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INDEX.
[The references are to pages. The asterisk (*) indicates that the case has been reversed.]
26FED.CAS.
26FED.CAS.—86
26FED.CAS.—87
| Page | |
| ABATEMENT AND REVIVAL. | |
| The rule that actions arising ex delicto die with the person is not affected by the act giving special bail in suits by the United States for penalties | 815 |
| ADMIRALTY. | |
| See, also, “Courts”; “Shipping.” | |
| Jurisdiction—In general. | |
| The federal admiralty courts may proceed, under their general powers, in every case in which they are not restricted by statute | 982 |
| The federal admiralty courts may proceed, under their general powers, in every case in which they are not restricted by statute | 982 |
| After a vessel has been seized and libeled for forfeiture, the court does not lose jurisdiction to condemn by losing possession of her | 979 |
| —Waters and places. | |
| The federal admiralty courts have jurisdiction under the act of 1835 of an indictment for an endeavor to make a revolt on a ship lying 60 yards from the wharf in New York City, ready for sea, and in the East river, where the tide ebbs and flows | 1033 |
| A seizure on waters of New York Bay below low-water mark on the Jersey shore is within the jurisdiction of the district court for the Southern district of New York | 670 |
| —Rights and controversies. | |
| A vessel may be proceeded against in rem, in the admiralty, to enforce the lien for importing goods not included in her manifest. (Act July 18, 1866, § 8.) | 1273 |
| Partnership accounts cannot be settled in a court of admiralty | 547 |
| In a case of forfeiture, admiralty cannot entertain a claim for alleged balances due by a part owner or a co-partner | 547 |
| ALIENS. | |
| An alien cannot be a petit juror in the District of Columbia, because he cannot be a freeholder | 638 |
| The certificate or evidence of citizenship, the sale of which is made criminal by the act of March 3, 1813, is a certified copy of the act by which one was naturalized, and which authorizes his employment on an American vessel | 1143 |
| AMNESTY. | |
| The proclamation of December 8, 1863, extending amnesty to all who directly or indirectly participated in the Rebellion, included a citizen of Ohio under indictment for treason | 420 |
| A citizen who has complied with such proclamation is not excluded from is protection by a subsequent explanatory proclamation debarring persons in civil custody from its operation | 420 |
| ANIMALS | |
| Public cruelty to a horse is an indictable offense | 990 |
| It is an indictable offense at common law to incite a fierce and dangerous dog to bite and tear a cow | 1086 |
| APPEAL. | |
| See, also, “Courts.” | |
| An appeal to the supreme court will not lie from a judgment of a district judge releasing, under Act March 2, 1833, on habeas corpus, a prisoner confined by a state court for an act done in pursuance of process of a federal court | 177 |
| Appeals from the district to the circuit court are limited to cases of admiralty and maritime jurisdiction. Other cases are removed by writ of error | 240 |
| An appeal from the district to the circuit court must be prayed for and allowed to the next circuit court held within the district | 240 |
| After a writ of error has been served and returned to the supreme court, the record cannot be amended in the court below, though the writ has been dismissed in the court above | 369 |
| A statement signed by the judge as to the facts and rulings is not a bill of exceptions, unless it appears that the party actually excepted and persisted therein | 593 |
| Where an appeal in a prize case was taken from an order overruling a motion for further proofs, and also from the decree on the merits, held, that the appellate court would not grant a separate hearing on the motion, but would consider the entire appeal at the same time | 938 |
| ARMY AND NAVY. | |
| Act Feb. 24, 1864, fixes a definite period of imprisonment for fraudulently procuring the exemption of a drafted person, leaving the court no discretion | 1049 |
| The period of imprisonment fixed is the same as that for which the person was drafted to serve, which, under Act March 3, 1863, § 11, may be three years, or less than three if the Rebellion end sooner | 1049 |
| An officer detailed from his regiment, and commissioned, as captain of volunteers, to command a company of Indians in the Florida war, held entitled to the regular pay of his rank, in addition to his special pay as such captain | 909 |
| Paymasters of the army held entitled to receive the pay and emoluments of majors of infantry, and not majors of cavalry | 60 |
| Rate of pay of a paymaster in the marine corps between 1821 and 1830 considered | 815 |
| The government is bound to indemnify a navy agent removed before the end of his term for office rent and clerk hire for which he, in good faith, became liable before removal | 587 1354 |
| Money received by a naval officer for a special purpose, accompanied by instructions from the secretary of the navy, is not covered by the specified allowances mentioned in Act March 3, 1835, § 2 | 648 |
| The district court will not issue a warrant of arrest for parties charged with murder on the high seas, on board a naval vessel, while the matter is under investigation by a court of inquiry instituted by the secretary of the navy | 1118 |
| ARREST. | |
| The verified complaint in an action to recover a penalty and damages for making a false claim against the United States (Rev. St. §§ 3490-3493) is a sufficient affidavit for the arrest of defendant | 42 |
| Defendant may be arrested and held to bail without an undertaking by plaintiff, as provided in Civ. Code Or. § 107 | 42 |
| ASSAULT AND BATTERY. | |
| Cocking and raising a gun, and threatening to shoot, of themselves are an assault | 782 |
| A simple assault and battery on a slave is not indictable. Such an assault, even with intent to murder, is not an offense at common law | 986 |
| Malice is not an ingredient of the offense of an assault with a dangerous weapon, under the federal statute | 1021 |
| It is a misdemeanor at common law to persuade, instigate, and incite another to commit an assault and battery | 1024 |
| To make those liable who are only present aiding and abetting, it is not necessary that they be indicted jointly or with a simul cum | 436 |
| An indictment under the penitentiary act for assault and battery with intent to kill need not aver malice aforethought, or any other evil intent than the intent to kill | 987 |
| In an indictment for an assault with a dangerous, weapon, an allegation of criminal intent is implied in the word “assault.” | 1021, 1050 |
| In an indictment for assault and battery with intent to kill, it is not necessary to state the manner and extent of the assault and battery, nor the particular weapon used, nor to charge the assault to be felonious or malicious, or with malice prepense, nor to show that, if death had ensued, it would have been murder | 284 |
| In an indictment for assault and battery with intent to kill, it is not necessary to state the manner and extent of the assault and battery, nor the particular weapon used, nor to charge the assault to be felonious or malicious, or with malice prepense, nor to show that, if death had ensued, it would have been murder | 638 |
| On an indictment for assault and battery on H. with intent to kill him, a verdict, “Guilty of an assault by shooting H. with intent to kill,” is substantially a general verdict of guilty | 987 |
| After verdict, defendant will be permitted to give security to abide the judgment | 36 |
| Assignment. | |
| See “Fraudulent Conveyances.” | |
| ASSIGNMENT FOR BENEFIT OF CREDITORS. | |
| An assignment of all the property mentioned in a schedule referred to, which merely enumerates specific property, affords no presumption of a general assignment | 862 |
| One of the trusts of an assignment was to pay “$8,400 in customhouse bonds, on which M. is surety.” M. was surety on bonds for a less amount, but the assignor in fact owed such bonds amounting to $8,257. Held, that only the bonds on which M. was surety were included | 862 |
| ASSUMPSIT. | |
| Where proceeds of an execution in a sheriff's hands were claimed by the plaintiff in the execution and by the United States, and were paid to the former, on his agreeing to pay them to the latter if “the said court” decided they were entitled thereto, held, that assumpsit would lie in a federal court in behalf of the United States | 1231 |
| ATTACHMENT. | |
| The Massachusetts trustee process lies in favor of the United States against assignees to whom property has been assigned to pay debts due on customhouse bonds, although the assignment passed the entire property to the assignees in trust | 862 |
| Under the trustee process of Massachusetts, the trustee is entitled to be discharged, on swearing that he has no goods, etc., of the debtor unless other parts of his disclosure show the contrary | 862 |
| Money deposited in court under a stipulation to abide the issue in attachment cannot be withdrawn, and a bond substituted therefor | 460 |
| BAIL. | |
| Prisoners, even when charged with piracy, will be admitted to bail if suffering under a disease which may be ultimately dangerous from continued confinement | 638 |
| To require larger bail than the prisoner can give is, in effect, to refuse bail | 887 |
| The magistrate's discretion in taking bail in a criminal case is to be guided by a consideration of the ability of the prisoner to give bail, and the atrocity of the offense | 887 |
| On testimony given in court on the return of habeas corpus, bail will be allowed if it is clear that a conviction of murder should not take place | 1172 |
| Security by a recognizance may be taken for fine and costs in Washington county, D. C | 321 |
| A United States commissioner, as respects the taking of bail, has the same power as the state magistrate, and no greater | 375 |
| Where a United States commissioner adjourns the examination of a prisoner for a longer time than that allowed by the local law, a recognizance taken for his appearance is invalid, and the prisoner and his sureties are not estopped from setting up the want of jurisdiction | 375 |
| On arresting one for misdemeanor, the marshal is not required to take the bail bond himself, but may take the prisoner to a justice, to give bail | 1242 |
| Where an indictment has been found, the court will not examine the evidence, for the purpose of taking bail | 658 |
| Upon a recognizance for the appearance of defendant in a case of misdemeanor, he is bound to appear on the first day of the term | 336 |
| Where the recognizance of one indicted for smuggling was forfeited, but afterwards defendant appeared and was tried, and the jury were discharged as unable to agree, held, that the forfeiture would not be remitted, the court deeming the defendant guilty and the punishment deserved | 1234 |
| BANKRUPTCY. | |
| The rule that the joint estate must be applied to the joint debts and the separate estate to the separate debts is only applicable where both estates are before the court for distribution | 920 1355 |
| Debts due the United States are not barred by a certificate of discharge | 788 |
| An indictment under the bankruptcy act of March 2, 1867 (section 44), for secreting property to prevent it from coming to the assignee, held insufficient in its averments | 872 |
| BANKS AND BANKING. | |
| General authority from the directors to draw bills and sign notes is sufficient if the bills and notes relate to the business of the bank, but not if they relate to the private business of the officer | 621 |
| BASTARDY. | |
| A justice of the peace has no authority to take a recognizance (Act Va. Dec. 26, 1792, § 23) except upon application by an overseer of the poor | 102 |
| BIGAMY. | |
| The statute of bigamy (1 Jac. I. c. 11) is in force in the county of Washington, D. C. (Act Feb. 27, 1801; 2 Stat. 103.) | 606 |
| An indictment for bigamy in the District of Columbia must be tried in the county where the second marriage was celebrated | 612 |
| On a trial for bigamy in Alexandria, the prisoner is entitled to a peremptory challenge 852 | 852 |
| The bond given by defendant to obtain a marriage license is not admissible as evidence for the prosecution | 852 |
| That the person who performed the marriage ceremony was a clergyman with authority to celebrate such rites, according to the Virginia laws, may be proved by parol, and the record of the testimonial required by statute need not be produced | 852 |
| On a conviction of bigamy, the court may dispense with burning in the hand | 606 |
| BONDS. | |
| See, also, “Army and Navy”; “Bail”; “Counties”; “Customs Duties”; “Internal Revenue”; “Office and Officer”; “Post Office”; “Principal and Surety”; “Sheriffs and Constables”; “Shipping.” | |
| A statutory bond with penalties and conditions substantially different from those prescribed by the statute is so far void | 394, 426 |
| In the absence of statute, a bond voluntarily given the United States to secure a debt or the performance of official duty is valid | 394, 426 |
| A bond given by W. and G., composing a firm, and C. and M. as sureties, for payment by the firm of taxes as manufacturers of tobacco, is the bond of the signers individually, and not of the firm | 884 |
| In a bond conditioned that the parties will perform the decree of the court, “the court” means the court which shall ultimately decide the cause | 982 |
| If the condition of a bond do not specify the purposes for which it is given, but refers to a paper which does specify them, this is equivalent to an enumeration of those purposes in the bond itself | 1211 |
| An action in a federal court in New York may be maintained on a joint and several bond to the United States, against those of the obligors who are living, and against the administrators or executors of those who are dead | 884 |
| In an action of debt against the principal and sureties on a bond, where defendants join in a plea of non est factum, such plea must be sustained as to all, or fail as to all | 88 |
| BREACH OF THE PEACE. | |
| Driving a carriage so rapidly through city streets as to endanger the safety of the inhabitants is an indictable offense at common law, and amounts to a breach of the peace | 193 |
| BRIDGES. | |
| Congress has authority to regulate or prohibit the construction of bridges across the Mississippi, and can also delegate that authority to the head of a governmental department | 1262 |
| Under Acts April 1 and June 4, 1872, the secretary of war is authorized to determine whether the construction of a bridge over the Mississippi at a given point would seriously affect navigation, and to prohibit the building of the bridge there | 1262 |
| By Act April 1, 1872, § 4, the secretary of war was authorized to pass upon the location of a bridge across the Mississippi river in the vicinity of La Crosse, Wis.; and this court will not review his decision, but will assist in enforcing it | 1265 |
| The United States may prevent the construction of bridges across the Mississippi river otherwise than as prescribed by congress, and the federal courts have jurisdiction for that purpose | 1262 |
| BURGLARY. | |
| A storehouse not within the curtilage, but in which the owner's clerk usually sleeps, is the mansion house, so that burglary may be committed therein | 625 |
| CANALS. | |
| The Louisville and Portland Canal Company, incorporated by Kentucky in 1825, all the stock of which is owned by the United States, is still in existence, with the right to use and control the canal and its revenues for the purposes contemplated by the Kentucky statute and the joint resolution of congress of May 24, 1860 | 1002 |
| Act June 10, 1872, in relation to such canal, construed, so as not to impair the rights of the bondholders | 1002 |
| The president and directors of the said canal company enjoined, at the suit of the United States from interfering with the engineer, officers, and contractors prosecuting repairs and improvements thereon | 1002 |
| CITIZEN. | |
| See, also, “Civil Rights.” | |
| Inhabitants of the territory of Orleans became citizens of Louisiana and of the United States by the admission Of Louisiana to statehood | 875 |
| CIVIL RIGHTS. | |
| It is a violation of the civil rights bill of 1866 to inflict upon a negro the punishment of banishment from the state | 375 |
| Act May 31, 1870, was designed not to punish abuse of authority by state officers, but to forbid the execution of state laws, which the act makes void | 563 1356 |
| In Act May 31, 1870, § 6, to enforce the rights of citizens irrespective of race, color, or previous condition of servitude, the words “any right or privilege granted or secured to” include the rights of peaceably assembling and of free speech | 1147 |
| CLAIMS. | |
| An agent charged with enforcing claims due the United States may exercise reasonable discretion in the management and compromise of suits | 411 |
| The executive may compromise doubtful claims by taking a conveyance of lands, in satisfaction, and may afterwards sell and convey them | 411 |
| Omission of the secretary of the treasury to retain the amount of debts due the United States from a person entitled to an award under the Spanish treaty does not prevent the United States from suing the claimant's assignee, who has received the money | 437 |
| The rules prescribed by the treasury department for the adjustment of claims against the government will, if reasonable, be respected; otherwise if they go to a complete denial of justice | 1151 |
| To constitute the offense of knowingly presenting a false paper in support of a claim, with intent to defraud the United States (Act March 3, 1823, § 1), it is not necessary that the claim be in favor of the accused | 813 |
| The repealing clause of Act March 2, 1863, saves prosecution under Act March 3, 1823, for offenses previously committed | 813 |
| Elements stated of the offenses of conspiring to defraud the government by obtaining allowance of false claims and by false affidavits. (Act March 2, 1863, §§ 1-3.) | 618 |
| The offense under Rev. St. § 5438, is not sufficiently charged in the words of the statute; but the facts constituting it must be alleged with such particularity as to apprise the accused with reasonable certainty of the nature of the accusation against him | 32 |
| In Rev. St. § 3490, prescribing penalties for the presentation of fraudulent claims against the government, the word “person” does not include corporations | 680 |
| CLERK OF COURT. | |
| The clerk of a court has no authority to certify the substance, purport, or effect of a judgment of record in his office | 1143 |
| COLLISION. | |
| A steamer coming down the East river at night is in fault for approaching, at 10 miles an hour, a group of three vessels crossing the river both ways in front of her | 1267 |
| Vessel held not in fault for failure to observe a weak signal given by an approaching steamer, which was not seen because of the interposition of another steamer | 1267 |
| CONSPIRACY. | |
| The offense. | |
| Conspiracy, as known at common law, not being defined by any act of congress, is not cognizable as such in the federal courts | 1175 |
| To constitute a conspiracy under Rev. St. § 5440, there must have been an agreement between the parties, a unity of design and purpose, and an overt act committed by one for the purpose of effecting the object of the conspiracy | 90, 442 |
| Each member of a conspiracy is responsible for every act of every other member, done by common consent in furtherance of the illegal purposes, and also for such acts, though not consented to beforehand, if assented to afterwards; and this whether defendant was present or not | 1283 |
| It makes no difference in guilt if the motive of one joining a conspiracy was not illegal at the time of joining, if he was afterwards aware of its illegality, and still remained a member | 1283 |
| Under the act of March 2, 1867, it is an offense for an officer of a national bank to conspire with another, not an officer, to abstract or embezzle the funds thereof; and an indictment charging the two with a conspiracy to commit such offense is good | 1175 |
| Indictment. | |
| If an indictment under Rev. St. § 5440, charges conspiracy by two or more persons, but is an indictment of one only, it is good on demurrer | 1255 |
| Acts charged to have been done to effect the object of the conspiracy must be proved as laid, but time and quantity need not be proved 90, 442 | 1255 |
| A variance between the indictment and the evidence as to the time when the alleged overt act was committed is immaterial | 1 |
| Evidence. | |
| In determining whether there is sufficient evidence of conspiracy to warrant the admission, against defendant, of the acts and declarations of alleged conspirators, the uncorroborated testimony of self-confessed accomplices and members of the conspiracy cannot be rejected | 1105 |
| When a conspiracy is proved, all acts and declarations in furtherance thereof, by any of the conspirators, to advance the common cause, are evidence against all, though not done or made in the presence of each other | 90, 1107 |
| When a conspiracy is proved, all acts and declarations in furtherance thereof, by any of the conspirators, to advance the common cause, are evidence against all, though not done or made in the presence of each other | 90, 1107 |
| The acts and declarations of a conspirator made after the determination of the conspiracy are only admissible against himself | 90 |
| Mere declarations by actual conspirators that some one else is a member of the conspiracy are not admissible to establish that fact | 1107 |
| A letter speaking of smuggling operations, written by a guilty person after discovery of his guilt, held admissible, where there was evidence to show the connection of the addressee and a person mentioned therein and the writer in the conspiracy | 1 |
| Where a conspiracy to defraud the revenues has been proved, and there is evidence connecting the defendant therewith, and one conspirator has testified that he gave moneys realized by the conspiracy to a co-conspirator weekly, it is competent to show, by such witness, what directions he gave as to paying the money to defendant | 1105 |
| The subsequent declarations of such coconspirator as to what he did with such moneys were admissible as part of the res gestæ, but not to connect defendant with the conspiracy, and should be disregarded by the jury unless such connection be proved by evidence aliunde | 1105 |
| The evidence 10 establish a conspiracy is generally circumstantial, and is sufficient if it proves the existence of an agreement to do the unlawful act, although its terms and the time and place where it was entered into are not shown | 90, 442 |
| Verdict. | |
| Where two only are charged with a conspiracy, and one is acquitted, the other must be acquitted also | 90 1357 |
| If the jury find that a conspiracy existed, and that accused was a party to it, it is sufficient if the object of the conspiracy was to effect one of the purposes alleged | 1283 |
| CONSTITUTIONAL LAW. | |
| The senate has constitutional power to originate an act increasing the postage on certain mail matter. (Act March 3, 1875.) Such a bill is not a bill “for raising revenue,” such as the house only can originate | 577 |
| Under the constitution and laws of the United States, the jury in a criminal case are not the judges of the law. They are to take the law from the court, and apply it to the facts which they find from the evidence | 1323 |
| An ex post facto law is one which in its operation makes that criminal or penal which was not so at the time when the act was performed, or which increases the punishment, or which, in relation to the offense or its consequences, alters the situation of the party to his disadvantage | 84 |
| The “Enforcement Act” of May 31, 1870, held constitutional | 79 |
