
the federal Circuit Court.-Madisonville Trac-
tion Co. v. St. Bernard Min. Co., 251.

3. Proceedings to procure and effect
of removal.

The time for removing to a federal circuit
court for diversity of citizenship a proceeding
for the taking of land by eminent domain in a
Kentucky county, under St. Ky. §§ 835-839,
held not postponed until the case has been taken
by appeal to a state circuit court, where it can
be tried de novo.-Madisonville Traction Co. v.
St. Bernard Min. Co., 251.

Petition held not insufficient to justify the
removal of a cause from a state court to a fed-

eral Circuit Court.-Remington v. Central Pac.
R. Co., 577.

Presentation of petition for removal to a
judge of the state court at chambers and filing
petition in state court held to satisfy statutory
requirements.-Remington v. Central Pac. R.

Denial by inferior state court of a motion to
vacate service of summons held not res judi- Conspiracy to obtain, see "Conspiracy," § 1.

SEAMEN.

Enactment of prohibition against peonage
in Rev. St. U. S. §§ 1990, 5526 [U. S. Comp.
St. 1901, pp. 1266, 3715], held authorized by
Const. U. S. Amend. 13.-Clyatt v. United
U.S.
States, 429.

Only a federal marshal can arrest, on requisi-
tion of French consul, a seaman on a French
vessel, conformably to article 8 of the treaty
with France of August 12, 1853 (10 Stat. 996),
this being the mode of arrest specified by Act
Cong. June 11, 1864, c. 116, 13 Stat. 121, and
re-enacted in Rev. St. U. S. §§ 4079-4081 [U. See "Intoxicating Liquors."
S. Comp. St. 1901, p. 2766].-Dallemagne v.
Moisan, 422.

The imprisonment of an insubordinate sea-
man on a French vessel under article 8 of the

SPIRITUOUS LIQUORS.

STALE DEMAND.

STARE DECISIS.

treaty with France of August 12, 1853 (10 See "Equity," § 1.
Stat. 996), need not end with departure of the
vessel, but may last until expiration of two
months prescribed by Act Cong. June 11, 1864,
c. 116, 13 Stat. 121, and Rev. St. U. S. §§
4079-4081 [U. S. Comn. St. 1901, p. 2766]. See "Courts," § 1.
Dallemagne v. Moisan, 422.

SECRETARY OF COMMERCE AND

LABOR.

Exclusion of Chinese, see "Aliens," § 1.

SENTENCE.

By court-martial, see "Army and Navy."

SET-OFF AND COUNTERCLAIM.
Against bankrupt, see "Bankruptcy," § 2.

SETTLEMENT.

See "Accord and Satisfaction"; "Compromise
and Settlement"; "Release."

SHIPPING.

See "Admiralty"; "Commerce," § 3; "Pilots":
"Seamen."

Customs, see "Customs and Usages."

STATES.

See "United States."

Interstate extradition, see "Extradition," § 1.
Legislative power, see "Constitutional Law,"
2.

Public lands, see "Public Lands," § 3.

§ 1. Political status and relations.
Avulsion by the Missouri river, the middle of
whose channel forms the boundary between
Missouri and Nebraska, works no change in
such boundary.-State of Missouri v. State of
Nebraska, 155; State of Nebraska v. State of
Missouri, Id.

The middle of the channel of the Missouri riv-
er, according to its course as it was prior to
the avulsion of July 5, 1867, decreed to be the
true boundary line between Missouri and Ne-
braska.-State of Missouri v. State of Nebras-
ka, 580.

§ 2. Fiscal management, public debt,
and securities.

Issue of revenue bond scrip, under act S. C.
March 2, 1872, to relieve the state of liability
on guaranty of railroad bond, under Act Sept.
15, 1868, when there was no outstanding lia-
bility, is within prohibition of Const. April 16,

Liability of shipowners for failure to detain or 1868, art. 9, § 10, where neither statute pur-
deport aliens, see "Aliens," § 2.

§ 1. Carriage of goods.

Damage to cargo from sinking of ship after
arrival in port, due to imprudent unloading,
held not to result from errors in navigation,
within the meaning of Harter Act Feb. 13, 1893,
c. 105, § 3, 27 Stat. 445 [U. S. Comp. St. 1901,
p. 2946].-Oceanic Steam Nav. Co. v. Aitken,
317.

SIGNATURES.

Attestation of will, see "Wills," § 2.

SLAVES.

Evidence of prior condition of peonage, to
which persons so held were returned, held es-
sential to support conviction under indictment
charging the return of the persons to peonage.
-Clyatt v. United States, 429.

The holding of another in a state of peonage,
though sanctioned by municipal or state law,
is within the prohibition against peonage con-
tained in Rev. St. U. S. §§ 1990, 5526 [U. S.
Comp. St. 1901, pp. 1266, 3715], enacted under
provision of Const. U. S. Amend. 13.-Clyatt
v. United States, 429.

ported to be an adjustment of a claim against
the state, under Const. art. 14, § 4.-Lee v
Robinson, 180.

STATUTES.

Adoption by United States courts of state laws
as rules of decision, see "Courts," § 6.
Constitutionality in general, see "Constitutional
Law," § 1.

Laws impairing obligation of contracts, see
"Constitutional Law," § 4.

Validity of retrospective or ex post facto laws,
see "Constitutional Law," § 5.

Provisions relating to particular subjects.
See "Aliens"; "Army and Navy"; "Bank-
ruptcy"; "Commerce"; "Customs Duties";
"Intoxicating Liquors"; "Master and Serv
Admiralty jurisdiction, see "Admiralty," § 1.
ant," § 1; "Pilots."
Anti-trust law, see "Monopolies," § 1.
Revenue laws, see "Internal Revenue."

§ 1. Construction and operation.
The rule that penal statutes are to be strict-
ly construed does not permit such a construc-
tion as defeats obvious intent of Legislature.—
Johnson v. Southern Pac. Co., 158.

Amend. 14...3, 18, 289, 342, 358, 466, 539, 721 1897, March 3, ch. 374, 26 Stat. 622..