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charterer, is assumed by the owner, is not in-
valid as against public policy.-McCormick v.
Shipy (D. C.) 226.

2. Carriage of goods.

In the absence of fraud or mistake, parol
evidence is not admissible to change the con-
tract made by bills of lading showing the pre-
payment of freight, which binds the carrier
to repay such freight if not earned.-De Sola
v. Pomares (D. C.) 373; Amsinck v. Same,
Id.

The settled rule of commercial law, that
freight prepaid is to be refunded if not earned,
cannot be overcome by proof of a custom that
it shall not be so refunded if the vessel is
lost.-De Sola v. Pomares (D. C.) 373; Am-
sinck v. Same, Id.

Stipulations in bills of lading that the car-
rier shall not be liable for any damage to
goods which is capable of being covered by
insurance will not relieve the vessel from lia-
bility for loss due to the carrier's negligence.
-The Seaboard (D. C.) 375.

Loss of cargo resulting from the overloading
of a lighter, due to the negligence of officers
of the ship, is within section 1 of the Harter
act [U. S. Comp. St. 1901, p. 2946], and not
within section 3, and cannot be relieved against
by a stipulation in the bills of lading.-The Sea-
board (D. C.) 375.

The fact that a steamer was being operated
under a charter, even if known to shippers,
does not relieve her from a lien arising from
default in her obligation to the cargo.-The
Seaboard (D. C.) 375.

A purchaser of a vessel cannot invoke the
defense of laches to defeat a suit by an in-
surer to enforce a lien for the negligent loss
of cargo occurring before the purchase, where
the suit was commenced within a year after
the loss, and it does not appear that he bought
without knowledge of the lien.-The Seaboard
(D. C.) 375.

SMUGGLING.

See "Customs Duties," § 5.

SPECIFIC PERFORMANCE.

Right to enforce specific performance of con-
tract after securing judgment for damages for
breach, see "Election of Remedies."

STARE DECISIS.

See "Courts," § 1.

STATES.

Jurisdiction of suits against, see "Courts," § 4.
Public lands, see "Public Lands," § 3.
§ 1. Political status and relations.
The sudden change in the channel of the
Mississippi river, between the states of Ten-
nessee and Arkansas, by a permanent cut-off
made by the river during a flood, did not change
the boundary between the states, which remain-
ed in the middle of the abandoned channel.—
Stockley v. Cissna (C. C. A.) 812.

An officer of the United States army, acting
in the discharge of his duty, in obedience to
orders of the secretary of war, who in turn is
executing an act of congress, is not subject to
arrest on a warrant or order of a state court.-
In re Turner (D. C.) 231.

STATUTES.

Adoption by United States courts of state
laws as rules of decision, see "Courts," § 7.
Provisions relating to particular subjects.

See "Bankruptcy"; "Copyrights"; "Customs
Duties"; "Damages," § 1; "Discovery," §
2; "Elections," § 1; "Fraud." § 2; "Limi-
tation of Actions"; "Mechanics' Liens";
"Mines and Minerals," § 1; "Mortgages,"

§ 1; "Post Office"; "War."
Revenue laws, see "Internal Revenue."
Revolt by seamen, see "Seamen."
§ 1. Construction and operation.

The title is no part of an act, and cannot
enlarge or confer powers, or control the words
of the act, unless doubtful or ambiguous.—
United States v. McCrory (C. C. A.) 861.

Where a statute imposing a tax is suscepti-
ble of two constructions, and the legislative in-
tent is in doubt, the doubt should, as a rule,
be resolved in favor of the taxpayer.-McNally
v. Field (C. C.) 445.

STATUTES CONSTRUED.

UNITED STATES.

CONSTITUTION.

§ 1. Nature and grounds of remedy in Amend. art. 14......................

general.

Specific performance rests in judicial discre-
tion, and will be granted or refused as will
best subserve the ends of justice, in view of
the facts of the particular case.- -Washington
Irr. Co. v. Krutz (C. C. A.) 279.
§ 2. Contracts enforceable.

A contract which is champertous under the
rules of the common law, even if not voidable
under the statute of the state, is so far con-
trary to public policy that a court of equity
will not decree its specific performance.-Cas-
serleigh v. Wood (C. C. A.) 308.

STATUTES AT LARGE.

1867, March 2, ch. 176, 14 Stat. 517.
1872, June 7, ch. 322, § 51, par. 7, 17 Stat.

273 [U. S. Comp. St. 1901, pp. 3113,
3115]

1874, June 22, ch. 391, § 22. 18 Stat. 190
[U. S. Comp. St. 1901, p. 1986]..
1877, March 3, ch. 114, 19 Stat. 393 [U.
S. Comp. St. 1901, p. 2137]..
1878, June 3, ch. 150, 20 Stat. 88 [U. S.
Comp. St. 1901, p. 1528].