| The term “jeopardy,” in the amendment of the constitution, defined by Washington, C. J. | 207 |
| In a capital case the jury may be discharged without the content of the prisoner where one of the jurors is insane; and the prisoner may be again brought to trial | 207 |
| It is not a good plea in bar to an indictment for a misdemeanor that the case was once committed to a jury, and withdrawn before verdict by the court | 1323 |
| On conviction of a capital offense, the court may grant a new trial on the application of the prisoner, as he may waive the constitutional provision that he shall not be put twice in jeopardy | 131, 686, 1132 |
| Quære, whether after entry of a nolle prosequi without the prisoner's consent, and after the jury is sworn, he can be held to answer again for the same offense | 1221 |
| A statute requiring a county court to levy a special tax to pay interest and principal of negotiable bonds issued thereunder becomes a part of the obligation of the contract between the county and the bondholders, which cannot be impaired by subsequent state legislation | 597 |
| Act Mo. March 8, 1879, restricting levies of taxes for payment of county indebtedness to the method therein prescribed, impairs the obligation of contracts if considered applicable to judgments against counties on railroad aid bonds issued prior to the act | 632, 670 |
| By the fourteenth amendment, citizenship in the United States is defined and is made independent of citizenship in a state, an the privileges and immunities secured by the constitution are such as belong of right to citizens of all free states, and those which in the constitution are secured to the people, either as against the action of the federal or of the state governments | 79 |
| Under the fourteenth amendment, congress has the power to protect, by appropriate legislation, the right of freedom of speech and the other rights enumerated in the first eight articles of amendment | 79 |
| CONTEMPT. | |
| Contempt is a crime against the United States, within the meaning of section 33 of the judiciary act (1 Stat. 91) 564 | 564 |
| On the affirmance of a judgment awarding a peremptory mandamus, the court will not attach defendant for contempt in disobeying the former writ, which was superseded by the writ of error, but will issue an alias peremptory writ | 755 |
| Any willful contempt which the federal courts may deal with summarily may be regularly prosecuted by indictment | 564 |
| COUNTERFEITING. | |
| See, also, “Forgery.” | |
| One accused of passing or uttering counterfeit paper must be present when the act is done, privy to it, or aiding, consenting, or procuring it to be done. If done by consent, all are equally guilty | 1276 |
| Passing a paper is putting it off in payment or exchange. Uttering it is a declaration that it is good, with an intention to pass it, or an offer to pass it | 1276 |
| Passing a counterfeit note in the name of a fictitious person, an assumed name, or on a bank which never existed, is within the law. It is not necessary that the note, if genuine, would be obligatory on the parties whose names are counterfeited | 1276 |
| Passing or attempting to pass counterfeit money by an agent employed for that purpose by defendant is the same as if defendant had done it himself | 1382 |
| In determining whether defendant is guilty of passing counterfeit coin, the question is not whether the coin was such as would deceive a person of ordinary skill and caution, but whether it was capable of and designed to be used for deceiving the uncautious and unskillful | 164 |
| Quære, whether an intent to defraud is a necessary ingredient of the offense of keeping in possession counterfeit money, with intent to sell the same | 1151 |
| If an indictment purport to set forth an exact copy of a counterfeit bill, the description, though needlessly particular, must conform to the instrument given in evidence; but mere literal variances are not fatal | 1192 |
| An incorrect description in respect to the bill number of a bill which defendant is indicted for uttering is a fatal variance | 1192 |
| On an indictment for having in possession, with intent to utter, counterfeit treasury notes, accused may show that he received them accidentally, or in ordinary course of business | 760 |
| On an indictment for counterfeiting silver coin, etc., under 4 Stat. 121, an intention to pass such coin fraudulently as genuine must be proved | 787 |
| Possession of spurious coins, with tools and instruments for the manufacture thereof, warrants a prima facie presumption of guilt | 787 |
| Possession of other counterfeit paper by the defendant or a confederate, at the time of passing counterfeit notes, is evidence of the scienter | 1276 |
| Upon trial for uttering as true a counterfeited bank note, it is not necessary that the note given in evidence should exactly correspond with that set out in the indictment | 82 |
| If there be a concert between two or more to pass counterfeit notes, or any joint or concurrent action in passing them, the act of one is evidence against the other | 324 |
| Good character may be shown as evidence that counterfeit notes found in defendant's possession were innocently received | 760 |
| Failure of accused when arrested to make any explanation of how he got the counterfeit money, or to assert his innocence, is a circumstance which the jury may consider against him | 760 |
| On a trial for passing counterfeit money, the jury should be satisfied that the resemblance | 760 1358 |
| of the forged to the genuine piece is such as might deceive one using ordinary caution | 1352 |
| COUNTIES. | |
| Payments of judgments on ordinary county warrants by Arkansas counties can only be enforced in the manner provided by the constitution and laws of the state | 1258 |
| A relator whose judgment is based on county warrants, issued after the adoption of the present constitution of Arkansas, is not entitled to the levy of a tax in excess of the constitutional limit; otherwise as to judgments on warrants issued before such adoption | 1258 |
| A general warrant on the funds of the county for the payment of a judgment refused where a relator had compelled the levy of a special tax, which was in process of collection | 30 |
| County bonds sold on the faith of a decision of the state supreme court declaring them valid are not invalidated, in the hands of innocent purchasers, by the subsequent action of the court overruling such decision | 911 |
| Judgment creditors of Missouri counties are entitled to the levy of a special tax to pay railroad aid bonds, if other means of payment are not provided | 670 |
| Duties of county justices and the tax collector in relation to the collection of taxes levied in obedience to a mandamus of a federal court | 831 |
| COURTS. | |
| See, also, “Admiralty”; “Appeal”; “Clerk of Court”; “Habeas Corpus”; “Judges”; “Removal of Causes.” | |
| Comparative authority of federal and state courts: Process. | |
| The federal courts are supreme when acting within their sphere, and in case of conflict the state courts must give way | 911 |
| State courts have no right to interfere with the process of the federal courts to enforce their judgments on county bonds | 911 |
| Service of federal process cannot be interrupted by the arrest of the officer, or persons aiding him in serving it, or in any other manner, by means of state process or warrants | 1318 |
| Federal courts—Jurisdiction, in general. | |
| The federal courts will not review a decision of the head of a department on a matter referred to him by congress for determination | 1265 |
| The federal courts have jurisdiction of a suit by the United States to restrain the placing of obstructions in their navigable waters | 1265 |
| A proceeding by the United States to condemn land for public use is a suit of a civil nature at common law, in the meaning of the judiciary acts | 482 |
| —Grounds of jurisdiction. | |
| The restriction contained in section 11 (Act 1789, c. 20) does not apply to suits brought by the United States | 33 |
| —Circuit courts. | |
| The circuit court has jurisdiction of offenses under the embargo act of January 9, 1809 | 1153 |
| —District courts. | |
| The district court has exclusive jurisdiction, under Judiciary Act 1789, § 9, of a libel for forfeiture against a vessel for carrying away timber reserved for naval purposes which has been cut from public lands, in violation of Act March 2, 1831 | 255 |
| The boundary line of the Southern district of New York is coterminous with that of the state at the creation of the district, unaffected by the subsequent agreement between New York and New Jersey as to their boundary line | 670 |
| The county of Suffolk, Mass., extends to all waters between the circumjacent islands, down to the Great Brewster and Point Allerton | 48 |
| Local courts. | |
| The circuit court of the District of Columbia has jurisdiction in all cases arising under the constitution, laws, and treaties of the United States if either party reside or be found in the District | 702 |
| It has all the federal jurisdiction of a United States circuit court, and all the jurisdiction of a state court | 702 |
| The circuit court of the District of Columbia has no jurisdiction of an indictment against a domestic servant of a foreign minister | 832 |
| The circuit court of the District of Columbia has no jurisdiction of larceny by a slave 555, | 998 |
| Terms. | |
| A trial is in progress, in the meaning of Rev. St. § 746, so as to authorize proceeding therein after the day fixed for the end of the term, when several jurors have been called, and three accepted and sworn, on the last day of the term | 998 |
| CRIMINAL LAW. | |
| See, also, “Amnesty”; “Arrest”; “Assault and Battery”; “Bail”; “Breach of the Peace”; “Burglary”; “Civil Rights”; “Claims”; “Conspiracy”; “Constitutional Law”; “Contempt”; “Counterfeiting”; “Customs Duties”; “Disorderly Houses”; “Embezzlement”; “Extortion”; “Extradition”; “False Pretenses”; “Forgery”; “Gaming”; “Grand Jury”; “Homicide”; “Indictment and Information”; “Insanity”; “Intoxicating Liquors”; “Jury”; “Kidnapping”: “Larceny”; “Neutrality Laws”; “New Trial”; “Nuisance”; “Obstructing Justice”; “Pardon”; “Perjury”; “Piracy”; “Post Office”; “Public Lands”; “Receiving Stolen Goods”: “Riot”; “Seamen”; “Slavery”; “Treason”; “Witness.” | |
| In general. | |
| The federal courts, on questions of criminal practice not regulated by act of congress, are governed by the common law | 99 |
| Admitted rights may be waived in criminal cases by laches where it clearly appears that the omission to claim their exercise was voluntary, and with a full knowledge of all the circumstances | 204 |
| Criminal liability. | |
| Where a statute makes criminal an act not malum in se or infamous, without requiring the act to be knowingly done, a criminal intent need not be proved | 897 |
| If a person injure another while using a dangerous weapon in a reckless manner, having reasonable cause to believe that he may injure some one, he is as guilty of a criminal intent as if he had a special intent to injure the person hurt | 1050 |
| If many go to do an unlawful act, and one only does it, all are principals. If they go to do a lawful act, and all but one commit a felony, in his presence, but without his participation, he is not guilty | 653 |
| Fear, to excuse a person guilty of an alleged crime, must be fear of death, such as a man of ordinary courage and fortitude might yield to | 207 |
| A minor who ships on a vessel without the knowledge of his parents may be convicted of the offense of burning a vessel on the high seas | 983 1359 |
| The accused must be presumed to be sane till his insanity is proved | 1093 |
| It is not every kind or degree of insanity which exempts from punishment. If the accused understood the nature of his act if he knew it was wrong, and deserved punishment, he is responsible | 1093 |
| Partial insanity is no defense to crime where the accused understood the nature and character of the act and its consequences, and that it was wrong, and would deserve punishment | 349 |
| If a person suffering from delirium tremens is so far insane as not to know the nature of his act etc., he is not punishable | 1093 |
| If a person, while sane and responsible, makes himself intoxicated, and then commits murder by reason of insanity resulting from intoxication, he is responsible | 1093 |
| There is no presumption that insanity arose from any particular cause; and if the government assert that the prisoner is guilty, though insane, because his insanity was drunken madness, this allegation must be proved | 1093 |
| Principal and accessory. | |
| On the unlawful loan of public moneys by a public officer to persons having knowledge of the fact, both lender and borrower are equally guilty | 196 |
| There are no accessories in misdemeanors | 196 |
| If a principal in a transaction be not liable, another cannot be charged merely for aiding and abetting him, unless the other perform acts which render himself liable as a principal | 928 |
| After the principal's plea of nolo contendere, the other defendants will be held to be principals, and not accessories | 196 |
| Jurisdiction. | |
| The federal courts have no common-law jurisdiction in criminal cases, and cannot punish an offense at common law unless punishable by statute | 148, 854 |
| The federal courts have no jurisdiction of offenses at common law, though the general government be the party immediately aggrieved | 452 |
| The fact that the punishment for a common-law crime has been changed by statute does not affect the jurisdiction to punish it at common law | 96 |
| A larceny committed at West Point, N. Y., is punishable in the federal courts, under the crimes act of 1790 | 792 |
| Territorial courts are “courts of the United States,” as that designation is applied in section 33 of the judiciary act | 213 |
| The federal circuit court had no jurisdiction to punish offenses committed in the Indian Territory west of Arkansas anterior to Tune 17, 1844 | 554 |
| An offense against the state committed in the District of Columbia before the first Monday of December, 1800, may be prosecuted before the circuit court of the District of Columbia, as an offense against the United States | 253 |
| No order of the president in relation to the prosecution of an extradited prisoner can legally restrict or enlarge the jurisdiction of the courts | 879 |
| Under a cession of jurisdiction in places purchased by the United States “for forts or fortifications,” the federal courts have no jurisdiction to punish a crime committed upon land purchased and used for the purposes of an arsenal only | 371 |
| The federal courts have no authority to try persons for crimes committed in foreign territory, although on the seas where the tide ebbs and flows | 558 |
| The federal courts have no jurisdiction of crimes committed on an American vessel within the jurisdiction of a foreign sovereign; nor have they jurisdiction where one stealing goods in a foreign port brings them on the high seas in an American vessel | 1310 |
| Larceny committed on board an American ship in an inclosed dock in a foreign port is not punishable under Act April 30, 1790, c. 9, § 16 | 93 |
| State courts have exclusive jurisdiction of offenses committed on arms of the sea, creeks, havens, basins, and bays within the ebb and flow of the tide within the body of a county | 48 |
| Where such arm of the sea, creek, haven, etc., is so narrow that a person standing on one shore can reasonably discern and distinctly see by the naked eye what is doing on the opposite shore, the waters are within the body of a county | 48 |
| The words “high Seas,” in Act 1825, c. 276, § 22, mean the uninclosed waters of the ocean on the sea coast, outside of the fauces terræ | 48 |
| The United States courts have no jurisdiction over robbery or piracy committed by an alien on board a foreign vessel on the high seas, whether within or without a marine league of our coasts | 766 |
| To give the federal courts jurisdiction over a murder, as having been committed on the high seas, the death, as well as the mortal stroke, must have happened on the high seas | 1088 |
| Preliminary hearing: Arrest, commitment, custody, and discharge of accused. | |
| The authority of a commissioner to arrest, hold to bail, or commit to jail, is limited to complaints or charges importing an offense against the laws of the United States | 102 |
| After an indictment found in one district, the offender may be arrested in any other district, and committed and removed or bailed, as the case may be, for trial in the district where the indictment was found. (Rev. St § 1014.) | 213 |
| A duly-authenticated copy of the indictment is sufficient if uncontradicted, to justify committing the offender, and a warrant for his removal if bail is not given | 213 |
| A warrant may be issued for the arrest and transportation of a fugitive from justice directly to the district where the offense is triable, without his being first committed in the district where arrested | 177 |
| The mere production of a bench warrant from the federal circuit court for one state by an officer thereof to a federal district court in another is sufficient to authorize the issue of such process | 177 |
| For an offense against the United States committed in an organized territory, the offender may be arrested in any district of the United States, and removed to the territory for trial, if the territorial courts have cognizance of the offense | 213 |
| A person guilty of acts of treason in a Southern state, arrested in a Northern state before actual hostilities of the Civil War commenced, will not be committed or required to give bail to answer the charge of treason in the place where it was committed, where it appears that the federal courts were not open | 36 |
| No warrant for the removal of the accused to another district for trial can be issued until he has been arrested and imprisoned. If he offer satisfactory bail under section 33 of the judiciary act, he has a right to be discharged on bail | 564 1360 |
| An examining magistrate will not require clear and indubitable proof of guilt before holding the accused to answer the charge | 1013 |
| Control of prosecution. | |
| The court will not take notice of presentments by the grand jury on which the prosecuting attorney does not think proper to institute proceedings | 315 |
| When a statute makes an offense punishable by fine or imprisonment, or both, the district attorney cannot waive the imprisonment, and sue in debt for the fine | 1316 |
| It rests alone with the district attorney to determine whether the testimony of an accomplice shall be received, and as to whether he has an equitable right to executive clemency | 201 |
| An accomplice may be used as a witness from the necessity of the case; and, if he acts in good faith in giving it, the government is bound in honor not to prosecute him further | 910 |
| If, in so testifying, he implicate himself, he should be discharged, although the person against whom he testified was acquitted | 910 |
| If the prosecuting attorney fail to enter a nolle prosequi, the court will continue the case until a pardon can be procured | 910 |
| Arraignment and plea. | |
| On arraignment for a capital offense, where the prisoner stands mute, a plea of “Not guilty will be entered | 148 |
| The legal effect of the plea of “Nolo contendere” and “Guilty” is the same as regards all the proceedings on the indictment | 196 |
| The proper conclusion of a plea in abatement is a prayer that the indictment be quashed | 99 |
| A plea in abatement which prays for a judgment which the court cannot give upon a plea in abatement is defective and bad | 99 |
| Where the accused had no chance to challenge the grand jurors, he may take advantage of the disqualification of any one or more of them by plea in abatement | 99 |
| A plea in abatement alleging a disqualification of one of the grand jurors who found the indictment need not be verified | 99 |
| A plea in abatement “which alleges as a disqualification of a grand juror that he joined the Rebellion against the United States, without any specific averment of time and place, is bad | 99 |
| On demurrer to a pleading in a criminal case, judgment is to be given against the party who has committed the first fault in pleading | 879 |
| A prisoner twice indicted for the same crime, who has never been arraigned under the first indictment, has no right to have it quashed before going to trial on the second | 1149 |
| Time and place of trial. | |
| Omission of defendant in a criminal case to employ compulsory process for his witnesses will not deprive him of a continuance if his witnesses be absent, but will justify the court in imposing terms | 1308 |
| Act March 2, 1793, in relation to special sessions of the circuit court at places nearer to where the offense was committed, vests in the court a legal discretion, to be exercised on considerations of convenience and practicability | 498 |
| Criminal cases pending at a regular session cannot be continued to a special session held for the trial of crimes, nor can any order be made therein at such session | 1243 |
| Under the sixth amendment, criminal prosecutions must be had in a district which has been ascertained by law previous to the commission of the crime, and not merely previous to the trial | 1220 |
| The fact that a criminal committed the offense in a ship on a voyage to a port in a particular judicial district, and that the prisoner is in custody in such port, will warrant the jury, in the absence of proof to the contrary, in finding that he was first brought into that district | 1270 |
| An indictment for a misdemeanor may be remitted from the district to the circuit court by an order made at a term subsequent to that to which the indictment was returned, and after defendant has pleaded and some proceedings have been had | 1325 |
| Rev. St. § 1037, authorizing the district court to remit an indictment to the circuit court, does not require transmission of the original indictment, but of an exemplification of the record, including a certified copy of the indictment | 1112 |
| Even if the original should be sent, the objection comes too late after verdict | 1112 |
| Conduct of trial. | |
| In cases not capital, the prisoner is not entitled to a copy of the indictment at government expense | 148 |
| A copy of the caption of the indictment must be delivered to the prisoner, along with the indictment, of which it naturally forms a part | 499 |
| The lists of jurors furnished to the prisoner should designate their abode by the township; and a description of their residence merely as within the state is insufficient | 499 |
| Persons charged with misdemeanors may, in the court's discretion, be allowed to plead and defend in their absence 906, | 1230 |
| If the accused escape from custody after the trial is commenced, it may proceed in his absence | 998 |
| Where many persons are included in one indictment, it is in the court's discretion to try them separately or together | 700 |
| Prisoners jointly indicted cannot claim separate trials as of right; but the matter rests in the sound legal discretion of the court, which cannot be governed by fixed rules. In a capital case the court will be inclined to allow a separation | 1205 |
| In a capital case the junior counsel has a right, in opening, to argue at length the law and the facts, but ordinarily only one counsel has a right to close | 1270 |
| Evidence. | |
| On an indictment for assault and battery against a constable serving a warrant, parol evidence of the contents of the warrant cannot be given, unless it be lost or destroyed | 993 |
| Marks on the heads of barrels may be described by a witness to identify them, without proving the loss or destruction of such heads | 1 |
| Testimony given by a witness since deceased, at the preliminary examination, may be proved, under an indictment for the same offense | 1132 |
