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.
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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.
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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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