881

510

620

152

411

70, 566

1883, March 3, ch. 121, § 1. Schedule H,
pars. 310, 311, 22 Stat. 504, 505.......

383

1884, April 18, ch. 26, 23 Stat. 11 [U. S.
Comp. St. 1901, p. 3679]..
1884, May 17, ch. 53. § 8, 23 Stat. 24.
1885, March 3, ch. 319, 23 Stat. 340.
1887, March 3, ch. 359, 24 Stat. 505 [U.
S. Comp. St. 1901, p. 752]. Amended by
Act 1898, June 27, ch. 503, 30 Stat. 494
[U. S. Comp. St. 1901, p. 753].
1887-88, Aug. 13, ch. 866, §§ 1, 2, 25 Stat.
433 [U. S. Comp. St. 1901, p. 508]...
1888, May 24, ch. 308, 25 Stat. 157 [U. S.
Comp. St. 1901, p. 2637]..

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1897. July 24, ch. 11, § 2, Free List, par.
656, 30 Stat. 201 [U. S. Comp. St. 1901,
p. 1687]

487

861

210

862

1888, Aug. 13, ch. 866, § 2. 25 Stat. 433
[U. S. Comp. St. 1901, p. 509].
1888, Oct. 8, ch. 1194, 25 Stat. 560 [U. S.
Comp. St. 1901, p. 2141]...
1890, June 10, ch. 407, § 19, 26 Stat. 139
[U. S. Comp. St. 1901, p. 1924].....481, 495
1890, June 10, ch. 407, § 20, 26 Stat. 140
[U. S. Comp. St. 1901, p. 1950]..
1890, July 2, ch. 647, 26 Stat. 209 [U. S.
Comp. St. 1901, p. 3200].

982

411

1897, July 24, ch. 11, § 6, 30 Stat. 205 [U.
S. Comp. St. 1901, p. 1693].
1897, July 24, ch. 11, § 7, 30 Stat. 205 [U.
S. Comp. St. 1901, p. 1693]..
1898, June 13, ch. 448, 30 Stat. 448 [U. S.
Comp. St. 1901, p. 2284]. Amended by
Act 1901, March 2, ch. 806, 31 Stat. 945
[U. S. Comp. St. 1901, p. 2304].
1898, June 13, ch. 448, § 8, 30 Stat. 452
[U. S. Comp. St. 1901, p. 2293]..
1898, June 27, ch. 503, 30 Stat. 494 [U. S.
Comp. St. 1901, p. 753]..

483

479

445

482

861

480

1898, July 1, ch. 541, §§ 1, 2, 30 Stat. 544,
545 [U. S. Comp. St. 1901, pp. 3419,
3421]

246

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1898, July 1, ch. 541, § 3, 30 Stat. 546, 547
[U. S. Comp. St. 1901, p. 3422]. .989, 991
1898, July 1, ch. 541, § 7, 30 Stat. 548 [U.
S. Comp. St. 1901, p. 3424].
1898, July 1, ch. 541, § 8, 30 Stat. 549 [U.
S. Comp. St. 1901, p. 3425].
1898, July 1, ch. 541, § 9, 30 Stat. 549 [U.
S. Comp. St. 1901. p. 3425].

406

976

406

451

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375

1891, Aug. 13, ch. 282, 28 Stat. 279 [U. S.
Comp. St. 1901, p. 2315].

236

1894, Aug. 15, ch. 290, 28 Stat. 305.

114

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1894, Aug. 27, ch. 349, 28 Stat. 509.

384

1894, Aug. 27, ch. 349, § 1, Schedule
par. 248, 28 Stat. 526.

H,

1901, March 2, ch. 806. 31 Stat. 945 ¡U. S.
Comp. St. 1901, p. 2304].

.445, 994

495

1894, Aug. 27, ch. 349, § 1, Schedule N,
par. 338, 28 Stat. 534.

REVISED STATUTES.

476

1894, Aug. 27, ch. 349, § 1, Schedule N,
par. 351, 28 Stat. 535..

477

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1897, July 24, ch. 11, 30 Stat. 151 [U. S.
Comp. St. 1901, p. 1626].

384

1897, July 24, ch. 11. § 1, Schedule A, par.
20, 30 Stat. 152 [U. S. Comp. St. 1901,
p. 1628]

§ 643 [U. S. Comp. St. 1901, p. 521]...545, 562
§ 649 (U. S. Comp. St. 1901, p. 525)...545, 562
724 [U. S. Comp. St. 1901, p. 583]..