| It is sufficient in such case to prove substantially all that the deceased witness testified on the particular subject of inquiry | 1132 |
| Where the accessory is jointly indicted with the principal, who pleads “Nolo contendere,” the record of conviction of the principal is prima facie evidence of his guilt at the trial of the other defendant, and his confessions are admissible to show that he was rightfully convicted | 193 |
| On an indictment for conspiracy to defraud the United States by smuggling goods, an affidavit indorsed by the master on the manifest, a month after it was filed, is not admissible as a part thereof | 1 |
| Defendant is entitled in all criminal cases to put in evidence his good character, which is to be considered by the jury, as other items of evidence | 442 1361 |
| The prosecution cannot give evidence as to character, unless the accused opens the door by himself introducing evidence of his character | 760 |
| Experts are not allowed to give their opinions on the question of sanity, where the facts are controverted; but counsel may put to them a state of facts, and ask their opinion thereon | 1093 |
| Testimony legal in form, pertinent to the issue, and received without objection, cannot afterwards be stricken out by the court merely because the foundation for its admission by preliminary inquiry has not been made | 349 |
| Evidence that another person confessed himself to be the guilty person is inadmissible | 1131, 1255 |
| Declarations and admissions of one charged with participation in the crime, made in the presence of the accused, and without contradiction by him, are inadmissible | 1205 |
| In rebuttal of evidence of acts, conduct, and declarations of the accused to show insanity, the prosecution may offer evidence of other acts, conduct, or declarations to show sanity | 349 |
| Proof of declarations of defendant is admissible to explain or determine the character of acts which are ambiguous or unintelligible | 1013 |
| The presumption of guilty intent cannot be rebutted by proof of the declarations of the accused made after committing the offense | 460 |
| On a trial for offering a bribe to a witness, previous declarations by defendant of his motives for doing it are not admissible in his behalf | 1242 |
| Conversations of defendant may be proved, though not amounting to a confession, and not corroborated | 866 |
| The corpus delicti, in murder, may be inferred from circumstances; and when such circumstances are proved, whether they afford a violent or only a reasonable presumption of the death, the declarations of accused in regard thereto are admissible | 1205 |
| Declarations and admissions made to an individual, and not in court or before a magistrate, may be admissible | 1205 |
| If a document be read by defendant by consent, containing a statement of his conversations, such conversations may be considered by the jury | 873 |
| Acts, conduct, and declarations of each defendant made during the pendency of a criminal enterprise are competent evidence against all concerned in it 196, | 293 |
| The confessions of the principal are not admissible to prove the charge against the accessories | 196 |
| The confessions of the principal are admissible, on trial of accessories, to prove that he committed the offense | 196 |
| In larceny, satisfaction to the owner of the stolen goods is admissible; but if made merely to avoid imprisonment and not under a consciousness of guilt, it is not evidence against the accused | 436 |
| Evidence of verbal confessions is to be received with the greatest caution | 1296 |
| If a person arrested for larceny confess to one larceny upon the promises of an officer, and afterwards, without any threat or promise, confess a different larceny before the magistrate, the latter confession is admissible in proof of the latter larceny | 826 |
| An examination of a prisoner for commitment, given under impressions of fear, whether signed by him or not, is inadmissible on his trial for murder on the high seas | 1210 |
| That declarations and admissions were made by the prisoner in answer to questions put by the witness does not render them inadmissible, if no persuasion or intimidation were used | 1205 |
| A confession under threats or promises of favor is not evidence, but facts discovered in consequence thereof are admissible | 436 |
| The presumption of innocence operates in favor of the accused, however degraded or abandoned | 1296 |
| Previous good life and character are entitled to consideration when the jury are in doubt | 800 |
| A reasonable doubt is a doubt founded on the consideration of all the circumstances and evidence, and not on mere conjecture or speculation | 800 |
| On an indictment for setting fire to a vessel on the high seas, the mere possibility that the fire might have originated by accident or spontaneous combustion is no answer to strong probable evidence against the accused | 988 |
| Instructions. | |
| It is the duty of the court, when requested, to declare the law; but the jury are not bound to conform thereto, having the right to decide both the law and the facts | 332 |
| The court cannot declare, as matter of law, that the declarations of self-confessed accomplices and members of a conspiracy are unworthy of belief unless corroborated. The credibility of such testimony is for the jury, under the advice and direction of the court | 1105 |
| Jury. | |
| During a trial for a capital offense, the jury, after the adjournment from day to day, previous to the charge, may take refreshments, but not afterwards | 207 |
| Verdict: Judgment: Sentence. | |
| The court may permit discontinuance of a count upon which the jury have omitted to find; but the verdict cannot be amended, as in case of special verdict, by entering not guilty on such count | 686 |
| On a general verdict of guilty, the evidence will be applied to any sufficient count, and the remaining counts will be wholly disregarded | 792 |
| An indictment for assault and battery and an indictment under the statute for the same assault and battery with intent to kill may be pending and tried at the same time, but there cannot be a judgment of conviction upon both | 284 |
| Where two are indicted together for receiving, etc., stolen property, one may be found guilty of a separate receiving, etc., when the other has been discharged on a plea of prior conviction | 1296 |
| Where two were indicted for conspiracy to insure a vessel and have her cast away, and one of them was indicted individually for the same thing, and both were acquitted, of the conspiracy, held that the individual must also be acquitted if he could not be found guilty without assuming the existence of the conspiracy | 1320 |
| A former conviction cannot be pleaded in bar unless followed by judgment | 284 |
| A plea of autrefois convict to an indictment for receiving stolen goods is sustained by evidence of a previous conviction for stealing such goods | 165 |
| A conviction for stealing a pocketbook bars a subsequent prosecution for stealing a banknote contained in i, and belonging to the same owner | 615 |
| A conviction of the offense of keeping a faro bank, in violation of a municipal ordinance, is no bar to an indictment at common law for keeping a disorderly house, supported by the same evidence | 369 1362 |
| A conviction for violating a municipal bylaw in keeping a faro table held no bar to an indictment for a nuisance at common law in keeping a common gambling house at the same time | 346 |
| Conviction and sentence of an outsider by the house of representatives for breach of privilege by assaulting a member for words spoken in debate is no bar to an indictment for assault and battery | 379 |
| A conviction of stealing a pocketbook is a bar to a subsequent indictment for stealing a note contained in the pocketbook— | 908 |
| Acquittal on an indictment for having in possession a counterfeit plate held a bar to a subsequent indictment for having in possession, at the same time, another plate. | 1269 |
| The court can take judicial knowledge that the offense charged in the different counts is the same, varied so as to meet the proof; and a conviction on one will bar a future prosecution for the same offense | 686 |
| The pendency of another indictment against defendant for the same offense is no ground for arresting the judgment | 284 |
| Upon a joint indictment the judgment must be several | 554 |
| The court has power to set aside or modify its judgment during the term at which it was given | 165 |
| On an indictment at common law, the court may pass sentence under a statute | 786 |
| Where a party is convicted of two crimes arising out of one transaction, that fact will be considered in fixing the measure of his punishment | 165 |
| CRUELTY. | |
| See “Animals.” | |
| CUSTOMS DUTIES. | |
| See, also, “Forfeiture.” | |
| Customs laws. | |
| The construction of a tariff act in which congress reproduces the very words of an earlier law will be much aided by a reference to treasury decisions long in force, construing the prior act | 681 |
| Property purchased abroad by the United States is not liable to pav duties, and a sale thereof by a collector for nonpayment of duties is void | 1023 |
| If such property be in the actual possession of the United States at the time of the sale, and is taken therefrom by the purchaser, the United States may maintain replevin for it | 1023 |
| Rates of duty. | |
| It seems that busts of lead are duty free, under Act 1832, as “all busts of marble, metal, or plaster,” though put in that form to avoid the duty on lead in pigs, bars, and sheets | 919 |
| German Lottery tickets printed in full abroad, so as to require no additions in writings, were dutiable under Rev. St. § 2504, as “all printed matter,” or under section 2516, as nonenumerated articles | 681 |
| Invoice: Entry: Appraisal. | |
| If the proper port of entry of the district be in possession of the enemy, the collector may remove the customhouse to some other convenient port within the district, and there admit vessels to entry | 240 |
| Under Act April 20, 1818, § 4, in calculating ad valorem duties, the actual cost is to be taken, including all charges, except commissions, outside packages, and insurance | 1224 |
| Sugar should be appraised at market value on the date of actual loading, and not at the date of sailing | 1100 |
| An appraisement of a cargo of sugar, based solely on samples taken after most of the cargo had been sold and delivered, held insufficient | 1100 |
| Regulations made by the secretary of the treasury under authority of Rev. St. § 251, when fairly within its scope, and not infringing legal rights of individuals, have the force of law | 454 |
| The regulations forbidding inspection of customhouse books and papers, except on written application to the collector, are reasonable if construed to provide an orderly mode for the exercise of the right of access by importers, but are unreasonable and void if construed to deny all access by importers | 454 |
| Invoices and like papers belonging to importers continue to be their property, though required by law to be impounded at the customhouse, and they have a right to inspect them under reasonable restrictions | 454 |
| The secretary's regulations in respect to an inspection of customhouse books and papers does not make it unlawful for the collector to produce them in court under subpoena, or at the request of the district attorney | 454 |
| Manifest | |
| For importing goods without a manifest, the master is liable to a penalty under Act 1799, § 24, though ignorant that the goods were on board; as where they are brought on board, and concealed by a sailor | 446 |
| The master is not entitled to the benefit of the proviso in that section if the goods are unshipped. Throwing goods into the dock, protected so that they may be reclaimed, is unshipment | 446 |
| The secretary of the treasury may remit penalties in such cases | 446 |
| It is not necessary to the liability of the master to the penalty for omitting goods from the manifest that it should appear that he had knowledge of the goods being on board. Want of such knowledge must be proved as a defense | 1273 |
| A declaration alleging that goods imported without a manifest belonged to the master is not supported by evidence that they belonged to, and were smuggled on board by, one of the crew | 446 |
| An allegation, in an information of forfeiture, that the master neither did nor would deliver a true manifest of merchandise, but, on the contrary, delivered a false and fraudulent invoice, with a view to evade the revenue laws, does not present a case within Act 1821, but within Act 1799, §§ 67, 106 | 1159 |
| Information of forfeiture for importing goods not entered on the manifest, sustained as to the vessel, and dismissed as to the master. Case No. 16,107 followed | 543 |
| Actions for duties. | |
| The United States may maintain assumpsit for duties not bonded | 396 |
| Debt lies against the importer for duties on smuggled goods: also in cases where, by mistake, accident, or fraud, no bond is given; and also where short duties only have been paid | 1024 |
| In such cases an information of debt, or an information in the nature of a bill of discovery and account, is a proper remedy | 1024 |
| A bond to secure duties is not an extinguishment of the debt, but merely a collateral security therefor | 1024 |
| Duties accrue on arrival in port with intent to unlade the cargo, not on entry of the goods at the customhouse | 971 |
| The right to duties accrues by the importation with intent to unlade, so that the amount immediately becomes a personal charge against the importer, for which debt will lie. | 1024 1363 |
| It seems that a debt accruing by statute, though a specialty, is not of so high a dignity as a bond. | 1024 |
| Violations of law: Forfeiture. | |
| Act June 22, 1874, § 5, is ex post facto and unconstitutional, as to suits then pending for violation of the customs laws. | 414 |
| Act March 3, 1863, imposing a penalty for false and fraudulent entry of goods at less than their true weight or value, was not repealed by Act July 18, 1866, § 4 | 1237 |
| The revenue collection act of 1799 (section 54), respecting the breaking of locks and fastenings put on vessels by inspectors, applies to vessels in the coasting as well as foreign trade. | 1157 |
| Act March 3, 1823, § 2, forfeiting double the value of goods illegally imported, is not confined to goods imported from territory adjoining the United States. | 661 |
| Nor is the act confined to cases arising under statutes in operation when that section was enacted. | 661 |
| Entering goods by a false invoice is an illegal importation under this section. | 661 |
| This section was repealed by the Revised Statutes (June 22, 1874), but the repeal did not operate upon cases previously commenced. | 661 |
| As the act of 1839 makes no exception to the limitation imposed by it in the case of concealed fraud, the court cannot ingraft such an exception upon it. | 1140 |
| The effect of the repealing provisions of Act March 3, 1863, § 14, in relation to forfeitures, is to leave in full force the limitation continued in Act Feb. 28, 1839, § 4, with its proviso. | 1140 |
| Act 1839, § 4, is applicable to suits in favor of the United State. | 1140 |
| Unloading goods without a permit before Teaching port of destination does not cause a forfeiture of the ship, under Act Match 2, 1799. | 439 |
| It is no objection that an agent of the importer makes him debtor for the goods in the invoice, as bought of the agent, if in fact the latter acted only as agent for the importer in the purchase. | 1224 |
| Purchasers of goods who were fully informed by the seller of the making and forwarding of false invoices, and who acquiesced therein, and availed themselves thereof, are estopped to say that they did not themselves perpetrate the unlawful act. | 1237 |
| Where such purchasers knew that the article would be invoiced to them as owners, and so presented for entry, and did not protest or inform the government officers, they are estopped to claim that they were not owners at the time of the entry. | 1237 |
| The defense that goods were unladen by unavoidable accident, necessity, or distress is not admissible unless the requisite proofs thereof were made before the collector, or were prevented by inevitable accident, etc (Act March 2, 1799, c. 128, § 27.) | 240 |
| The admission of the goods to entry is not evidence either that the proofs were furnished, or of the existence of such accident, necessity, or distress. | 240 |
| The defense that the party has been prevented by inevitable accident, necessity, or distress from complying with the requisitions of Act March 2, 1799, c. 128, §§ 50, 92, is not admissible under a plea which simply puts in issue a denial of the facts constituting a forfeiture thereunder. | 240 |
| What constitutes a case of unavoidable accident, necessity and distress. | 240 |
| Exaction of the penal duty of 20 per cent, after institution of proceedings for a forfeiture, is illegal; and the claimant is entitled to have the same returned out of the proceeds of the property on condemnation. | 972 |
| It would seem that, in all cases of importation in vessels, a penalty or forfeiture is not to be inferred by a mere mistake in the manifest, report, or entry, without fraud, misconduct, or culpable negligence. | 1159 |
| One who goes abroad with funds furnished by another, and buys goods to be smuggled home, and causes them to be delivered to the carrier, who actually smuggles them, is guilty, though the service be gratuitous. | 1179 |
| A criminal information for violation of Rev. St. § 5445, in effecting an entry of merchandise, need not set forth the various steps or documents by which the entry was effected. | 1289 |
| On a prosecution for entering goods at a false valuation, evidence that other goods of the same kind were entered about the same time, at a higher valuation, is admissible. | 1237 |
| Under Rev. St. § 3082, possession of goods is not sufficient to authorize conviction until it is otherwise proved that they were imported contrary to law. | 994 |
| Statements made by one who for a time had possession of goods claimed as the property of another, in respect to certain alleged violations of the customs laws made after he had parted with the possession thereof, held incompetent evidence, as being merely narrative or historical, and in derogation of the title of the alleged owner. | 994 |
| The surety on a bond given on the entry for exportation of goods entitled to a drawback is estopped to deny that the quantity specified therein was in fact laden upon the vessel. | 251 |
| Where the goods are fraudulently relanded, and the marks changed, so as to show a greater amount than that actually put on board, the transaction is a relanding, within the meaning of the bond. | 251 |
| Sentence and fine imposed for smuggling. | 1260 |
| Quære, as to how far the court can regard the innocence of a party when the facts subject him to the penalties of a statute, and especially of the collection law. | 1336 |
| Foreign distilled spirits. | |
| Casks in which foreign distilled spirits have been imported cannot be used to contain domestic distilled spirits, though the stamps thereon have been effaced and destroyed. (Act March 1, 1879, § 12.) | 74 |
| Act March 2, 1799, making it penal to sell, alienate, or remove an empty cask which has contained foreign distilled spirits before the marks set thereon had been defaced, does not apply to a removal by a person who receives it after a purchase 69, | 71 |
| A person is not liable for the act of his clerk who purchased and removed to his store an empty cask, which had contained foreign distilled spirits, without removal of the marks thereon, where done without his knowledge or acquiescence. | 65 |
| Act April 20, 1818, requiring the deposit of distilled spirits in public warehouses, does not repeal Act March 2, 1799, requiring certain marks to be set upon casks containing foreign distilled spirits. | 65 |
| Bonding: Warehousing. | |
| Only the owner or consignee, or his agent or factor, can enter and bond goods at the customhouse. A subpurchaser, after importation, has no such right; and the collector has no authority to receive the bond of any person except those legally entitled to enter the goods. | 1024 |
| Original importers are liable on their warehouse bond where goods are withdrawn by their vendees without payment of the proper duties. | 1272 1364 |
| Under Act March 3, 1841, private bonded warehouses are public storehouses, and collectors are authorized to retain, as emoluments, money received for deposit of importations therein, under the same provisions applicable to public storehouses. | 1078 |
| Under Act July 14, 1832, § 5, a surety is liable on a duty bond, though the amount is less than $200. | 973 |
| It is no defense to an action on a duty bond for goods deposited in a public storehouse in Savannah that the principal actually paid, under compulsion, the duties to the Confederate collector. | 1006 |
| Nor is it a defense that there was no United States collector to whom payment could be made during the three years within which the duties were to be paid by the terms of the bond. | 1006 |
| It is no defense to a bond for customs duties that it was given by the obligors, without knowledge of an alleged defense, arising from delay in demanding payment. | 1121 |
| The United States are entitled to judgment at the return term upon revenue bonds; and the court will, on motion, rule the marshal to return the writ on some day during the term. (Act March 2, 1799, § 65.) | 615, 1223 |
| Customs officers. | |
| Giving a second official bond by a collector, with different sureties, does not of itself merge or extinguish the first; and an unsatisfied judgment on one does not bar an action on the other for the same breach. | 403 |
| The collector's books in the handwriting of a deceased clerk are evidence for the United States. | 396 |
| On an indictment for forcibly obstructing a customs officer in the discharge of his duties, it is no defense that the object was personal chastisement merely, if defendant knew the officer to be so engaged. | 693 |
| DEDICATION. | |
| The recording by a government agent of a plat designating part of the land as “public ground, forever to remain vacant of buildings,” with a memorandum annexed declaring that this portion is not to be occupied by buildings, is a dedication. | 461 |
| Where all the provisions of the state law have not been complied with, it is not a statutory, but a common-law, dedication; and the fee does not vest in the city. | 461 |
| Property specially dedicated to a particular purpose cannot be diverted therefrom by the state or municipality, except under the right of eminent domain. | 461 |
| Where the United States have made a common-law dedication of lands for a particular use they retain, as owners of the fee, an interest enabling them to sue in equity to prevent a diversion to other uses. | 461 |
| DISORDERLY HOUSES. | |
| A house kept for the meeting of men and women for illegal and obscene purpose or for the purpose of enticing young girls there for debauchery, is a disorderly house. | 17 |
| The practice of selling spirituous liquors publicly to negroes assembled in considerable numbers, to be drunk in or about the house, on Sunday, is keeping a disorderly house. | 971 |
| The keeper of a room in which common gaming is carried on, for his gain and under his management, is guilty of keeping a disorderly house; and evidence of his keeping a faro bank therein may be given under an indictment therefor. | 1252 |
| Under an indictment for keeping a disorderly house and a bawdy house, the government cannot give evidence of the general reputation of the house or of defendants. (Overruling 17.) | 666 |
