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COURT OF CLAIMS (continued).

stituting and regulating that court, unauthorized and void. Clyde v. United States, 38.

2. Its jurisdiction to pass on claims against the United States growing out of the destruction, or appropriation of, or damage to property by the army or navy engaged in the suppression of the rebellion, how far taken away by the act of July 4th, 1864. United States v. Russell, 624; Pugh v. United States, 633.

3. The jurisdiction thus taken away not restored by the joint resolution of 23d December, 1869. United States v. Kimball, 636.

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4. Proper mode of proceeding in certain cases under the 2d section of the act of June 25th, 1868, allowing the court at any time while any suit or claim is pending before or on appeal from the said court, or within two years next after the final disposition of any such suit or claim, on motion on behalf of the United States, to grant a new trial in any such suit or claim." Ex parte Russell, 664.

"COURTS OF THE UNITED STATES." See Practice, 9; Utah. What properly constitutes this class of courts. Not all courts created by acts of Congress such in all meanings of the terms. Distinguished from the legislative courts of Territories. Clinton v. Englebrecht, 434. COVENANTS FOR TITLE.

1. A covenant to "warrant and defend" property for which a quit-claim deed is executed "against all claims, the United States excepted," only applies to claims from other sources than the United States, Davenport v. Lamb, 418.

2. A covenant that if the grantors "obtain the fee simple" to property conveyed "from the government of the United States they will convey the same" to the grantee, his heirs, or assigns, "by deed of general warranty" only takes effect in case the grantors acquire the title directly from the United States. Ib.

CUSTOMS OF THE UNITED STATES.

1. Goods imported from a foreign country, upon which the duties at the custom-house have been paid, are not subject to State taxation whilst remaining in the original cases, unbroken and unsold, in the hands of the importer, whether the tax be imposed upon the goods as imports, or upon the goods as part of the general property of the citizens of the State, which is subjected to an ad valorem tax. Low v. Austin, 29. 2. Under the second section of the act of March 3d, 1823, amendatory of the act regulating the entry of merchandise imported into the United States from any adjacent Territory, a civil action of debt will lie, at the suit of the United States, to recover the forfeitures or penalties incurred under this section. Stockwell v. United States, 531.

3. The section is remedial, and not strictly penal in its character. Ib. 4. It applies to illegal importers as well as to accessories after the illegal importation. Ib.

5. The penalty of this section is not repealed by the act of July 18th, 1866; the purpose of this latter act having been to punish as a crime that which before bad subjected its perpetrator to civil liability. Ib.

CUSTOMS OF THE UNITED STATES (continued).

6. "Birds" held not to be included within the words "other live animals" in one statute, on a reading of it by the light of a previous one. Reiche v. Smythe, 162.

DEBT.

When the action of, lies. Stockwell v. United States, 531.

DEMAND AND NOTICE. See Negotiable Paper.

DEPARTMENTAL ASSEMBLIES, THE

Had no power under the laws of Mexico to give the public domain away, except for the purposes of settlement or cultivation. United States v. Vigil, 449.

"DESTRUCTION OR APPROPRIATION OF OR DAMAGE TO." See Court of Claims, 2, 3.

DIRECTORY AND MANDATORY. See Tax Sales.

Requirements in statutes, when one and when the other. French v. Edwards, 506.

DISTRICT OF COLUMBIA. See Landlord and Tenant.

The act of June 21st, 1870, changing the independent character of the Criminal Court of, did not alter the original character of its previous orders. Bradley v. Fisher, 385.

DONATION ACT.

Of Oregon, passed 27th September, 1850, construed in connection with the act of May 20th, 1836, authorizing the issue of patents in the names of deceased parties. Davenport v. Lamb, 418.

"DRAKE AMENDMENT, THE." See Pardon, 4.

Or proviso to the Appropriation Act of July 12th, 1870, unconstitutional. United States v. Klein, 128.

DUNNAGE. See Insurance, 2.

Merchandise carried under bill of lading and paying freight is cargo and not dunnage, although stowed as dunnage would be stowed for the purpose of protecting the rest of the cargo from wet, and put on board by the shipper with knowledge that it would be so stowed. Insurance Company v. Thwing, 672.

ECCLESIASTICAL AND CIVIL COURTS.

How far in the United States these last regard themselves bound by decisions of the former. Watson v. Jones, 679.

EMINENT DOMAIN, RIGHT OF. See Constitutional Law, 5, 6.

" EMPLOYÉS."

Meaning of the term within the Joint Resolution of February 28th, increasing by 20 per cent. the pay of certain. Twenty per Cent. Cases, 568.

EQUITY. See California, 3-5; Land Department.

1. How far it will correct mistakes in the issuing of patents by the Land Department, by which through an improper construction of acts of

EQUITY (continued).

Congress regulating the public lands, a legal title is vested through the patent in one person, when on a proper construction of them the equitable and true title is in another. Johnson v. Towsley, 72. 2. Effect of non-assertion, for a long term of time, by an author, of any copyright as against his publishers, in a case where the language of a transfer of the right apparently indicated an intent to part with it absolutely, considered on a bill by the author's representatives against the publishers for profits. Paige v. Banks, 608.

3. Bill to deliver up an instrument which strong evidences showed had been fraudulently obtained, refused, suit at law having been brought on the instrument after the bill filed, and an opportunity being thus given to set up the fraud as a defence at law. Insurance Company v. Bailey, 616.

ESTOPPEL. See Res Judicata.

1. A grantor not having perfect title who conveys for full value is estopped, both himself and others claiming by subsequent grant from him, against denying title; a perfect title afterwards coming to him. Myers v. Croft, 291.