474

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1897, July 24, ch. 11. § 1,, Schedule A, par.
58. 30 Stat. 154 [U. S. Comp. St. 1901,
p. 1630]

470

479

470

1897, July 24, ch. 11. § 1, Schedule A, pars.
66, 67, 30 Stat. 154 [U. S. Comp. St.
1901, pp. 1630, 1631].

1897, July 24, ch. 11, § 1, Schedule B, pars.
87, 97. 30 Stat. 155. 156 [U. S. Comp.
St. 1901, pp. 1632, 1633]..
1897, July 24, ch. 11, § 1, Schedule C. par.
121. 30 Stat. 159 [U. S. Comp. St. p.
1636]

1897, July 24, ch. 11. § 1. Schedule G, par.
254, 30 Stat. 171 [U. S. Comp. St. 1901,
p. 16501

1897, July 24, ch. 11, § 1, Schedule G, par.
285, 30 Stat. 173 [U. S. Comp. St. 1901,
p. 1653]

1897, July 24, ch. 11, § 2, Free List, par.
635, 30 Stat. 200 [U. S. Comp. St. 1901,
p. 1686]

4733257 [U. S. Comp. St. 1901, p. 2137].
§ 3464 [U. S. Comp. St. 1901, p. 2284].
§ 4596 [U. S. Comp. St. 1901, pp. 3113,
3115]

8 4952 [U. S. Comp. St. 1901, p. 3406].
§ 4953 (U. S. Comp. St. 1901, p. 3407].
$4956 [U. S. Comp. St. 1901, pp. 3407].

47884956 [U. S. Comp. St. 1901, p. 3407].
Amended by Act 1891, March 3, ch. 565,
§ 3. 26 Stat. 1107..

4834957 [U. S. Comp. St. 1901, p. 3409].
$4964 [U. S. Comp. St. 1901, p. 3413).
§ 4968 [U. S. Comp. St. 1901, p. 3416].
5219 [U. S. Comp. St. 1901, p. 3502j.

584

§ 916 [U. S. Comp. St. 1901, p. 684]..438, 764
§§ 995, 996 [U. S. Comp. St. 1901, p. 711]..1002
§§ 1000, 1012 [U. S. Comp. St. 1901, pp.
712, 716]
$2324 [U. S. Comp. St. 1901, p. 1426].
§§ 2325, 2326 [U. S. Comp. St. 1901, pp.
1429, 1430]

148
48

164

411

334

620

§§ 4615, 4624, 4625, 4635 [U. S. Comp. St.
1901, pp. 3127, 3180, 3134]...

386

993

217

218

451

218

217

451

57

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580
580

652

270

813

....... 814
652

1893, March 17, p. 18, ch. 12...........

VERMONT.

STATUTES.

§§ 1101, 1103, 1751..

STIPULATIONS.

TAXATION.

See "Counties," § 1; "Customs Duties"; "In-
ternal Revenue."
Contribution between co-tenants for payment
of taxes, see "Tenancy in Common," § 1.

1. Liability of persons and property. Pol. Code Cal. § 3609, providing for the taxation of national bank shares, construed and held valid.-Nevada Nat. Bank v. Dodge (C. C. A.) 57.

A statute providing for the taxation of national bank shares is not invalid because it provides a different system of taxation for such shares from that applied to local banking corporations.-Nevada Nat. Bank v. Dodge (C. C. A.) 57.

§ 2. Levy and assessment.

A notice required by statute to be given to a national bank of the assessment of the shares of its respective stockholders is sufficient notice to the stockholders, in connection with the general laws providing for the assessment and fixing the time and place where complaints can 438 be heard and considered.-Nevada Nat. Bank v. Dodge (C. C. A.) 57.

A stipulation by the defendant in an action at law to waive a jury and go to trial before the court is not a waiver of his right to insist that plaintiff has no right of action at law.Goodyear Shoe Machinery Co. v. Dancel (C. C. A.) 692.

STOCK.

Corporate stock, see "Corporations," § 1.
Of building and loan association, see "Build-
ing and Loan Associations."

STOCKHOLDERS.

See "Banks and Banking," § 1.

Of corporations, see "Corporations," § 2.

SUBROGATION.

A mortgagee, who paid off a prior mortgage,

TENANCY IN COMMON.

1. Mutual_rights, duties, and liabili

ties of co-tenants.

The grantor of an undivided portion of land to a trustee, with covenants of quiet enjoyment and of warranty, held entitled to contribution for expense incurred in defending a suit involving title to the whole.-McClintock v. Fontaine (C. C.) 448.

One who, as trustee owning an individual half of a certain land, pays taxes on the whole, is entitled as a tenant in common to contribution from the other owners, and is therefore entitled to a lien on the land for the amount advanced.-McClintock v. Fontaine (C. C.) 448.