| On an indictment for keeping a house of ill fame, evidence may be given of the ill fame of its inhabitants, but the witness will, not be required to disclose their names. | 1086 |
| DISTRICT ATTORNEYS. | |
| A district attorney is liable for money actually received, or money lost by his unwarrantable neglect; but he is not answerable for the default, inattention, or frauds of the marshal. | 467 |
| The discharge of public debtors by a district attorney before or after judgment is not of itself a ground of liability on his part to the government. | 467 |
| Allowance of costs to the district attorney is altogether in the jurisdiction of the judge, and not of the officers of the treasury. | 467 |
| Claims by a district attorney for a credit for costs not taxed, but taxable, is not admissible in an action against him unless it has been disallowed by the accounting officers. | 467 |
| A district attorney held entitled to fees for prosecuting a suit in the name of a debtor of the United States, and to whose rights the United States had succeeded. | 467 |
| The attorney is not entitled to fees for extra official services rendered to other subordinate governmental officers at their request, without requisition of an executive department, and not provided for by law or sustained by uniform usage. | 467 |
| DISTRICT OF COLUMBIA. | |
| The jurisdiction of the United States over the District of Columbia vested on the first Monday of December, 1800. | 96 |
| ELECTIONS AND VOTERS. | |
| The charter of the city of Washington of 1848 (section 5) does not require, as a qualification for voting, citizenship of the United States one year prior to the election. | 1066 |
| The act of 1848 added, to the qualifications of voters in the District of Columbia, the payment of a school tax. | 1058 |
| The assessors must register all white male residents of Washington City subject to a school tax, whether foreigners or not. | 1006 |
| After the registry list has passed from the register to the commissioners of election, the latter cannot be controlled by mandamus, their duties being judicial, and not ministerial. | 1066 |
| The evidence of qualification afforded by the registry is not exclusive; other testimony may be admitted, and, if all qualifications are proved, the person is entitled to vote. | 1055 |
| An indictment under Rev. St. § 5512, for fraudulent registration, charging that defendant, “having no lawful right to register, fraudulently and willfully did register,” held bad in not pointing out the fraud, and stating facts showing that defendant was not entitled to register. | 328 |
| An averment that the accused was an alien, and had not been admitted to become a citizen of the United States, does not show that he had no right to register, or that he was not a citizen of the United States, or that he had no right to vote. | 325 |
| An allegation that a person claimed a right to vote at an election is not equivalent to an allegation that he was a qualified voter. | 261 1365 |
| An allegation that defendant offered a person a certain sum to vote is equivalent to an allegation that he counseled and advised him to vote. | 260 |
| An averment, in an indictment for bribing voters, that an election was held in a certain precinct on the day prescribed for holding such election, is sufficient; it being presumed that such election was legal. | 630 |
| An allegation that an election was held at East Portland precinct held equivalent to an averment that an election was held in such precinct. | 630 |
| Intrusting the keys of ballot boxes to a police patrolman, and opening the boxes in a different order than that prescribed by the state statute, held insufficient to authorize a conviction, under Rev. St. § 55, though there was a fraudulent substitution of ballots, where the inspectors were not shown to have been connected therewith. | 236 |
| EMBARGO AND NONINTER-COURSE. | |
| The report required of the master must state truly the voyage and the place whence the vessel last sailed; and the owner is considered as authorizing the master to make the report. Therefore, though he may controvert it, it is yet prima facie evidence | 979 |
| A forfeiture of the ship is incurred by her violation of the act, whether with or without the authority of the owner. The vessel speaks and acts by the master, and both she and her owner are bound by his acts. | 979 |
| The homeward bound cargo of a vessel which proceeds to a foreign port, in contravention of the act of 1808, is not liable to condemnation. | 585 |
| On a libel against the vessel herself, necessity arising from stress of weather is no defense. | 585 |
| A port conquered and occupied by the enemy held not a port of the United States, within the nonimportation acts. | 240 |
| A vessel having the president's permission to go to the West Indies for American property, condemned, with her cargo, for having on board other merchandise besides that authorized. | 979 |
| Goods of British growth, though not liable to duties, are prohibited from importation by Act March 1, 1809. | 1166 |
| An offense punishable by fine and imprisonment, under Act Jan. 9, 1809, was not saved from repeal by the saving clause in Act June 28, 1809, § 2. | 1153 |
| Penalties under Act Jan. 9, 1808, are to be sued for within the time limited by the statute of limitations of April 30, 1790, and not by Act March 2, 1799, § 89, or Act March 26. 1804. | 1230 |
| Exportation of goods contrary to Act Jan. 9, 1809, § 1, is a misdemeanor, of which the circuit court has original cognizance; and it seems the prosecution may be by information. | 1153 |
| A libel of forfeiture under the acts of 1807 and 1808 need not set forth the particular character of the vessel, since vessels of all kinds are subject to forfeiture under the law. | 979 |
| The exception in the embargo laws exempting from its penalties foreign vessels in certain cases need not be negatived in the libel. | 979 |
| The burden of proof of the vessel's being neutral in an information, under Act March 1, 1809, c. 91, and subsequent acts, rests on the claimant. | 240 |
| An embargo bond held void because of the insertion of stipulations not authorized by the statute. | 1315 |
| What constitutes a “peril of the sea” within the condition of an embargo bond. | 84 |
| In debt on an embargo bond, where it was claimed the vessel was driven by stress of weather to the Island of St. Thomas, held, that defendants must clear themselves of any imputation that the vessel was not seaworthy; but if sufficient cause, such as storms, were shown for her disability, the want of seaworthiness must be proved by the plaintiff. | 1287 |
| Where a collector died pending suit for the penalty of an embargo bond given to him, and his deputy continued to act until after judgment, held, that the deceased collector's right to share in the moiety given to the revenue officers was preserved, and the same did not go to his successor. | 638 |
| Construction of nonimportation acts of 1809, 1811, and 1814. | 240 |
| EMBEZZLEMENT. | |
| See, also, “Post Office” | |
| Act Aug. 13, 1841, and Act Aug. 6. 1846, apply to persons intrusted by law with the legal possession of public moneys, and not to those subordinates who, not being intrusted with such possession, may be punished for fraudulent conversion. | 452 |
| One appointed under Act Jan. 18, 1837, as clerk to the treasurer of the mint, is not indictable, under those acts, for embezzling public moneys. | 452 |
| “Moneys,” as used in Rev. St § 5209, for punishing embezzlement, etc., by officers of national banks, includes national bank bills. | 621 |
| An indictment under this section charging defendant with drawing bills of exchange, and assigning notes without authority, need not allege an intent to injure and defraud the association. | 621 |
| An indictment of the president of a national bank for embezzling its moneys must show that the moneys were lawfully intrusted to his possession. | 621 |
| EMINENT DOMAIN. | |
| The constitution gives congress authority to condemn lands situated in a state for use as a post-office site. | 482 |
| Act June 10, 1872, appropriating money for the “purchase, at private sale or by condemnation,” of a site for a post office at Cincinnati, recognized the previous act (March 12, 1872) as conferring power to condemn the lands, if necessary. | 482 |
| The legislature cannot take land, and give it to a corporation, even for a public purpose, and fix by statute the compensation. The compensation must be judicially ascertained. | 461 |
| The laying out of a highway at common law, and under the highway acts of Massachusetts, does not deprive the owner of the fee, but only subjects it to the easement. | 185 |
| Under a special act authorizing a street or highway to be laid out, providing for damages in a special manner, and barring any action for possession or damages, the fee does not pass. | 185 |
| A state statute providing a mode of procedure for condemnation of land by the United States (Act Ohio Feb. 15, 1873) is made applicable to such proceedings in a federal court by Act June 1, 1872, adopting the practice, etc., of the state courts. | 482 |
| Under the Ohio statute, all persons interested in the land are made parties, and their rights adjudged, so that the taking of leased lands or lands in which interests are held by contract puts an end to all the rights and obligations between the contracting parties. | 490 1366 |
| Under the Ohio Statute (69 Laws, 88), separate trials are allowed as to separate parcels, but not as the separate interests therein; but the separate interests may be separately presented to the jury. | 482 |
| The measure of compensation, both under the constitution of the United States and the laws of Ohio, is the fair market value at the time of condemnation, not at forced sale, but at a sale by the owners themselves. | 490 |
| The measure of compensation for property condemned by the United States is the full, fair market value in cash, without allowance for loss of custom, etc., by persons having stores in the condemned buildings. | 482 |
| If condemnation take place during a temporary depression due to stringency in the money market, it seems that the property may be valued as of a time immediately preceding such depression. | 490 |
| The rule giving damages for injury to part of the land not taken held inapplicable where property taken on one side of an alley was leased for use in connection with a livery stable on the opposite side. | 490 |
| Where leased property is condemned, the lessee is entitled to such part of the damages as his unexpired term is fairly worth above the amount of rent to be paid. | 490 |
| Where an interest was claimed under an informal lease, held, that the government might show a parol agreement that the same was only to be used to support a claim for compensation in case of condemnation. | 490 |
| A tenant for five years, who was refused a renewal because the property was likely to be taken for public use, but who was allowed to hold over, held not to have entered on a new term for five years, or even for one year, so as to be entitled to compensation for the unexpired time. | 490 |
| A renting for three years, the agreement to be void if the premises are condemned for public use, ceases on condemnation. | 490 |
| EVIDENCE. | |
| See, also, “Criminal Law,” and names of particular crimes. | |
| Judicial notice. | |
| On an indictment for bribing voters, the court takes judicial notice that the state of Oregon is a representative and judicial district of the United States. | 630 |
| Presumptions. | |
| When certain property is shown to belong to a particular person, the presumption is that the ownership remains unchanged, until the contrary appears. | 1197 |
| Best and secondary. | |
| The contents of a written paper cannot be proved by parol, unless the paper is lost or destroyed. | 1036 |
| Parol evidence may be given of the contents of a lost warrant under which an officer was acting. | 851 |
| Declarations and admissions. | |
| Declarations of the master of a vessel charged with engaging in illegal traffic, as to his suspicions that the purpose of the voyage was not lawful, are to be regarded as admissions, especially where he is both master and owner. | 548 |
| Documentary. | |
| The books of account of a paymaster of the marine corps are so far public books as to authorize the United States to use them in evidence. | 815 |
| Presumptions arising from the showings of the books of the treasury department in account with a navy paymaster, considered, together with what evidence is necessary to rebut the same. | 815 |
| On a libel of forfeiture under the embargo laws, the report, manifest, and affidavit of the master before the collector constitute one entire transaction, so as to be admissible in evidence. The entry of the ship is a separate matter, and not necessary to complete the transaction. | 979 |
| The manifest of the cargo filed in the customhouse is competent evidence on the question whether certain goods were imported without being entered on the manifest. | 1273 |
| A certificate of a survey of a vessel is not evidence of the facts stated in it; but if the surveyors, in a deposition, refer to the certificate as containing all they know, it is evidence. | 1286 |
| The certificate of an American consul, under his seal, that the ship's papers were lodged with him, as required by the embargo law, is evidence of that fact, but not of other facts stated in it. | 1286 |
| If a ship's log book be offered in evidence, it must be proved to be the book kept on the voyage. Proof of the mate's handwriting as to some of the entries is insufficient. | 1287 |
| In debt on an embargo bond, held, that the log book was admissible, having been identified by witness, though he did not recollect seeing the mate make regular entries in it; it also appearing that every exertion had been made to procure the attendance of the mate. | 1287 |
| In debt on an embargo bond, where it was alleged that the vessel was driven by stress of weather to the Island of St. Thomas, and there compelled by the authorities to sell her cargo, held that a certificate by the governor of the island, without seal (his signature being proved), that a petition for leave to depart with the cargo was denied, was an official act, admissible in evidence. | 1287 |
| The provision in Act March 3, 1797, § 2, relating to the admission of authenticated copies of bonds, contracts, and other papers, is not restricted to suits commenced under the authority given by section 2, but applies to all cases where the evidence is required. | 917 |
| Admissibility of contractor's account, as certified under Act March 3, 1817, c. 45, § 11. | 41 |
| The mode of authentication, as prescribed by law of transcripts from the executive department, must be strictly pursued, to make them evidence against public debtors. | 169 |
| A treasury transcript to be evidence must contain the original items of the accounts or balances admitted by defendant in his official returns. | 321 |
| Where the officer is charged with money received from third persons, the evidence on which the charge is made must be stated. | 321 |
| Written documents certified by foreign notaries may be contradicted by parol testimony | 596 |
| Competency: Relevancy. | |
| The lawfulness or unlawfulness of the mode by which evidence is obtained does not affect its admissibility. | 832 |
| When a resort to circumstantial evidence is necessary, objections to testimony on the ground that any particular circumstance is irrelevant or inconclusive are not favored, as each circumstance usually depends on others for its force. | 548 |
| Handwriting. | |
| One who has often seen a person write is competent to compare the writing in question with the genuine handwriting, and to state his belief arising from both sources. | 871 1367 |
| The signatures of officers of a hank may be proved by persons who are conversant with the bank bills, though they have never seen such officers write. | 369 |
| A witness is not competent to testify as to handwriting who has only seen for a few minutes papers acknowledged by defendant to be in his handwriting. | 624 |
| Weight and sufficiency. | |
| On the question whether a tract of land is sufficiently described, the judge may weigh his personal knowledge thereof in connection with the testimony. | 666 |
| EXCEPTIONS, BILL OF. | |
| The proper form for a bill of exceptions is that in use under Stat. Westm. II., and not of a ease saved by one judge for the whole court. | 593 |
| The seal to a statement verifying all the papers sent up may be sufficient, though not in the usual place for a bill of exceptions. | 593 |
| EXECUTION. | |
| Land may be sold under a later judgment without any impediment from an earlier one. | 1231 |
| A forthcoming bond which is forfeited is a satisfaction of the judgment on which the execution issued, and no further proceedings can be founded thereon. | 14 |
| Whether, under a judgment for the value of goods illegally imported, the debtor is liable to arrest on execution, depends on the local law. (Rev. St. § 990.) | 1288 |
| An action for the value of goods illegally imported held not one to recover damages for a fraud or for a penalty, so as to make defendant liable to arrest, under Code N. T. § 549. | 1288 |
| Forty-eight hours is ordinarily a reasonable time to give a debtor arrested on execution to procure bond before committing him to prison. | 406 |
| Act 1828, c. 68, adopts the state laws, then existing, on the subject of jail liberties; and Act 1800, c. 4, is no longer in force. | 793 |
| EXECUTIVE DEPARTMENTS. | |
| Power of the third auditor to authenticate copies of accounts, etc., of the treasury department. (Act March 3, 1817, pc. 45) | 41 |
| The postmaster general, in the discharge of those duties which are prescribed by law, is not lawfully subject to the control of the president. | 702 |
| The secretary of the navy has authority to order the fourth auditor to allow a credit to a naval paymaster for extra official service; and an allowance so made is equivalent to an allowance by the secretary himself. | 815 |
| EXECUTORS AND ADMINISTRATORS. | |
| A creditor cannot maintain an action against the administrator of his debtor on his administration bond, before return of non est on a capias ad respondendum, or a fi. fa. returned nulla bona, or other apparent insolvency. | 758 |
| A general plea of plene administravit may be good where all the property has been exhausted in the regular course of administration; but, if exhausted in paying debts without notice of a debt having a legal priority, such fact should be specially pleaded. | 329 |
| EXTORTION. | |
| An officer is not guilty of extortion in collecting greater fees than those allowed by law, unless he did so with knowledge that he was violating the law. | 309 |
| EXTRADITION. | |
| Extradition proceedings do not, by their nature, secure immunity from prosecution for other offenses than that for which the prisoner was surrendered. | 879 |
| There is no provision conferring such immunity in the treaty with Great Britain of August 9, 1842, or in Act Aug. 12, 1848, or Act March 3, 1869. | 879 |
| An alleged agreement before extradition that the prisoner should not be tried for any other offense until he had opportunity to return to the country from which he was extradited does not affect the jurisdiction of the court to try him on a different charge. | 879 |
| The British extradition act of August 9, 1870 (33 & 34 Vict. c. 52), is not binding on the courts of the United States in respect to the construction of the treaty of 1842. | 879 |
| FALSE PRETENSES. | |
| An indictment will not lie at common law for obtaining goods on credit upon the false pretense that the purchaser was master of a vessel and a man of property, and by exhibiting letters that the purchaser was captain of and interested in a certain vessel. | 73 |
| FISHERIES. | |
| In an indictment for making a false declaration as to the employment of a vessel in the cod fisheries, a variance in the description of the certificate required to be sworn to held fatal. | 851 |
| FORFEITURE. | |
| See, also, “Customs Duties” “Informers” “Internal Revenue” “Practice in Admiralty” “Prize” “Shipping.” | |
| The forfeiture of a vessel or its value, under Rev. St. § 4143, does not vest either in the government absolutely, but only from the time it elects which to take. | 91 |
| The value of the vessel at the time of the commission of the illegal act governs the amount of penalty, irrespective of any subsequent change or loss. | 91 |
| The secretary of the treasury has power, under the act for the mitigation and remission of forfeitures, to remit the moiety of individuals, as well as that of the government. | 1336 |
| A judgment or a decree of condemnation does not vest the right of individuals, so as to secure them against the secretary's power of remission. | 1336 |
| The power of the secretary is wholly distinct from the constitutional pardoning power of the president, and its object is to afford merited relief, where the courts are obliged to inflict the penalty. | 1336 |
| “Prosecution,” as used in the act for the remission of penalties, includes all the proceedings in a suit, as well before as after judgment, including the execution. | 1336 1368 |
| A libel for forfeiture of a vessel will be dismissed if the facts do not authorize a forfeiture, although an offense against other provisions of the same law is shown | 439 |
| Books and papers seized on a warrant (Act March 2, 1867, § 2) before institution of an action to recover the value of goods, as forfeited under the customs laws, are admissible against defendant. (Reversing 421.) | 417 |
| FORGERY. | |
| See, also, “Counterfeiting.” | |
| A written request to lend money may be the subject of forgery at common law | 30 |
| A military land warrant is neither an indenture nor a public security, within the meaning of the Crimes Act of March 3, 1825, § 17 | 544 |
| Quære, whether, in an indictment under the penitentiary act (4 Stat. 448) for forgery, it must not be averred to have been done “to the prejudice of the right” of some person | 871 |
| In an indictment, under Act March 2, 1831, § 11, for uttering a forged cheek, it is not necessary to aver that such uttering was “to the prejudice of the right of any other person,” or that the check was “a paper writing or printed paper.” | 1046 |
| In an indictment under Rev. St. § 5418, for forging writings used in entering goods at the customhouse, it is unnecessary to aver the existence of the goods mentioned in the writings | 878 |
| An indictment under Rev. St, § 5463, charging a person with forging a material indorsement on a post-office money order, with intent to defraud a person named, is sufficient | 1321 |
| The scienter may be proved by the fact of similar forged orders found in possession of defendant or of an accomplice in passing them | 324 |
| An order on the cashier of the Bank of the United States is evidence in support of an indictment for forging an order on the cashier of the corporation of the Bank of the United States | 324 |
| Act April 30, 1790, § 14, punishing forgery of public securities with death, was impliedly repealed by Act March 3, 1825, § 17. | 544 |
| Forgery of writings used in entering goods at the customhouse is punishable under Rev. St. § 5418, relating to forgery of certain writings named, or “other writing.” | 878 |
| FRAUDULENT CONVEYANCES. | |
| An assignment of property to secure advances made and to be made is valid, except as to those made after the liens of third parties have attached | 916 |
| On a bill to set aside a fraudulent conveyance of land levied on by execution, the court will not inquire whether there was not personal property on which the marshal should first have levied | 997 |
| Where such conveyance was fraudulent, the court will set it aside, and order the land sold subject to the lien of the original vendor | 997 |
| GAMING. | |
| All acts of keeping a gaming house before indictment constitute but one offense | 1059 |