2. Circumstances stated under which a municipal corporation issuing bonds which it had authority to issue only on certain conditions, precedent, may be estopped against asserting that the conditions were not fulfilled. Pendleton County v. Amy, 298.

EVIDENCE. See Court and Jury, 2; Insurance; Marshal's Bond; Minnesota; Patent.

1. What constitutes Res Gesta, illustrated. Norwich Transportation Company v. Flint, 3.

2. The President's proclamation of the 25th December, 1868, granting "unconditionally and without reservation to all and every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, &c.,” is a public act, which all courts of the United States are bound to take notice of and give effect to. Armstrong v. United States, 154.

8. In a suit against an insurance company, where the defence is that certain representations were false, it is no violation of the rule which prevents the reception of verbal testimony to contradict a written contract to show that in fact the representations, though apparently those of the party assured, were made by the agent soliciting the insurance, and who received the answers to the usual interrogatories put. Insurance Company v. Wilkinson, 222,

4. Of usage, admissible to give precision to an agreement on an important point, where, by its terms, it had been left undefined. Robinson v. United States, 363.

5. A usage may be established by a single witness, if testifying fully, and without being contradicted. Ib.

6. In actions for fraud, large latitude given to the admission of, Ex. Gr.— If a motive exist prompting to a particular line of conduct, and it

EVIDENCE (continued).

be shown that in pursuing that line a defendant has deceived and defrauded one person, it may be inferred that similar conduct towards another, at about the same time and in relation to a like subject, was actuated by the same spirit. Butler v. Watkins, 457.

7. When strong evidence tends to show that a collision was owing to the failure of the lookout" of the vessel libelled, the vessel on which the lookout was must exculpate herself by conclusive evidence. The Ariadne, 475.

8. The recitals in a deed of a sheriff as to the manner in which he executed a judgment directing the sale of property are evidence against the grantee and parties claiming under him. French v. Edwards, 506.

"FINAL DECREE." See Jurisdiction, 4.

1. A decree which in the absence of a later decree, in form, might be held a "final decree," dismissed as not being so, the decree being finally entered in form at a later date. Wheeler v. Harris, 51.

2. The court approves the practice of entering decrees in form, before taking appeals to this court. Ib.

"FINAL DISPOSITION."

Meaning of the words in the act of June 25th, 1868, relative to the power of the Court of Claims to grant a new trial after appeal, &c. Ex parte Russell, 664.

FRANCHISE

Of a railroad corporation is part of its "property" as well as its real estate and stock. Wilmington Railroad v. Reid, 264.

FRAUD.

In actions for, large latitude given to the admission of evidence. Butler v. Watkins, 456.

FRAUDULENT TRANSFER.

In contravention of the Bankrupt Act. What constitutes. Toof v. tin, 40.

GEORGIA.

Mar

1. The constitution of, adopted by it A.D. 1868, is to be regarded by courts as having been voluntarily adopted. White v. Hart, 646.

2. Had no effect on a contract made previously to its adoption to pay for slaves sold. Ib.

"GERMAN JOBBER AND IMPORTER." See Insurance, GOLD COIN.

Gold coin in packages, and not used for travelling expenses, was merchandise in 1864, and was within the mischief to be remedied by the non-intercourse acts of July 18th, 1861, and May 20th, 1862. Gay's Gold, 858.

GOVERNMENT CONTRACTOR. See Contract, 2.

HABEAS CORPUS. See Conflict of Jurisdiction, 2.

HALF PILOTAGE. See Pilotage.

IMPLIED CONTRACT,

To reimburse, exists when the government takes private property for public use. United States v. Russell, 623.

IMPORTS. See Customs of the United States.

Goods imported do not lose their character as imports, and become incorporated into the mass of property of the State until they have passed from the control of the importer, or been broken up by him from their original cases. Low v. Austin, 29.

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INDEBITATUS ASSUMPSIT. See Implied Contract.
INDORSER. See Accommodation Paper; Negotiable Paper.

INSOLVENCY.

Within the meaning of the Bankrupt Act defined. Toof v. Martin, 40. INSURANCE. See Agency; Evidence, 8; Life Insurance; Subrogation, 2. 1. On a policy of insurance requiring, though in a printed part, that fire works should be specially written in it, and which added 50 cents on the $100 as premium for insuring them, held, that evidence was rightly refused to prove that they constituted "an article in the line of a German jobber and importer," the stock of which sort of dealer by a written description had been insured, with a privilege to keep fire crackers. Steinbach v. Insurance Company, 183.

2. A warranty in a ship's policy "not to load more than her registered tonnage,” will be broken by carrying more cargo in weight than such tonnage, though the excess be used as dunnage. Insurance Company v. Thwing, 672.

JUDGES

Of courts of record of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly. The duties and rights of court and bar stated. Bradley v. Fisher, 336.

JUDICIAL COMITY. See Commissioner of the General Land Office; Land Department; Res Judicata.

1. How far prevailing and how far limited in the action of the courts supervising and correcting the action of the Land Department. Johnson v. Towsley, 72.

2. The cases stated in which the civil courts will receive as conclusive the judgment of church judicatories, and distinguish from those in which they will examine into matters of a religious nature, for themselves. Watson v. Jones, 679.

3. The construction of a State law upon a question affecting the titles to real property in the State, by its highest court, is binding upon the Federal courts. Williams v. Kirtland, 306.

JURORS. See Practice, 8, 9.

JURISDICTION. See Appeal; Corporation, 1; Court of Claims, 2, 8; Final Decree, 1; Mandamus, 1; Practice, 1, 9.

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