TERMS.

Of leases, see "Landlord and Tenant," § 2.

TIMBER.

held not entitled to be subrogated to the lien On public lands, see "Public Lands,” § 1.

of such mortgage, as against an innocent purchaser of an intervening mortgage in reliance on the record, which showed it to be a first lien.-Coonrod v. Kelly (C. C. A.) 841.

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TOWAGE.

TRESPASS TO TRY TITLE.

Collisions with tugs and vessels in tow, see See "Ejectment." "Collision," § 5.

A tug held liable for the loss of a scow in tow, which went adrift in the night, where she gave so little attention to the scow that the loss was not discovered for four hours.-The

O. L. Hallenbeck (D. C.) 468; Olsen v. Cahill,

Id.

See "Counties."

TOWNS.

TRADE-MARKS AND TRADE-NAMES.

§ 1. Marks and names subjects of ownership.

The word "Carroms" held to constitute a valid trade-mark as applied to a game board.Ludington Novelty Co. v. Leonard (C. C.) 937; Same v. Fischer, Id.

§ 2. Infringement and unfair competition.

A bill held not to state facts making a case for relief on the ground of unfair competition. -Globe-Wernicke Co. v. Fred Macey Co. (C. C. A.) 696.

The labels and packages of complainant and defendant compared, and held so dissimilar in appearance, regarded as a whole, that defendant could not be charged with unfair competition, in the absence of evidence that purchasers were actually deceived.-Postum Cereal Co. v. American Health Food Co. (C. C. A.) 848.

The trade-mark "Grape Nuts," adopted as the name of a cereal food preparation, is not infringed by the name "Grain Hearts," used to designate a similar product.-Postum Cereal Co. v. American Health Food Co. (C. C. A.) 848.

The publisher of a periodical, under the name of "Comfort" held not entitled to an injunction against the use of the name "Home Comfort," as the title of another publication which was dissimilar in size, appearance, and the character of its contents, and was not in fact a competitor, in the absence of proof of actual injury to complainant.-Gannett v. Ruppert (C. C.) 221.

The publisher of a periodical will be protected in the exclusive use of its name to which he has acquired a prior right, when its use by another is with intent to deceive, or is calculated to deceive and result in injury to complainant.Gannett v. Ruppert (C. C.) 221.

TRESPASS.

On public lands, see "Public Lands," § 1. § 1. Acts constituting trespass and liability therefor.

The test which determined whether one was a willful or an innocent trespasser is the honest belief and actual intent at the time he committed the trespass.-United States v. Gentry C. C. A.) 70.

TRIAL.

See "New Trial"; "Reference"; "Witnesses." Proceedings incident to trials.

Entry of judgment after trial of issues, see

"Judgment," § 1.

Trial of particular civil actions or proceedings. See "Negligence," § 2.

For damages for taking or injuring property for public use, see "Eminent Domain," § 2. For personal injuries, see "Master and Servant," § 1.

8 1. Arguments and conduct of counsel. Defendant held not entitled to a new trial for misconduct of the assistant district attorney in argument.-United States v. Alexander (C. C.) 1015.

§ 2. Instructions to jury.

In the federal courts, a trial judge is not required to specifically and directly answer every point which may be submitted by counsel. If the instructions given, as a whole, fully, corther can be required.-Salem Iron Co. v. Comrectly, and clearly present the law, nothing furmonwealth Iron Co. (C. C. A.) 593.

The practice of presenting instructions to the court after the charge to the jury has been given cannot be sanctioned, and assignments of error based on the refusal to give such instructions will not be considered_by the appellate court.-City of Chicago v. Le Moyne (C.

C. A.) 662.

§ 3. Trial by court.

A special finding made by a circuit court, where a jury is waived by stipulation, pursuant to Rev. St. § 649 [U. Š. Comp. St. 1901, p. 525], should state the ultimate facts, on which the law must determine the rights of the parties, and should not contain a statement of the evidence. - American Nat. Bank v. Watkins (C. C. A.) 545.

A special finding that plaintiff was not a bona fide purchaser of a note for value, but took the same subject to any defense affecting the consideration, is one of fact, and not reviewable on appeal as a conclusion of law.American Nat. Bank v. Watkins (C. C. A.) 545.

A special finding of facts by a circuit court in an action at law, where a jury is waived, must state the ultimate facts, on which the law must determine the rights of the parties. -Powers v. United States (C. C. A.) 562.

TRUSTS.

Corabinations to monopolize trade, see "Monopolies," § 1.

Trust deeds, see "Chattel Mortgages"; "Mortgages."

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