| Under Act Md. 1797, c. 110, the offense of keeping a faro table can only be committed by a tavern keeper or retailer of spirituous liquors | 915 |
| An indictment charging that defendant kept a certain gaming table, called a “faro bank,” is not sufficient, under the penitentiary act (4 Stat. 448) | 1252 |
| An indictment for keeping a “gaming table” is insufficient. It should charge the keeping of a common earning table | 1253 |
| An indictment for keeping “a faro bank” is bad. It should be “a common faro bank,” or “a faro bank, the same being a common gaming table.” | 1253 |
| In an indictment for keeping a public gaming house, the day laid is not material, so that it is within the time of limitation, and not within the time of previous conviction or acquittal | 1059 |
| Evidence that defendant dealt the cards at faro is prima facie evidence that he kept the house | 1255 |
| Garnishment. | |
| See “Attachment.” | |
| GRAND JURY. | |
| See, also, “Criminal Law “Indictment” “jury.” | |
| The federal district courts have the power to direct the grand jury as completely as the circuit courts to the extent of their criminal jurisdiction | 315 |
| The accused is not entitled to send witnesses to the grand jury to prove merely exculpatory matter | 886 |
| The prosecution is not required to summon witnesses to the grand jury to prove the sanity of the accused | 886 |
| A grand jury impaneled, sworn, and charged by the court during the lifetime of a district attorney have jurisdiction, after his death, to indict a person afterwards committed by a commissioner | 1044 |
| A presentment by a grand jury of an offense of which the court has no jurisdiction is coram non judice | 315 |
| The presence of one disqualified person upon the panel of a grand jury vitiates the indictment found by it | 99 |
| GRANT. | |
| See, also, “Public Lands.” | |
| Under the laws of Mexico, more than 11 leagues of land could not be granted in colonization to any one person | 195 |
| The location of a valid grant cannot be affected by the fact that, without notice to the grantee, the grant was treated as forfeited, and part of the lands granted to another | 867 |
| Where a grant solicited described the first line as a certain parallel of latitude, which was delineated on the disefio by reference to natural monuments, held, that these must control where they differed from the natural parallel | 867 |
| Forfeiture of a Mexican grant cannot be predicated on failure to occupy and cultivate, occurring after the acquisition of California | 866 |
| On objections filed to a survey, any ambiguities and repugnancies in the decree establishing the authenticity of the claim may be removed by interpretation | 371 |
| An unquestionably genuine Mexican grant will not be invalidated by an accompanying titulo which is forged and fraudulent, if neither the claimants nor the original grantees were parties to the fraud | 666 |
| Location of grant on conflicting testimony | 7 1369 |
| Claims to Mexican land grants confirmed upon the evidence. 36, 42, 52, 374, 870, 871, 915, | 1310 |
| Survey of Mexican land grant confirmed upon the evidence | 310, 312 |
| Alleged Mexican grant in California rejected as fraudulent and antedated | 947 |
| GUARANTY. | |
| A guarantor of the payment of a specific sum offered in compromise of a claim for taxes, fines, and penalties is not liable on the guaranty until the specific offer has been accepted | 926 |
| GUARDIAN AND WARD. | |
| An order of the orphans' court that R. enter into bond as guardian of O. is not an appointment to the office of guardian | 977 |
| HABEAS CORPUS. | |
| A prisoner committed for assault, with intent to kill, on the president of the United States, held not entitled to a writ of habeas corpus for the purpose of examining into his sanity | 887 |
| Federal courts have jurisdiction to issue habeas corpus for parties held, under state laws, for acts done under requisitions by the executive of one state upon the executive of another state | 1051 |
| Habeas corpus will not issue from a federal court to release one held for trial in a state court, either on the ground that he was illegally seized in another state, or that he was charged with a different crime than that for which he was extradited | 626 |
| An officer will be protected in serving process regular on its face issued by a court having jurisdiction of the subject-matter, though it issued irregularly | 177 |
| One confined for an act done in pursuance of a law of the United States, or of process from a federal court or judge, is entitled to discharge, whether held under state or federal process. (Act March 2, 1833, § 7.) | 571 |
| A person committed by a state court on charges of altering a bench warrant, attempting to kidnap, and false imprisonment,—all arising out of his arresting a person on process of a federal court, which had been altered by insertion of the name of the person arrested,—may, on a proper showing, be released by a federal district judge. (Act March 2, 1833.) | 177 |
| Where the return shows that petitioner is held under a commitment, regular on its face, of a competent state court, but petitioner alleges that he is really held for an act done under authority of the United States, the court will adjourn the hearing, and give notice to the county attorney | 571 |
| On writ of habeas corpus for persons indicted for kidnaping, they may go behind the indictment to show identity of the parties, and that they were indicted for acts done under a requisition of a state governor in extradition proceedings; but they cannot show that the indictment on which the requisition was issued was improperly procured | 1051 |
| A father is not, of course, entitled to the custody of his infant child, if brought into court; but the court will exercise its discretion on the subject, and place the infant where it will be most for its benefit | 30 |
| Upon a habeas corpus to restore an infant to the custody of her parent, defendant will not be discharged simply because he declares that the infant is not in his power, possession, control, or custody, if the conscience of the court is not satisfied that all the material facts are fully disclosed in the return | 30 |
| An attachment is not necessary where the party has not made a true return, if he is present in court; but an order may issue directing him immediately to answer interrogatories | 30 |
| HIGHWAYS. | |
| See, also, “Dedication”; “Eminent Domain.” | |
| Special acts for the laying out of a highway are to be construed in conformity to the general highway acts, unless words are used showing that the fee of the land taken is intended to pass | 185 |
| HOMICIDE. | |
| The master is bound, both by law and contract, to do everything consistent with the safety of ship, passengers, and crew, to rescue a passenger or seaman who has fallen overboard, regardless of delay or expense | 800 |
| Death of a human being as the immediate result of the omission by another to perform a plain legal or contract duty makes the latter guilty of felonious homicide | 800 |
| Willful omission of a ship captain to stop the ship, or to make any attempt to rescue a sailor fallen from the royal yard arm, warrants conviction of no higher offense than manslaughter | 800 |
| A blow with a dangerous weapon, calculated to produce, and actually producing, death, is deemed malicious, and is murder, if struck without such provocation as reduces the crime to manslaughter | 1093 |
| If two fight with deadly weapons in a mutual combat, begun in hot blood, and death ensue, it is manslaughter | 1270 |
| A man is bound to retreat from the moment danger becomes apparent, unless, from the fierceness of the attack, he is prevented from doing so | 287 |
| Where an officer attempting to execute lawful process of arrest is resisted by the party to be arrested, so that he is obliged to take the latter's life in self-defense, the process is a justification | 571 |
| Seamen have no right, even in the case of extreme peril to their own lives, to sacrifice the lives of passengers to save their own | 360 |
| In the case of shipwreck, where the lifeboats are crowded, the seamen have no right to throw passengers overboard, to protect their own lives, and that, of other passengers | 360 |
| An indictment for murder on the high seas need not state, the length and depth of the wound which caused death | 1210 |
| Under an indictment for manslaughter on board a vessel on the high seas or in a foreign port, the prosecutor must prove that the vessel belonged to a citizen of the United States | 465 |
| Where the defense to a charge of manslaughter by a sea captain, in omitting any attempt to rescue a seaman who fell from the rigging into the sea, was that he was killed by the fall, held, that the burden was on defendant to show that the fall was fatal, or to raise a reasonable doubt on the subject | 800 |
| On an indictment for murder by throwing a child overboard, the prosecution must prove (where such a defense is set up) that the child had not died in a fit before it was thrown overboard | 303 1370 |
| Where defendant killed deceased with a dangerous weapon, and the evidence was conflicting as to provocation, and as to which was the assailant, held, that the government, in order to convict, must satisfy the jury beyond a reasonable doubt that the killing was felonious | 1270 |
| On a trial for murder, the dying declarations of the deceased are evidence | 1097 |
| On a trial for murder, the accused is entitled to the benefit of any reasonable doubt as to the elements of murder in the first degree, or second degree, or manslaughter | 781 |
| On an indictment for manslaughter at common law in the District of Columbia, the court will give judgment of fine and imprisonment, under Act, May 30, 1790, § 7 | 1126 |
| INDIANS. | |
| “Cattle,” as used in Act June 30. 1833, § 9, prohibiting pasturing Indian lands with “horses, mules, or cattle,” includes sheep. | 1208 |
| The penalties imposed by that section, may be recovered by indictment. The government is not limited to an information or action of debt | 1208 |
| An Indian agent appointed for Oregon under Act June 5, 1850, § 4, being also a person charged or trusted with the disbursement of money and property, might be required to give bond for more than $2,000. (Act June 30, 1834, §§ 4, 8.) | 426 |
| The tract called “Pyramid Lake Indian Reservation” has been legally reserved for the use of the Pah Utes and other Indians residing thereon, and is “Indian country,” within the meaning of Rev. St. §§ 2133, 2139. | 897 |
| Alaska is not “Indian country,” within the meaning of the acts of congress; and the district court for Alaska, consequently, has jurisdiction to try an Indian for an offense committed there against another Indian | 776 |
| The statutes extending the laws regulating intercourse with the Indian tribes over the tribes in Utah, Nevada then being a part of Utah, do not make Nevada Indian country | 776 |
| INDICTMENT AND INFORMATION. | |
| See, also, “Criminal Law,” and names of particular crimes. | |
| When lies. | |
| The proceeding by criminal information being comparatively unknown in the federal courts, the court declines to issue a warrant of arrest on an information for the offense of selling spirituous liquor to an Indian | 612 |
| Where an offense is made punishable by imprisonment, but the statute provides no mode of prosecution, an indictment, will lie | 1145 |
| Offenses not capital or otherwise infamous may, by leave of court, on complaint on oath, be prosecuted in the federal courts by criminal information | 1221 |
| A prosecution for misapplying the funds of a national bank by its cashier must he by indictment | 62 |
| Finding. | |
| The court may order an indictment to be sent to the grand jury without a previous presentment for the same offense | 1138 |
| Form. | |
| An indictment need not allege that the grand jury was duly organized, and that 12 concurred in the finding | 892 |
| It is not necessary that an information shall show that defendant was held to answer the charge on complaint before a commissioner, or that the charge has been found true by a grand jury | 1289 |
| Allegations in the first count in an indictment may be adopted in the second one by referring to them | 260 |
| The words “said Johnson,” in a second count, indicate the Johnson mentioned and described in the first count, including his status or condition as therein stated, with reference to the charge made in the indictment | 260 |
| An indictment in the territory of Arkansas must conclude “against the peace and dignity of the United States.” | 915 |
| Indorsement. | |
| An indictment for a misdemeanor will be quashed unless the name of the prosecutor is indorsed thereon as required by law, although defendant has given a recognizance | 258 |
| An indictment for a misdemeanor will be quashed unless the name of the prosecutor is indorsed thereon as required by law, although defendant has given a recognizance | 258 |
| The indictment will not be quashed for want of a prosecutor's name if the witnesses were called for by the grand jury; contra where the witnesses were not sent to the grand jury by the court, and it did not appear that they were called for by the grand jury | 986 |
| The want of a prosecutor's name on the indictment is no ground for arrest of judgment 585, | 985 |
| The signature of a district attorney is no part of an indictment, and is only necessary as evidence to the court that he is prosecuting the offender conformably to his statutory duty | 1044 |
| Description of offense. | |
| It is generally sufficient to describe an offense in the words of the statute. 274, | 854 |
| An indictment against a state tax collector for depriving a Chinaman of a right secured to him by Act May 31, 1870, by exacting money under a state law relating to miners, held demurrable, in the absence of an averment that he was a miner, so as to be within its provisions | 563 |
| Description of persons. | |
| Where a statute inflicts a penalty on persons of a certain description only, it is necessary to aver all the facts requisite to show that defendant, was of that description at the time of committing the act | 1060 |
| In an indictment for committing an offense on shipboard under Act 1825. c. 276, §§ 22, 25, the particular ownership of the vessel is immaterial, and a misnomer of the owner is of no consequence | 388 |
| Time and place. | |
| In an indictment for causing a vessel to sail from an American port to engage in the slave trade, it is sufficient if the offense be laid on a day last past, and on divers days and times before and since that day | 826 |
| Joinder of parties and offenses. | |
| Two or more persons charged with an offense in its nature several are not indictable jointly | 682 |
| To sustain a joint indictment for the same offense, it must appear that the offense wholly arose from the joint acts of all the defendants | 1074 |
| Riot and assault and battery may be joined in the same indictment | 1088 |
| The doctrine of merger does not apply to misdemeanors; and an indictment for conspiracy to defraud the revenue is good, though it charge a complete offense, in addition to the conspiracy to Commit it | 1085 |
| Variance. | |
| A variance between the indictment and the evidence is immaterial if the substance of the matter be found | 388 1371 |
| Literal variances, which are not fatal, are those which do not make a word different in sense and grammar,—which leave the sound and sense in substance the same | 324, 1192 |
| Certain variances as to the address upon a letter alleged to have been embezzled by a letter carrier held not material | 610 |
| In case of misnomer, a variance is fatal only when there is a misnomer of one whose existence is essential to the offense charged | 388 |
| A draft signed “Jos. Johnson” is not admissible under a count averring it to be signed “Joseph Johnson, President.” | 686 |
| Where an indictment charges perjury at the circuit court held on the 19th day of May, and the record shows that the court was held on the 20th of May, the variance is fatal | 1132 |
| A note at 60 days with interest is not admissible under an averment of a note at 60 days without interest | 908 |
| Mere surplusage will not vitiate an indictment and need not be proved | 388 |
| No allegation, necessary or unnecessary, which is descriptive of what is legally essential to the charge, can be rejected as surplusage | 388 |
| Unnecessary words, not altering the nature of the charge, inserted by the grand jury, may be rejected as surplusage after verdict | 866 |
| An instrument may be set out by its legal effect; but, if words descriptive of the instrument are used, they must be proved | 686 |
| Conviction of other offense than that charged. | |
| On a joint indictment for murder, one defendant may be found guilty of murder, and another of manslaughter | 131 |
| On a joint indictment against two or more for a statutory misdemeanor, defendants not personally present may be found guilty as principals in the second degree if they participated in the fraud | 166 |
| Aider by verdict. | |
| A motion to quash for want of the name of a prosecutor is too late after verdict | 986 |
| INFORMERS. | |
| See, also, “Forfeiture.” | |
| On a sale of property condemned as forfeited for violation of the internal revenue laws, the informer is entitled to half the proceeds. (Act 1864, § 41.) | 370 |
| After a judgment in proceedings for a fine, penalty, or forfeiture, the president cannot, by a pardon, remit or release the moiety accruing to the individual | 174 |
| INSANITY. | |
| On an inquisition of insanity, on a motion for a new trial, after conviction of perjury, the question is the same as if raised when the prisoner was called to plead 852 | 852 |
| On an inquisition of insanity, counsel for the prisoner should open and close the case to the jury | 852 |
| On an inquisition of insanity, the proof to establish insanity is upon the defendant; yet he should have the benefit of any reasonable doubt | 852 |
| A prisoner acquitted, on the ground of insanity, of an assault with intent to kill, will be remanded to the custody of the marshal, when the court is satisfied that it would be dangerous to permit him to be at large | 887 |
| INSOLVENCY | |
| See, also, “Bankruptcy”: “United States.” | |
| A claim for compensation for wrongs done under Spanish authority, and provided for by treaty (8 Stat 252), passed to the general assignee in insolvency | 437 |
| INTERNAL REVENUE. | |
| See, also, “Forfeiture”; “Informers.” | |
| Officers of internal revenue. | |
| The discretion of the secretary of the treasury in making additional allowances to collectors (Act June 30, 1864, § 25) cannot he judicially revised. | 83 |
| The execution of a collector's bond by the sureties with the date left blank authorizes the principal to fill the blank at his discretion | 88 |
| The payment of money to a deputy collector as a tax on brandy without receiving stamps therefor is not a payment of the tax; and, where the collector converts the money to his own use, the sureties on his bond are not liable therefor. | 290,293 |
| A declaration on an official bond of a tax collector held insufficient where the bond did not identify the officer's district, the date of his commission, the sort of taxes he was to collect or the date of the statute under which it was given | 557 |
| On a joint judgment obtained against all the parties to the bond of a revenue collector, the personal estate of all liable to the execution must be exhausted before the land of any one of them can be reached. (3 Stat. 83.) | 14 |
| Assessments and collections. | |
| The producing capacity of a distillery being the measure of taxation (Act July 20, 1868, § 20), an assessment by an officer is not a condition precedent to the collection of the tax | 87 |
| The assessor may investigate returns made by a distiller, and increase the amount of the assessment in all cases of fraud or omission, and assess the amount of tax for which the party is liable (Act June 30, 1864, §§ 14, 20, amended July 13, 1866); and such authority is in its nature judicial | 337 |
| The assessable capacity of a distillery, as determined by survey (Act July 20, 1868), cannot be raised by the assessor or the government, except by a new survey directed by the commissioner of internal revenue | 785 |
| A person who carries on business without having paid the special tax is not a delinquent of whom mileage may be collected | 309 |
| Under the revenue laws, the government has the right to control and regulate the manufacture of spirits for the purpose of collecting the revenue | 1189 |
| If a distiller's private books show a different state of facts from those kept for the government they also may be treated as government books | 1189 |
| The government has the right to examine all books kept by the distiller or rectifier pertaining to the business,—private, as well as those required by law. The examination should he by order of the court, and in the presence of the party or his counsel | 1189 |
| If a distiller refuse to produce his books, the court may order the vaults containing them to be opened by its officers | 1189 |
| The order need not specify the books, but the officers may take all books found on the premises; the presumption being that they belong to the distilling business | 1189 1372 |
| Special taxes. | |
| The game of “keno” is not a “lottery” within the meaning of the internal revenue laws 374 | 374 |
| A person in possession and control of a billiard table in a place open to the public is liable prima facie to pay the special tax, though the general property and ultimate control of the table or place are in another | 386 |
| To convict of retailing liquor without payment of the special tax defendant must be shown to have held himself out publicly as following the business, as one of his means of livelihood | 990 |
| Selling an occasional drink from a bottle, not in a barroom, with no intention of defrauding the revenues, is not carrying on the business of a retail liquor dealer, within Rev. St. § 3242 | 556 |
| A sale of whisky in small quantities on several occasions may be sufficient to warrant a conviction for selling by retail without a license, though defendant did not keep a shop or store, or did not carry on the business for a livelihood | 130 |
| Dealers in foreign as well as domestic spirits are subject to Act 1868. § 45, and must keep the books and make the entries specified therein so far as they can | 1069 |
| Stand casks in a retail liquor dealer's saloon need not be marked or stamped, though they may hold over five gallons. (Rev. St. § 3289.) | 1299 |
| The bonded warehouse in which a liquor dealer stores his goods is to be regarded as his premises, in the meaning of the act: and, by a sale and transfer of the goods in bond without removal, the premises then become the premises of the vendee, instead of the vendor | 1069 |
| Distilled spirits. | |
| All persons having an interest in the business of distilling or directly aiding in the production of spirits for their use or benefit are distillers, and amenable to the provisions of the internal revenue laws | 385 |
| Act July 20. 1868, § 44. is applicable to any person distilling spirits without paying the special tax, or giving bond, whether he has registered his still, or given notice of intention to engage in the business, or not | 1197 |
| A distiller who failed to arrange his distillery apparatus, as prescribed by section 16, Act July 20, 1868, has no authority to manufacture spirits, and is subject to the penalty prescribed by section 96; and this whether he intended to defraud the revenue or not | 1122 |
| If a rectifier, by any process, manufactures spirits from fruits or Berries, saloon washings containing fermented substances, or from sour beer, he becomes a distiller, subject to the provisions and penalties of Rev. St. §§ 3239, 3260 | 1169 |
| Sale of spirits by the consignee, after the arrival and transfer of the bill of lading, so that the purchaser receives them from the carrier, makes the seller liable, under Rev. St. § 3318, for sending them out of his stock and possession, without entering them on his books | 1254 |
| The giving of transportation bonds for the removal of whisky from a warehouse does not authorize the sale of the spirits without payment of the tax 45 | 45 |
| The person to give the warehouse bond under section 27, Act July 13, 1866, is the person who, under section 24. notifies the government that he is the person engaged in the business of a distiller | 274 |
| It is a good defense to a surety on a distiller's bond that it was signed and delivered on a condition of the nonfulfillment of which plaintiff's agent had notice when he accepted it | 94 |
| It is no defense to the sureties on a distiller's bond that the assessor failed to obtain the consent of the mortgagee of the distillery premises to their use as such, and a stipulation for priority of lien of the United States | 376 |
| In an action on a distiller's bond under Act July 20, 1868, a plea that the still exploded, whereupon the assessor locked up and took control of the property, is a good defense as to the time the still was disabled | 1254 |
| The liability of the sureties is not released by the fact that the collector permitted the distiller to remove from the bonded warehouse a quantity of spirits, sufficient to pay all the taxes due, without first requiring payment thereof | 376 |
| In an action upon a distiller's bond, an erroneous assessment, which does not include the amount actually due as prescribed by the statute, is not conclusive against the government | 87 |
| Defense to action on distiller's bond of seizure of property by the collector, and surrender to state court receiver | 10 |
| Stamp taxes on specific objects. | |
| “Selling” and “exposing for sale,” as used in the statutes relating to stamp duties (Act June 30, 1864, §§ 167, 169: Act July 13, 1866), are treated as different things | 378 |
| Act June 30, 1864. § 169, as re-enacted by Act July 13, 1866, refers to section 167, and keeps it operative so far as selling is concerned | 378 |
| An instrument reading “due the bearer or [naming a payee] $7 in merchandise out of our store,” and signed in behalf of an employer, by his bookkeeper, is a contract requiring a 5-cent stamp | 893 |
| A merchant, in making his statement of income, may deduct, from his gross profits, bad debts made during the year, or such as appear bad at the end of the year. (Act June 30, 1864) | 1225 |
| Income taxes. | |
| The repeal of the legacy tax did not affect the right of the United States to a tax which had accrued by the happening of the contingency upon which the legacy passed prior to the date of the repealing act, although the legatee did not become entitled to the possession or enjoyment of the legacy until after that date | 258 |
| The recovery of an assessment and the penalty for a failure to make return of income held no bar to an action to recover the tax on income, under Act March 2, 1867, § 13 | 251 |
| Violations of law and punishment—Forfeiture proceedings. | |
| The jurisdiction of the district court of condemnation proceedings against a distillery is not defeated by the subsequent bankruptcy of the owners of the distillery | 1123 |
| A claim for delivery, on bond, of goods seized for forfeiture, is one for a favor, and terms may be imposed | 996 |
| Property seized for forfeiture may be delivered to the claimant on his giving stipulations for its appraised value, less the amount of tax due on it, and paying the latter amount into court | 996 |
| Where property is seized for taxes due from a distiller, its subsequent release on bond does not divest jurisdiction to go on with the condemnation proceedings | 1123 1373 |
| Property so released may be sold by the owner, bona fide, so as to give a good title to the purchaser; but, except where it will interfere with subsequently acquired rights of third persons, the court may re-seize the property, and order it sold | 1123 |
| A sale so made passes to the purchaser all the interest of the United States, and they are estopped to set up against him any lien known when the sale was ordered. | 1123 |
| Money paid into the district court, on the sale, in condemnation proceedings, of a distillery, cannot, while the proceedings are pending, be withdrawn, or their distribution directed, by the circuit court, on an original bill | 1123 |
| Money paid into the district court, on the sale, in condemnation proceedings, of a distillery, cannot, while the proceedings are pending, be withdrawn, or their distribution directed, by the circuit court, on an original bill | 1123 |
| —Penalties: Actions therefor. | |
| Wholesale liquor dealers who received 15 barrels of spirits and entered only 6 on their books, intending to retail the remaining 9, are liable for the penalty of $100, under Rev. St. § 3318 | 1147 |
| Defendant is liable where he fraudulently concerted with the distiller and others to market the spirits without payment of the tax | 45 |
| Under Act July 13, 1866, § 9, an intent to evade the payment of the tax must be shown | 45 |
| —Offenses. | |
| A laborer employed in a distillery is not carrying on the business of a distiller, so as to be criminally liable for failure to pay the tax. | 990 |
| The owner of a distillery who rents the same to another knowing that the latter intends to use it for distilling whisky, in violation of law, is guilty of aiding and abetting such unlawful manufacture | 130 |
| A brewer who neglects to enter in a book the materials purchased for producing fermented liquors is liable to the fine of $500, regardless of whether he intended to commit a fraud. (Act July 13, 1866.) | 1257 |
| The offense of affixing simulated customs stamps to boxes of cigars (Rev. St. § 3397) may be committed by affixing to a box of domestic cigars a likeness of a customs stamp | 570 |
| —Indictment. | |
| Debt will not lie on Act June 30, 1864, § 73. The prosecution must be by indictment. | 1316 |
| Tobacco manufacturers may be indicted for violating the internal revenue laws. The government is not confined to proceedings in rem | 1090 |
| In an indictment under Act July 13, 1866, § 42, for executing a fraudulent bond, it is not necessary to set out the particulars | 274 |
| An allegation that defendant carried on the business of keeping a billiard table in a particular building is a sufficient allegation that he kept a billiard room, and was the proprietor thereof | 386 |
| An indictment charging that defendant carried on continuously between certain dates the business of a retail liquor dealer, at a certain place, need not state by what means or circumstances he became such dealer | 386 |
| As all persons dealing in tobacco are not liable to the special tax, an indictment must show that defendant was such a dealer as is required to pay the tax | 386 |
| In an indictment founded on Rev. St § 3397, for removing cigars not packed in hoses, it is unnecessary to aver an intent to defraud the United States | 570 |
| An indictment under Rev. St. § 3397. charging that defendant “did buy, receive and have in his possession” cigars on which the tax was not paid, warrants a conviction on proof of possession alone. | 1253 |
| The last clause of Act July 20, 1868, § 78, contains no exception which must be negatived in an indictment founded on that clause | 465 |
| Offenses under Rev. St. § 3397, which arise out of the same transaction, though some of them are designated as felonies and some not, may be charged in different, counts of the same indictment, under Rev. St. § 1024. | 570 |
| Two persons composing a partnership, who make and sign, in their partnership names, a false return to the assessor, may be jointly indicted. | 1090 |
| An internal revenue officer, named as such in the indictment, cannot be jointly indicted with a private person for conspiracy to defraud the revenue | 1085 |
| An indictment for violating Act July 13, 1866, § 53, prohibiting more than one spigot hole in any package of fermented liquors, held not sustainable | 1100 |
| —Evidence. | |
| On a trial for the fraudulent removal of distilled spirits from the distiller's bonded warehouse (Act July 13, 1866, § 45), it need not be shown that the warehouse was duly designated or authorized | 166 |
| One may be convicted of keeping a tobacco press without a legal bond, on the sole testimony of the government officer that defendant told him he had used an extra press, which he had just removed. | 1181 |
| On an indictment for issuing instruments without stamping them, proof of issuing an instrument unstamped, which by law should have been stamped, is sufficient, in, the first instance, to warrant a conviction | 893 |
| The finding of unstamped spirits on premises containing a still is, when unexplained, sufficient to justify the jury in finding that such spirits were distilled there since the last inspection by the gauger | 1197 |
| —Verdict: Judgment | |
| A verdict of guilty of having in possession distilled spirits, with intent to sell them, and evade payment of the tax (Act June 30, 1864, § 48), is not bad merely because the number of gallons of such spirits is not found. 1208 | 1197 |
| Conviction, under Rev. St. § 5440. for conspiring to defraud the United States by the unlawful removal of distilled spirits, without paying taxes, bars a subsequent civil suit to recover the penalty of double the amount of such taxes. | 1116 |
| Conviction, under Rev. St. § 5440. for conspiring to defraud the United States by the unlawful removal of distilled spirits, without paying taxes, bars a subsequent civil suit to recover the penalty of double the amount of such taxes. | 1116 |
| —Punishment. | |
| Quære, whether one charged in different counts, under Rev. St. § 3169, with knowledge of separate frauds upon the revenue, may be punished by cumulative sentences. | 1138 |
| INTERNATIONAL LAW. | |
| See, also, “Neutrality Laws.” | |
| As respects its own government, a nation becomes independent from the declaration thereof, but, as regards other nations, only when recognized by them | 440 |
| A right of seizure on the high seas may exist independently of any right of search | 832 |
| A vessel engaged in any trade contrary to the law of nations may be confiscated in the courts of any country | 832 |
| A French vessel seized by an American cruiser while engaged in the slave trade condemned, but ordered to be delivered to the French consular agent for the French government | 832 1374 |
| It is a breach of diplomatic privilege for an officer to enter the dwelling house of a secretary of legation, and seize there a runaway slave | 596 |
| INTOXICATING LIQUORS. | |
| The corporation of Georgetown had no power, in 1803, to grant retailing licenses. 679 | 679 |
| The gratuitous distribution of ardent spirits at a public gaming table does not constitute the keeper a retailer, in the meaning of the law | 1242 |
| JUDGE. | |
| When the district and circuit judges and the circuit justice are all absent from the district and circuit, another justice of the supreme court may hear an application for an injunction, notwithstanding the provisions of Rev. St. § 719 | 1002 |
| JUDGMENT. | |
| See, also, “Criminal Law.” | |
| A judgment entered by mistake of the clerk may be set aside at the nest term, and the execution quashed. | 1123 |
| In order to constitute liens on real estate, judgments of the federal courts in Virginia need not he recorded | 430 |
| Levy and condemnation under an execution keep a judgment alive, and preserve the lien, without a scire facias | 1231 |
| JURY. | |
| See, also. “Grand Jury.” | |
| An alien is not entitled to a jury de medietate linguae in Washington county, D. C. | 1131 |
| Under Rev. St. § 804, persons may be accepted as “bystanders” after exhaustion of the panel, though not present when summoned by tie marshal, where they appear at the time they are returned as present, and their names are placed on the panel, and their ballots in the wheel. | 998 |
| An objection that persons summoned as “bystanders” were not then present in court should be taken as ground of challenge to the array, before the polls are drawn | 998 |
| Under Act July 20, 1840, the federal courts may, in case of deficiency of jurors, order a second venire | 1205 |
| The provision of the judiciary act adopting state laws applies only to the mode of selection and to qualifications, and not to the number of jurors to be summoned, which is to be determined under the common law, by a consideration of all the circumstances. | 499 |
| Where the local law requires jury ballots to contain the names, additions, etc., of jurors, a ballot of panel giving only an initial letter of the Christian name is good ground of challenge | 499 |
| The middle letter of a name is not regarded in New York as an essential part of the name; and a mistake therein is no ground of objection to a juror, where his residence and occupation are correctly given, and there is no claim that the prisoner has been misled. | 1204 |
| The deputy marshal and deputy clerk are competent officers to superintend the drawing of jurors, and certify the names drawn to the clerk and marshal 1205 | 1205 |
| The disqualification of grand and petit jurors prescribed by Rev. St. § 820, is absolute, and not discretionary. | 99 |
| The court will not ask a juror, before he is sworn, whether he has formed and expressed an opinion, but will leave the party to challenge for favor | 624 |
| Conscientious scruples against finding a verdict, which would lead to capital punishment, are a good cause for challenge in a capital case. | 303 |
| On a trial for murder, a person conscientiously opposed to capital punishment was set aside, the jurors having found him “not indifferent.” | 1131 |
| A challenge for cause is properly overruled where the juror has formed no fixed opinion respecting guilt, though he has read, in a newspaper, matter concerning the case. 1097 | 1131 |
| A person who has come to a conclusion as to the offense charged from reading newspaper accounts, though he has not expressed an opinion, either as to the offense or that defendant was engaged therein, is incompetent | 105 |
| One who has formed an opinion as to the crime, which may be removed by instructions of the court, is competent | 105 |
| One who, without forming or expressing any opinion as to the matter to be tried, had “formed an opinion that the laws had been outraged,” is competent. | 105 |
| A person who had expressed an unfavorable opinion against persons who had engaged in the transaction, but had not formed or expressed any opinion as to the guilt or innocence of the prisoner, held competent | 105 |
| Where there was a doubt as to the competency of a juror, he having made up his mind on the law, the court recommended his withdrawal | 105 |
| Though neither party has a right of challenge after a juror is sworn, the court, to protect the administration of justice, may, at any stage of the case, investigate an objection to tie impartiality of the jury, and may withdraw the case if a juror is found unfit | 1323 |
| One charged with casting away a vessel on the high seas, with intent to prejudice the underwriters, has a right to challenge 35 jurors | 616 |
| On an indictment for murder, 20 peremptory challenges are allowed | 303 |
| In manslaughter, a peremptory challenge is allowed by the Virginia law | 1126 |
| One tried for horse stealing in Washington county, D. C, is not entitled to peremptory challenges | 815 |
| Peremptory challenges are not allowed in cases of larceny, in the District of Columbia | 1137 |
| Form of oath to be administered to talesmen on the principal panel when challenged for favor | 207 |
| The decision on a challenge for favor is not reviewable | 1097 |
| In cases of acquittal the verdict of the jury is final, though they disregard the instruction of the court on questions of law | 18 |
| JUSTICES OP THE PEACE. | |
| A justice of the peace has no jurisdiction of the offense of selling intoxicating liquors, under Act 1861, except as an examining magistrate | 1172 |
| KIDNAPING. | |
| Act March 2, 1831, § 17. does not apply to negroes kidnaped out of the District of Columbia, and brought within it | 267 |
| In an indictment under such section, it is not necessary to aver that defendant was a “free person” | 267 1375 |
| LANDLORD AND TENANT. | |
| A letting for five years by an informal paper, merely reciting a verbal lease, is not valid in Ohio as a lease for three years, “but is wholly void | 490 |
| LARCENY. | |
| See, also, “Receiving Stolen Goods.” | |
| A person who steals goods in one jurisdiction, and brings them into another, is guilty of larceny in the latter place. 227, | 1196 |
| An indictment for larceny on the high seas for taking the ship's provisions, and selling them to steerage passengers, held sustainable, under Act April 30, 1790, § 16 | 343, 343 |
| An indictment for stealing “sundry pieces of silver coin of the value of twenty-five dollars” is too vague | 343 |
| In an indictment, under the penitentiary act for the District of Columbia, for stealing a bank note, it is unnecessary to aver that it is a note “for the payment” of money or other valuable thing. | 1073 |
| The phrase “personal goods of another,” in Act April 30, 1790, § 16, embraces the personal goods of the United States | 1220 |
| A dead man cannot be, the owner of goods, and it is therefore insufficient to allege them to be the goods of one A. B., deceased. | 1196 |
| Two persons jointly concerned in the same theft may be separately indicted, but after conviction of one, on the trial of the other, it must be shown that the theft was joint. | 343 |
| Where defendant, indicted for larceny for taking ship's provisions and selling them to steerage passengers, acted in the capacity of cook and steward for the vessel, it is a question for the jury whether the taking originally was felonious | 343 |
| Possession of stolen property, and failure to show how it was acquired, or inconsistent accounts of its acquisition, create a presumption of guilt | 694 |
| On a prosecution for stealing bank notes (Act March 2, 1831, § 9), it is unnecessary to produce the notes at the trial; and if they have been recovered by the owner, and passed away, their contents and purport may be proved by parol | 990 |
| LIBEL AND SLANDER. | |
| A justification relied upon in defense of a seditious libel must be as broad as the charge | 218 |
| LIMITATION OF ACTIONS. | |
| Neither the general statute of limitations nor that of Massachusetts as to executors and administrators binds the United States in a suit in the circuit court, and neither can be pleaded in bar of such suit | 329 |
| MANDAMUS. | |
| The propriety of issuing the writ is determined, not by the office of the person to whom it is directed, but by the nature of the thing to be done. | 702 |
| Neither the general statute of limitations nor that of Massachusetts as to executors and administrators binds the United States in a suit in the circuit court, and neither can be pleaded in bar of such suit | 702 |
| Mandamus will lie to compel a county court to levy a tax to pay county bonds. | 597 |
| Mandamus is the proper process to compel a board of county supervisors to levy a tax, and pay a judgment obtained against the county in a federal court | 911 |
| If the respondents make no return to the writ or refuse to obey it, the court will issue an attachment | 911 |
| If the respondents make no return to the writ or refuse to obey it, the court will issue an attachment | 911 |
| A mandamus should not be issued to the secretary of the treasury commanding him to pay to a judge of the territory his salary for the unexpired term of the office from which he had been removed by the president and another person appointed thereto | 53 |
| A mandamus will not lie to compel the commissioner of the general land office to issue a patent for more land than he had adjudged petitioner entitled to. | 454 |
| Under Rev. St § 716. a federal court may issue mandamus to compel the collector of a port to allow a merchant sued for duties, an inspection of customhouse books and papers | 454 |
| The circuit court of the District of Columbia has authority to issue mandamus requiring an officer of the United States to perform a ministerial duty involving a clear right of an individual, who is without other specific legal remedy | 702 |
| On proper affidavit, a rule will be grant; ed to show cause why a mandamus nisi should not issue | 702 |
| It is a sufficient return to certify that the thing commanded has been done, although not by defendant personally | 755 |
| The respondent cannot be permitted to appear without returning the writ | 702 |
| The court cannot judicially notice a letter to one of the judges, by one on whom a rule to show cause why the writ should not issue has been laid, stating reasons for not appearing, and inclosing an opinion of the attorney general that the court has no jurisdiction | 702 |
| To a writ of mandamus from a federal court, it is not a sufficient answer that the respondents had been enjoined by a state court from doing the act commanded. | 911 |
| When the mandamus is to credit a certain sum of money, it is a sufficient obedience to credit that sum without interest. | 755 |
| MARINE INSURANCE. | |
| The intention to injure underwriters is an essential ingredient of the crime of conspiring to cast away, burn, or destroy a vessel (Act March 3, 1825. § 23), and must be averred in the indictment | 102 |
| The master of a vessel is indictable for willfully destroying her with intent to defraud the underwriters, though the owner be on board, and authorize or command her destruction 567 | 567 |
| The underwriters meant in such act are those upon the vessel, and not those upon the cargo | 616 |
| In such case, evidence of the value of the property insured is admissible to show the inducement for destroying or preserving it | 616 |
| “Destroy,” as used in the act means to unfit the vessel for service beyond hope of recovery by ordinary means. | 616 |
| “Destroy,” as used in the act means to unfit the vessel for service beyond hope of recovery by ordinary means. | 616 |
| The indictment must aver an intent to prejudice the underwriters, but an allegation of an intent of the owner to gain corrupt advantage to himself is surplus age. | 616 |
| The prosecutor must show that the insurance was valid; and, if made by a corporation, the act of incorporation must be shown. | 616 |
| That a ship is insured by a valued policy, beyond what the jury believe her true value, is no evidence that her owner insured her and sent her out with intent to have her cast away, to obtain the insurance money | 616 |
| MARITIME LIENS. | |
| The United States has no lien for the penalty for violation of Act July 7, 1838, providing for the security of lives of passengers on steam vessels, whereby it may overreach liens of material men under the Missouri statute. | 873 1376 |
| MARRIAGE. | |
| Requisites of an indictment against a minister for solemnizing a marriage between persons under age without the consent of their parents or guardians, contrary to Act Md. 1777, c. 12, § 9 | 1060 |
| The addition of “clerk” to the name of defendant is not a sufficient averment that he was a minister authorized to solemnize marriage rite. | 1060 |
| MARSHAL. | |
| A marshal has power to appoint a special bailiff to execute a particular process, where the state sheriffs have like power. | 571 |
| A deputy commission and proof that he was performing the duties of his office raise a presumption that he had taken all prerequisite oaths | 406 |
| Such presumption is not negatived by proof that the “iron-clad oath” (Act 1862) has not been deposited with the clerk of the district court, as it may lawfully be deposited elsewhere | 406 |
| A deputy marshal, after taking a debtor on capias ad respondendum, has no authority to receive payment thereof, and discharge the debtor; and his act is not binding on the marshal. But the act is a misfeasance in office, for which the marshal is responsible | 1301 |
| An attachment against witnesses for disobedience to a subpoena must be served by the marshal, though the witnesses reside in a distant county | 1296 |
| The marshal is entitled to charge, as part of the expense of serving a writ in a criminal case, a per diem paid his deputy, not to exceed two dollars a day. (Rev. St. § 829, par. 18.) | 164 |
| A marshal is liable on his official bond for failure of his deputy to serve original process; but the measure of his liability is the actual damage plaintiff receives by such negligence | 1301 |
| If the loss of the debt be the direct legal consequence of failure to serve the process, the amount of the debt is the measure of damages; but the mere failure to serve the process does not imply the loss of the debt by the officer's negligence. | 1301 |
| MINES. | |
| Congress has power to authorize the president to lease lead mines; and where within the Indiana territory (Act March 3, 1807, § 5). such mines may be leased after the territory is divided and organized into states. | 12 |
| A lease for smelting ore is within the law. | 12 |
| MINISTER. | |
| The willful injury to the dwelling of a foreign minister is an attack on the minister and his sovereign, and punishable as such | 103 |
| The law is the same in the case of an assault on a minister as on a citizen; and, if the minister make the first assault, the defendant will be excused. | 936 |
| Upon an indictment for assaulting a member of legation, the certificate of the secretary of state, dated subsequently to the assault, is the best evidence to the diplomatic character of the per assaulted. | 936 |
| Parol evidence is admissible to parol the period when a person was considered by the United States government as a minister. | 936 |
| MONEY. | |
| Bridge, railroad, and passenger railway companies may issue tickets good for one trip, without violating Act July 17, 1862, prohibiting the issuance by private persons or corporations of obligations intended to circulate as money, etc | 1292 |
| MUNICIPAL CORPORATIONS. | |
| Municipal ordinances in collision with an act of congress are null and void | 193 |
| Indictment will not lie for forestalling the Georgetown market contrary to the by-law | 761 |
| Navigable Waters. | |
| See “Bridges”; “Canals.” | |
| Navy. | |
| See “Army and Navy.” | |
| NEUTRALITY LAWS. | |
| A vessel sent by her owners to a neutral port to find a market for her, without previous understanding with a belligerent, may be sold there to such belligerent, without violating the neutrality laws | 1241 |
| Mere carrying on of negotiations by the owners of a ship in this country with foreign agents, with knowledge that, if a sale were effected, the vessel would be employed against a nation with whom the United States are at peace held not a breach of the law, the negotiations having failed. | 1241 |
| The conversion of a merchant ship into a vessel of war, with intent to commit hostilities against a friendly nation, is an original fitting out of a vessel with such intent, (1 Stat. 383.) | 53 |
| The conversion of a merchant ship into a vessel of war, with intent to commit hostilities against a friendly nation, is an original fitting out of a vessel with such intent, (1 Stat. 383.) | 53 |
| Raising or lowering gun carriages on a vessel of war, or replacing rotten with sound timbers, is an offense, within Act June 5, 1794, § 4. | 10 |
| The conversion of a merchant ship into a vessel of war, with intent to commit hostilities against a friendly nation, is an original fitting out of a vessel with such intent, (1 Stat. 383.) | 53 |
| Raising or lowering gun carriages on a vessel of war, or replacing rotten with sound timbers, is an offense, within Act June 5, 1794, § 4. | 10 |
| Sufficiency of evidence to justify finding that defendant was actually concerned in the fitting out of a vessel with intent to commit hostilities against a friendly nation | 53 |
| The offense of beginning or setting on foot, or providing or preparing the means for, a military expedition against a friendly state, under Act April 20, 1818, § 6. is not complete without some overt or definite act | 1013 |
| To provide the means for such an expedition implies that such means shall be actually furnished and brought together for the criminal purpose | 1013 |
| Mere words spoken or written, though indicative of the most determined purpose to do the forbidden act will not constitute an offense under that section. | 1013 |
| If the means provided were to be used only on the occurrence of a future contingent event, or if they were to be used at a time and under circumstances when their use would not violate the law there is no offense | 1013 1377 |
| In a prosecution under said section written and printed evidence, though containing to proof of an overt act, is admissible are must professions and declarations, subject to that the parts favorable to defend are must be considered, as well as those guilt | 1013 |
| It is not a crime under the statutes to leave this country with intent to enlist in foreign military service | 682 |
| It is not a crime to transport persons out of this country with their consent, who intend to enlist in foreign military service. | 682 |
| To constitute a crime under the statute, such persons must be hired or retained to go abroad with intent to be so enlisted. | 682 |
| It is an offense under Act April 20, 1818, to engage a person to go beyond the limits of the United States to enlist in the service of a foreign country, where there is an intention that a consideration should be paid therefor | 293 |
| NEW TRIAL. | |
| See, also, “Constitutional Law.” | |
| Alleged error, without prejudice, is no ground for new trial | 406 |
| The federal circuit courts may grant new trials in criminal cases, on defendant's application, after conviction by the jury. | 686, 1132 |
| In a suit to recover a pecuniary penalty, the court has power to grant a new trial, although the verdict was for defendant. | 65 |
| A new trial will not be granted where substantial justice has been done, although some errors were committed. | 1179, 3183 |
| A correct verdict should never be set aside because of supposed or actual errors in the process by which it was reached. | 1179 |
| The mere fact that jurors purchased copies of newspapers containing editorial comments on the trial, which they had been forbidden by the court to read, held no ground for a new trial, where there was no proof that they read them | 1101 |
| On a question whether a juror had before the trial, and country to his sworn statement on his void dire, expressed an opinion of the prisoner's guilt, the court may receive affidavits, and also require the principal witnesses to be orally examined before it. | 1101 |
| It is no ground of new trial that the jury, after retirement were furnished with several city directories, where it appears that they were recalled, and directed by the court to wholly disregard any information derived therefrom. | 373 |
| A new trial for failure of the evidence to sustain a particular allegation should not be granted unless it appears that the objection was made at the trial in a manner to attract attention. | 610 |
| After a sentence of an imprisonment has been in part executed, a new trial will not be granted, though moved for at the same term. | 217 |
| Where the court has entirely changed pending motion for a new trial in a capital case, and there is no record of the evidence or charge to the jury, sentence will not be passed upon the verdict. | 131 |
| NUISANCE. | |
| A public gaming house is a public nuisance at common law | 554 |
| Beating to death a cow in or near a public street is indictable at common law as a public nuisance. | 555 |
| OBSTRUCTING JUSTICE. | |
| Act April 30, 1790, § 22, for the punishment of persons obstructing the execution of process, includes every species of process, legal and judicial, whether issued by the court in session, or by a judge or magistrate acting in his official capacity out of court. | 1011 |
| Obstructing process (in the case of habere facias) consists in refusing to give up possession, or in opposing or obstructing the execution of the writ by threats of violence, which it is in the power of the person to enforce | 1008 |
| A mere threat of resistance is not an offense. It must be accompanied by the exercise of force, or the capacity to employ it whereby the officer is prevented from executing the writ; but it is not necessary that the officer should risk his person or proceed to personal conflict | 1008 |
| The offense of resisting an officer in executing a warrant of arrest is complete when the person arrested refuses to come, and says he will not come, though no assault be committed. | 1011 |
| Under Rev. St. § 5398, it is an offense to resist an officer in the execution of process, as well as in serving process. Holding attached property after seizure is executing process, and one resisting or obstructing the officer therein commits the offense. | 1074 |
| Resistance to a special custodian of attached property, employed by the marshal, though not appointed a sworn deputy, is resistance to the marshal | 1074 |
| If an officer holding a writ of attachment, in good faith, and on reasonable grounds, seize the property of the wrong person, resistance by the latter is unlawful; contra if the officer act in bad faith | 1074 |
| In an indictment for resisting an officer serving an execution, it is unnecessary to set out the process in hæc verba, or to aver that it is in full force, when that fact appears from the description of it | 406 |
| An averment that defendant “did knowingly, willfully, and unlawfully obstruct resist, and oppose” an officer, sufficiently states the manner and method of resistance | 406 |
| OFFICE AND OFFICER. | |
| See, also, “Army and Navy” Customs Duties “District Attorneys” “Extortion” “Guardian and Ward” “Internal Revenue” “Marshal” “Sheriffs and Constables.” | |
| Under article 2 of the constitution, all offices under the federal government must be established by law, except where the constitution itself otherwise provides | 1211 |
| Appointments to office can be made by heads of departments only in those cases which congress has authorized by law, and consequently, the appointment of an agent of fortifications, by the secretary of war, is irregular | 1211 |
| An agent of fortifications is an officer whose office is established by law. (Act April 24, 1816, § 9; Act March 2, 1821, § 13.) | 1211 |
| Executive federal officers are personally liable at law in the ordinary forms of action for illegal official, ministerial acts, or omissions, to the injury of an individual. | 702 |
| A receiver of public moneys is entitled to 1 per cent on moneys received until the allowance amounts to $2,500, though the same accrue within the first six months of the year | 1048 |
| The commission should be paid quarterly as it arises, and payment cannot be refused by the treasury department because the whole amount accrues in the first two quarters. | 1048 1378 |
| No officer whose salary or emoluments are fixed by law and regulation is entitled to extra compensation for disbursements or other services. | 587 |
| The fact that an officer is irregularly appointed does not absolve him from the legal obligation to account for public money placed in his hands, in consequence of such appointment. | 1211 |
| An officer paying money of the United States to the Confederate States under compulsion, is not liable therefor, especially as the Confederate government was recognized as a belligerent by the United States. | 412 |
| An order issued by the secretary of the navy to an officer of the navy to apply a sum of money to expenses resulting from injuries incurred while on special duty cannot be controlled by the accounting officers of the treasury. | 648 |
| A public officer who receives money in advance for the contingencies of his office is a receiver of public money within the meaning of Act March 3. 1797. | 908 |
| An officer who has realized money on an execution in favor of the United States may retain it by way of set-off, for fees of his office due him from the United States. | 1151 |
| A receiver of public moneys is not entitled to offset rejected accounts for unauthorized clerk hire, fuel, lights, or for transmitted money. Office rent may be allowed under extraordinary circumstances. | 1008 |
| If a public disbursing officer has lost his vouchers without fault, and has produced the best secondary evidence in his power, it is for the jury to find whether he has faithfully disbursed the moneys. | 873 |
| A transcript from the treasury books charging the balance of a former settlement is not per se evidence warranting a verdict for such balance. | 873 |
| After a credit has been given by the United States, and the account settled, they cannot open the account and revoke the credit, unless originally given by fraud, imposition, or mistake. | 815 |
| If the United States, suing on an account, introduce evidence of defendant's account current showing a balance in his favor, he plaintiff show errors or omissions turning the balance the other way. | 815 |
| From the fact that defendaut objected to certain items of debit, and was silent as to others, the jury ought to infer that he acquiesced in the latter, unless defendant show that he did not so intend. | 815 |
| An account duly authenticated from the treasury department is not per se evidence of a balance due on a former account, or of items transferred from the account of another person, or of items recharged. | 815 |
| Bonds. | |
| Where an officer is required by his superior to give a bond with provisions and conditions not required by statute, the bond is void in too. | 428 |
| The bond of an agent irregularly appointment, but whose office is established by law, though void as a statutory obligation, is valid as a contract to perform the duties appertaining to such office. | 1211 |
| Act May 15, 1820, providing for the better organization of the treasury department substituted, by implication, the new official bond called for by the act, for the former bond, and discharged the sureties on the latter, as to subsequent transactions. | 1211 |
| The parties to an official bond for the sage-keeping or accounting for public money are not liable for a loss caused by the act of God or the public enemy. | 428 |
| The surety on a paymaster's bond is liable for the penalty named therein, and for interest thereon from the commencement of the suit to the entry of judgment. | 1234 |
| Sureties are not answerable for interest beyond the penalty of the bond, except such as accrued after notice of default of the principal. | 322 |
| Sureties on the bond of a receiver of public moneys are only bound for the paying of all moneys received after execution of the bond, and not for any previous shortage or defalcation. | 973 |
| A bond by a battalion quartermaster, conditioned “to expend faithfully all public moneys, and to account for all public property,” requires an accounting, not with the quartermaster general, but the treasury department; and the obligation extends to moneys as well as property, and to expenditures made by the obligor while acting as a deputy of the quartermaster general. | 917 |
| As against the sureties on the bond of a receiver of public moneys, the government has no right to apply payments made after execution of the bond to the discharge of a shortage existing prior thereto. | 973 |
| The sureties on a collector's bond are discharged where, without their knowledge, the proper officers of the treasury took bonds and mortgages on time to secure the payment of a balance due from him. | 318 |
| An assignment by a collector in trust to pay any judgment recovered on his official bond enables the United States, on recovering such judgment, to sue the trustees for an accounting. | 405 |
| But where the first act of the United States in affirmance of the trust is the filing of their bill for an account, the trustees are not liable for property previously disposed of with the consent of the assignor and sureties. | 405 |
| PARDON. | |
| See, also, “Amnesty.” | |
| Where a prisoner was sentenced to both fine and imprisonment, and the president, by a pardon, remitted the fine only, held, that he had no authority to thereupon order the prisoner's discharge. | 1011 |
| An unconditional pardon of one convicted of conspiracy removal the United States by the unlawful removal of destined spirits, without paying the taxes, bars a sunsequent civil suit to recover the penalty of double the amount of such tax. | 1116 |
| A pardon by the president, after condemnation, as to all the interest of the United States in the penalty incurred by a violation of the embargo laws, and directing discontinuance of all further proceedings on behalf of the United States, does not remit the interest of the customhouse officers in a moiety. | 859 |
| Quære, whether the president can pardon in such a case, so as to affect the interests of third parties. | 859 |
| PATENTS. | |
| Suits for the penalty for affixing the word “Patented” to unpatented articles must be brought in the name of the informer, and not in the name of the United States. (Act Aug. 29, 1842, § 5.) | 1321 |
| To justify a judgment for the penalty, the declaration must allege, and the proofs show, that the article so marked was legally the subject of a patent. | 1321 |
| The penalty does not attach fur placing the word “Patent” on an article merely frivolous in itself, and which imports no novelty, or the exercise of any inventive talent, so that no one could be deceived. | 1321 1379 |
| PAYMENT. | |
| Where a higher security is given by the debtor, the law presumes, prima facie, that it is intended as an extinguishment of the debt; otherwise where the security is the bond of a third person. | 1024 |
| If a debtor of the government fail to make an application of payments, the government may do so. If both fail, the law will make the application, but it cannot do so to the prejudice of the rights of the debtor's sureties. | 973 |
| PENALTIES. | |
| See, also, “Customs Duties”: “Forfeiture”; “Internal Revenue”; “Qui Tarn and Penal Actions”; “Shipping.” | |
| PENSION. | |
| The restrictions in Act July 4, 1864, §§ 12, 13, in relation to the fees of agents employed to collect pensions, and imposing a penalty for violation thereof, are not unconstitutional. | 1162 |
| Specification of elements necessary to be proved to convict one of withholding pension money. (Rev. St. § 5485.) | 384 |
| The mere fact that a banker or other person agrees to collect a pension check does not make him an agent for the prosecution of a pension claim, within the meaning of said section. | 384 |
| One collecting an excessive fee for services in procuring a pension under Act July 4, 1862, is not subject to the penalty prescribed by Act July 4, 1864, § 13. | 1162 |
| PERJURY. | |
| False swearing is committed by knowingly swearing falsely to any material fact, and not merely by rash or reckless swearing. | 1304 |
| One falsely swearing that he was well acquainted with an applicant for naturalization before a state court is indictable for perjury, under Rev. St. § 5392 | 638 |
| An indictment for perjury cannot be sustained under Act July 29, 1813, §§ 7, 9, granting bounties to vessels engaged in the fisheries, where the owner signs the certificate, and the agent swears to it. | 758 |
| An affidavit to the existence of a fact does not import that the affiant has personal knowledge thereof, unless it is so stated, or the fact be of such a character that he must have personal knowledge. | 1304 |
| Defective averments of the materiality of the matter alleged to be falsely sworn to do not vitiate the indictment, if such materiality sufficiently appear on its face. | 1097 |
| The falsity of the oath, taken under the revenue laws, on which perjury is assigned, may be shown by the books and papers of the defendant. | 1225 |
| On an indictment for perjury, an affidavit of the defendant directly contradicting the one on which the perjury is assigned, is not sufficient evidence of the falsity of the latter. | 1225 |
| Alleged errors in instructions on a trial for perjury considered. | 1097 |
| PIRACY. | |
| The provisions of the law relating to piracy were not repealed by Act June 26, 1812 (2 Stat. 759) | 653 |
| The meaning of “robbery,” as used in relation to acts declared piratical, is to be ascertained by reference to the common law. | 653 |
| In the act relating to piracy, the words “which if committed in the body of a county” do not relate to “murder” and “robbery,” but to the words “or any other offense.” | 653 |
| The rule that robbery on the high seas is piracy has no exception or qualification in favor of commissioned privateers. | 653 |
| To constitute the offense of running away with a vessel, it must appear that the command was taken from the master, and that the act was done feloniously, and with intent to convert the vessel and cargo or either of them to the use of the persons concerned in the act. | 207 |
| A commission from a government whose independence has not been recognized may be given as evidence, merely as a paper found on board, but not to justify acts done under it. | 440 |
| The captain of a privateersman may be guilty of robbery, while the seamen who execute his orders are innocent. | 659 |
| Where seamen on a privateer were tried for piracy committed in conjunction with their officers, held, that proof of acts of robbery generally by officers and crew was insufficient, and that defendant must be shown to have participated feloniously in the taking. | 659 |
| If the seamen participated in taking property from a Spanish ship, it must be shown that they knew or might have known that robbery, and not capture as prize, was contemplated. | 659 |
| Sections 10 and 11, Act April 30, 1790, as to accessories, refer to the piracy mentioned in section 8, which includes only crimes committed by American citizens, or on board American vessels. | 390 |
| A confederacy by American citizens on land or on board an American vessel, with pirates, under the laws of nations, or the yielding up of a vessel by a citizen to such pirates, is punishable, under section 8, Act April 30, 1790. | 390 |
| So, also, is an endeavor by a mariner to corrupt the master of the vessel and induce him to go over to such pirates. | 390 |
| The language of section 12 implies contract and association with the pirates as well in relation to the past as to the future. | 390 |
| Other evidence of ownership of the ship and cargo may be admitted, besides the register and bills of sale, and the invoice, bills, of lading, etc. | 653 |
| PLEADING AT LAW. | |
| When the record set forth in the declaration is not the foundation of the action, but only matter of conveyance or inducement, nul tiel record is not a good plea, for it does not answer the whole count. | 977 |
| When the record is shown forth in the declaration, defendant may deny the operation thereof. | 977 |
| A plea negativing a breach assigned in its very words is good on a general demurrer. | 94 |
| A departure takes place when a second plea contains matter not pursuant to the former, and does not fortify the same, except that, if matter be pleaded which could not have been shown in the former plea, such new matter will probably not always be a departure. | 1336 |
| A replication to a plea of payment in an action on a bond for the payment of only, that the sum paid was not accepted in satisfaction, was not paid on the day appointed, and the damages and interest due for nonpayment were not paid, held bad for duplicity. | 58 1380 |
| POSSESSION, WRIT OF. | |
| If adverse possession be held, the officer is first to turn out the occupant, and take possession in the name of the law, and afterwards deliver it to the plaintiff. It is not necessary that the vacant possession be immediately delivered. | 1008 |
| POST OFFICE. | |
| See, also, “Embezzlement.” | |
| Post routes and roads, and private letter carrying. | |
| “Post routes,” which the postmaster general is authorized by Act March 3, 1851, § 10, to establish within cities and towns, are not the same as “post roads,” in the act of 1827. | 803 |
| An order of the postmaster general declaring the streets of a city to be post roads does not make them so, within the act of 1827, or render the business of private letter carries therein unlawful. | 803 |
| Act March 2, 1827, § 3, and Act March 3, 1845, § 9, prohibit the business of private letter carriers on mail routes, but not within the limites of a post town. | 803 |
| The setting up of a post by railroad or steamboat service is not setting up a footpost, within Act 1827, § 3. | 782 |
| An expressman conveying letters in an express car is punishable under Act 1825, c. 275. | 18 |
| The proprietor of a post road is not liable for the penalty (Act March 3, 1825, § 19), where letters are carried over his line by a passenger without his knowledge 75, | 782 |
| Where the owner of the line is not liable under section 19, no penalty is incurred, under section 24, by the person who sends such letters 75, | 782 |
| The owner of the line is liable where, by public advertisement, he has notice of the fact that certain persons or agents are thus sending letters; and in such case the persons employing the agents are liable, under section 24. | 75 |
| Officers. | |
| Where, under a rule of the department, an accounting is required before a new bond of an officer is accepted, held, that the sureties on the old bond were liable where the officer resigned two days after the approval of the new bond, and before an accounting. | 238 |
| No surrender of the property of the post-office department to the government of the Confederate States, under any other than the coercion of armed force, will excuse a, postmaster from liability on his bond. | 1349 |
| The sureties on the bond of a deputy postmaster, which stipulates that the principal shall faithfully account for postage stamps received, are liable as upon a contract at common law. | 1194 |
| Act March 3, 1851, § 3, authorizes the postmaster general to deliver postage stamps to a deputy postmaster without prepayment; the intent being to require prepayment of persons not deputy postmasters. | 1194 |
| Under this act, the sureties on the bond of a deputy postmaster are liable for postage stamps received by him. | 1194 |
| Balances due from postmasters may be extinguished by subsequent payments, so that, when the account is continued through a series of years, the postmaster's sureties will remain liable for a deficiency in his last quarterly account, until two years thereafter. (Act March 3, 1825. §§ 3, 31.) | 764 |
| Offenses, generally. | |
| Offenses under the post-office law are not felonies, but misdemeanors; and less nicety, in the form of the indictment is required than in cases of felonies in England. | 854 |
| —Unmailable matter. | |
| A publisher knowingly depositing in the mails a newspaper containing a quack medical advertisement of how and where to procure articles of abortion, etc., is guilty of a violation of Rev. St. § 3893. | 695 |
| In such case it is not necessary that, the advertisement indicate, or the indictment allege, any particular article or thing, or its properties. | 695 |
| The statute refers to the place where such articles can be “obtained or made.” Held, that an indictment using “obtained and made” was good, and proof of either sufficient. | 695 |
| The mere writing of a name on a newspaper is not within the prohibition of the post-office act. | 6 |
| —Obstructing the mails. | |
| The offense of obstructing the mail, under Rev. St. § 3995, is not committed unless the mail is in transitu, and the horse or vehicle taken is employed in carrying the mail. | 1069 |
| Elements of the offense of obstructing the mails stated in a charge to the jury. | 877 |
| A mail carrier driving through a crowded city at such a rate as to endanger the lives of the inhabitants may be arrested by a constable without a warrant. | 193 |
| A warrant in a civil suit against a mail carrier is no justification to the officer executing it, on an indictment for obstructing the mail. | 206 |
| —Robbery: Theft: Embezzlement. | |
| The offense of robbing the mail is a capital crime if effected by the use of dangerous weapons. | 148 |
| To constitute a post office under Act March 3, 1825, § 22, there need not be a building or room set apart. The post office may be a desk, trunk, or box, carried from one house or building to another. | 1167 |
| The place of deposit of the mailable matter would, in such case, constitute the post office, so that taking anything therefrom would be within Act March 3, 1825. § 22. | 1167 |
| A post-office clerk who steals a letter or package from the post office is punishable under Act March 3. 1825, § 22. | 1167, 1168 |
| It is an offense under Act March 3, 1825, § 45, to receive or buy an article knowing it to have been stolen from the mail. | 694 |
| To show that the article has been stolen, the conviction of the persons who stole it is sufficient if the article be identified. | 694 |
| In an indictment against a post-office clerk for embezzling a letter containing a bank note, the letter being described as directed to a person other than defendant, it is unnecessary to allege that the letter or note was the property of any one. | 892 |
| Description of the letter as directed to A. B. is sufficient where it is inclosed in an envelope directed to A. B. | 892 |
| The indictment need not allege that the clerk obtained the letter by virtue of his employment; it is enough that, being a clerk, he has obtained possession of the letter. | 892 |
| It is not necessary to set out the places from and to which the letter was to be carried by post. | 892 |
| An indictment for abstracting a letter containing bank notes is good if it alleges that the letter was put into the post office to be conveyed by post, and was being so conveyed, and came into defendant's possession, as driver of the mail stage. | 1183 1381 |
| Where a postmaster is indicted for embezzling a letter, it is enough to allege that the letter came into his hands, without showing where it was mailed, and by what route it was conveyed. | 854 |
| It is unnecessary to particularly describe the letter, or the bank notes therein, which a postmaster is charged with embezzling; but, if either be described, they must be proved as laid. | 854 |
| An indictment under Rev. St. § 5467, against a letter carrier, for embezzling a letter, is not defective, though it does not aver that the letter was not delivered to the addressee. | 610 |
| POWERS. | |
| See, also, “Forfeiture.” | |
| A defendant cannot be permitted to take advantage of an irregularity in procedure to which he himself is a party. | 982 |
| In cases of default, proclamation to appear should be made, and a decree entered for default and contumacy; and on reading the libel and proceedings thereon, with or without proof, as the court may direct such a decree will be made as the case may require. | 1290 |
| In a case of seizure for violation of the steamboat inspection law, the court, in case of default, will exercise a discretion, according to Rev. St. § 923, whether to require proofs or not. | 1290 |
| On a libel of forfeiture (Act 1813, § 6) for violation of the law relating to fishing bounties, in cases of default there must be some hearing before decree of forfeiture. | 976 |
| This may be by merely examining the libel and the return of the marshal, with evidence that the owners had actual notice, and willfully made default, with knowledge of the material facts. | 976 |
| On a suggestion that the owners were unable to give security for costs, held, that an affidavit of ownership, inability, and merits would be exacted, before the government would be required to make further proofs. | 976 |
| When property seized for forfeiture is brought into admiralty for adjudication, it is in the custody of the court, and cannot be withdrawn but by some person who shall establish title to receive it. | 832 |
| The equity rule requiring two witnesses, or one witness and corroborating circumstances, to overcome the denial in the answer, is not recognized in admiralty. | 1200 |
| An order by a district judge for the release of a vessel libeled for breach of the embargo laws is as valid when made at chambers as if made in open court. | 982 |
| Where a vessel seized for forfeiture is sold pending the prosecution, to avoid expenses of keeping, and the libel is subsequently dismissed, the proceeds will be delivered to the claimant, free of all costs. | 976 |
| PRESIDENT. | |
| See, also, “Executive Department” | |
| The president's power of controlling an officer is limited to those functions which, by law are to be exercised by the will of the president, and in which his order would be a justification. | 702 |
| PRINCIPAL AND AGENT. | |
| An agent cannot renounce his agency at pleasure, without notice or good cause, except on condition of indemnifying his principal for any loss sustained thereby. | 587 |
| Where an agent has in good faith entered into engagements or incurred liabilities before notice of revocation of his powers, the principal is bound to indemnify him. | 587 |
| The principles of natural equity governing the relation of principal and agent to each other apply in the case of government agencies. | 587 |
| The answer in chancery of an agent is not evidence against his principal; neither are his admissions in pais, unless they are a part of the res gestæ. | 1186 |
| PRINCIPAL AND SURETY. | |
| See, also. “Bonds”; “Customs Duties”; “Internal Revenue”; “Office and Officer”; “Post Office”; “Sheriffs and Constables.” | |
| The surety is discharged where the creditor, without his knowledge, takes from the principal bonds on time to secure payment of the sum due, though the arrangement operated to his benefit. | 318 |
| Giving time by the United States to the principal in a duty bond, before breach, without consent of the surety, discharges the latter. | 394 |
| Separate suits may be brought against joint parties to different instruments, given as collateral security for the same debt. | 403 |
| PRIZE. | |
| A vessel approaching an effectively blockaded port, with intent to violate the blockade, is not entitled to be warned off. | 226 |
| Every resident of a hostile place or country is regarded in an admiralty court as a citizen or subject, and his property is condemned as that of an enemy without his being heard. | 547 |
| The property of a neutral who participates with an enemy in any undertaking or device to violate a blockade must share a common fate with that of the enemies themselves. | 226 |
| If a neutral owner claim part of the cargo belonging to an enemy, for the purpose of deceiving the court, the part actually belonging to the neutral may be condemned as a penalty for his fraudulent conduct. | 938 |
| A claim to the captured property may be interposed by the master or agent, but it must be in behalf of the proper party. If no claim is made, the property will be condemned as belonging to an enemy. | 938 |
| Claims presented after the proofs have been opened and examined, and after hearing the reasons assigned for condemnation, are never favored. | 938 |
| Before an order for further proof will be made, plaintiff must make it probable that, if it is granted, he will be able to overcome the probative force of the suspicious circumstances. | 938 |
| Evidence to acquit or condemn must come in the first instance from the papers of the officers and crew. Leave for further proof is granted in cases of honest mistake or ignorance, and to clear doubts and remedy defects; but to application must be supported by evidence of probable cause and good faith. | 938 |
| The purchase of an enemy's vessel in a neutral port is itself a suspicious circumstance, so that the evidence of an absolute bona fide transfer should be clearly established. | 938 1382 |
| PUBLIC LANDS. | |
| See, also, “Grants”; “Mines.” | |
| The secretary of the treasury cannot execute or approve of a lease of any property belonging to the United States without special authority of law. | 139 |
| A homesteader who has paid the entry fee and made affidavit as required by law, has no right to cut and sell timber, merely for purpose of traffic and sale alone. | 1086 |
| Act March 3, 1863, granting lands to Kansas to aid railroads, did not pass title to lands reserved to the Osage Indians by the treaties of June 2, 1825, and January 21, 1867. 901, | 1275 |
| The commissioner of the general land office may order a further examination, on the ground that the return of a survey made by the surveyor general of California represented the tract as containing more than the quantity sold and confirmed. | 202 |
| The United States may sue in equity in their own name in the circuit court to set aside a patent issued without authority of law. | 901 |
| In trespass for digging and carrying away lead ore from lands of the United States, plaintiffs are not entitled to recover, as damages, the value of the ore after it is dug. The injury to the soil is the gist of the action, and the ore must be considered in aggravation of the damages. | 1138 |
| A libel against a vessel under Act March 2, 1831, § 2, for transporting timber cut from public lands, must allege that the timber was taken from lands reserved for naval purposes, or that it was live oak or red cedar. (Reversing 255.) | 256 |
| Title to and power of control and disposition of lands of the pueblo of San Francisco. | 139 |
| Lands within the limits of the pueblo of San Francisco are not subject to levy and sale under judgment and execution against the city. | 139 |
| QUI TAM AND PENAL ACTIONS. | |
| The action to recover a penalty or damages for making a false claim against the United States (Rev. St. §§ 3490-3493) may be brought without the previous authority or consent of the district attorney; and under Civ. Code Or. § 7981. the complaint may be subscribed by the attorney of the person who brings it. | 42 |
| RAILROAD COMPANIES. | |
| See, also, “Public Lands.” | |
| Under Act July 1, 1862, the government may recover, at law, of the Union Pacific and other railroad companies receiving United States bonds, 5 per cent, of the net income until the bonds and interest are paid. | 679 |
| RECEIVING STOLEN GOODS. | |
| The receiving of stolen property must have been done in the district where the indictment is found. | 1296 |
| An indictment under Rev. St! § 5479. for receiving, concealing, and aiding in concealing, gold dust stolen from the mails, charges but one crime, and proof of either warrants a conviction. | 1296 |
| The possession of gold coin received at the mint in exchange for gold dust stolen from the mails is not a possession of such dust. | 1296 |
| REMOVAL OF CAUSES. | |
| When all the steps required by the judiciary act have been complied with in the time prescribed, the cause is pending in the federal court, so as to make further proceedings in the state court void, though it has refused to grant an order of removal. | 669 |
| When a suit is removed from a circuit court of one circuit to the circuit court in another circuit, the latter court has the same power over the parties which the first court would have had. | 911 |
| REPLEVIN. | |
| Where a manufacturer contracted to furnish certain goods to the commissary general in payment of a debt due the latter and a third party, held, that the United States could not alone maintain replevin for such goods. | 759 |
| RIOT. | |
| Riots are punishable at common law notwithstanding the statute. Imprisonment is not a necessary part of the punishment at common law. | 1088 |
| It is not necessary that the unlawful intent should have existed at the time of meeting. It is sufficient if it be afterwards formed; and the unlawful act is evidence of the intent. | 1087 |
| ROBBERY. | |
| Robbery is the felonious taking of goods from the person of another, or in his presence, by violence, or by putting him in fear, and against his will. | 653 |
| No road in Virginia is a highway, within the statute taking away benefit of clergy, unless it be a public road laid out according to law, no evidence of which can be received but the record. | 786 |
| An indictment for forcibly taking bank notes from another must state whose property they were. | 1132 |
| SEALS. | |
| The word “Seal” in a scroll is a seal to a justice's warrant. | 253 |
| SEAMEN. | |
| Offenses. | |
| One, not a shipping commissioner, who engages seamen for a vessel of which he is not the owner, consignee, or master, is liable to the penalties prescribed by Act June 7, 1872. | 460 |
| The provisions of said act apply as well to vessels engaged in the coastwise as to those engaged in the foreign trade. | 460 |
| A bond given for the exhibition of the list of the ship's company under Act Feb. 28, 1803. held valid, though it did not refer to the statute, and did not state which of the obligors was the principal, and which the surety. | 220 |
| An alteration made by a customhouse clerk for the purpose of rectifying the bond, which did not affect its construction, held immaterial. | 220 |
| The certificate of the consul that the seamen were left in a hospital, unable to return, and that the master had paid for their maintenance, and left the amount of their wages, held insufficient. | 220 |
| The sum named in such bond is intended as a forfeiture, and not as a penalty. | 220 1383 |
| On a criminal prosecution for leaving men abroad, the master is not guilty, if he acted under an honest mistake of judgment, and not from malice; i. e. from an intentional violation of a known duty | 1021 |
| To justify leaving men in a foreign port, there must be such an exigency as would control the judgment of masters of reasonable firmness | 1021 |
| Masters act on their own responsibility in leaving men in foreign ports for misconduct. It is proper to take the advice of the consul, but his opinion is only advice | 1021 |
| The authority of the officers of a merchant ship to inflict punishment is of a summary, but not a military, character | 432 |
| An inferior officer cannot inflict blows upon a seaman for disobedience without consulting the master, except in a case which will not admit of delay | 172 |
| Punishment by the mate or other officers when the master is on hoard can be justified only by an immediate exigency of sea service | 432 |
| If, from the grossly mutinous and menacing misconduct of seamen, the master has reason to believe, and does believe, that the use of a deadly weapon is necessary, he may use it, though the necessity he apparent only | 1021 |
| Act June 7, 1872. § 51, applies to seamen engaged on foreign vessels while in American waters | 1042 |
| Where the master, after the commencement of the voyage, is disabled by sickness from pursuing it, or is discharged for reasonable cause, and a new master is appointed, the shipping contract with the seamen is not dissolved thereby | 62,93 |
| The offense of endeavoring to make a revolt (Act 1790, c. 9, § 12) may be committed in any kind of vessel 700 | 700 |
| And in a foreign port | 685 |
| Seamen who combine together to refuse all duty on board, and refuse obedience to a new master lawfully appointed, are guilty of such offense | 62 |
| On an indictment for such offense, it is not necessary to prove that it was committed on the high seas | 93 |
| Proof of an endeavor to commit a revolt in a foreign port will sustain an indictment for an endeavor to commit a revolt on the high seas | 685 |
| Insolence, disobedience of orders, or violence to the master, unaccompanied by other acts showing an intent to subvert his command, is not an endeavor to make a revolt | 700 |
| Neither is mere conspiracy of the crew to displace the master, unaccompanied by overt acts; nor is concert among the crew to that end essential to the offense | 700 |
| A conspiracy to usurp the authority and command of a ship, and overthrow that of the master or commanding officer, or to resist a lawful command of the master for such purpose, and any endeavor to stir up others of the crew to such resistance, is an endeavor to commit a revolt | 259 |
| Interposition of a crew, by violence and intimidation, whereby the master is compelled to desist from punishing a seaman for gross misbehavior, is an endeavor to commit a revolt | 1351 |
| To constitute the offense, neither a previous deliberate combination for mutual aid and encouragement nor any preconcerted plan, is necessary | 1351 |
| Refusal to do duty after a deviation from the voyage described in the shipping articles is not an endeavor to commit a revolt. | 1207 |
| The crew of a vessel not enrolled and licensed under Act 1793 for the coasting trade and fisheries, cannot be convicted for making a revolt. Such a case is not within the crimes act of 1835 | 605 |
| Assault and battery by a seaman upon the master is not a confinement of the master, or an attempt to excite a revolt, within the statute 885 | 885 |
| A confinement of the master, within Act 1790, c. 9, § 12, extends to all restraints of personal liberty in freely going about the ship, by present force or threats of bodily injury | 259 |
| To constitute the offense of confining the master, the act of confinement must be feloniously done | 276 |
| The master has a discretion as to the number requisite for his crew, and the seamen cannot refuse obedience on the ground of going to sea shorthanded | 1033 |
| The pilot of a vessel which is cleared and ready for sea is an officer of the vessel, within Act 1835, § 2; and a disobedience of his orders is a revolt, under Act 1835. | 1033 |
| Seamen defending against a prosecution for endeavoring to commit a revolt, on the ground that they were ordered to go on a voyage for which they were not bound by the shipping articles, must show that they made the objection at the time of disobedience | 1033 |
| SEIZURE. | |
| A stipulation that a seizure had been made held a sufficient foundation for an order of reasonable cause of seizure (Act March 2, 1799, § 89), though no seizure was in fact made | 277 |
| SET-OFF AND COUNTER CLAIM. | |
| A party claiming a set-off against the government has the burden of showing that the claim has been presented to the accounting officers, and disallowed | 1186 |
| SHERIFFS AND CONSTABLES. | |
| A constable using criminal process to enter forcibly one's premises to serve a civil warrant, and to take unlawful possession of property to secure the debt will be dismissed from office | 1240 |
| A constable will be dismissed on petition and proof of misconduct while exercising the duties of his office | 1090 |
| A constable ordered to be dismissed from office for collecting an illegal fee, unless he return the same, and pay the cost of the rule served on him | 1137 |
| The constable is not entitled to any fee on an execution not served | 978 |
| SHIPPING. | |
| See, also, “Admiralty”; “Fishers” “Forfeiture”Maritime Liens.”“Neutrality laws.” | |
| Public regulation. | |
| Congress has power to regulate the building and equipment of vessels in the United States, whether for foreign or interstate commerce | 559 |
| The ownership of a vessel determines her national character, and this may be proved in the same manner as that of any other chattel | 603 |
| No coaster can be sold in a foreign port unless her license be previously surrendered (Act Feb. 18, 1793): and her American character is not changed by the transfer | 233 1384 |
| A vessel condemned for violation of the law, and sold under order of the court, may become foreign property | 233 |
| Authority of collector to take bond under Act Feb. 18, 1793, providing for the enrollment and licensing of vessels employed in the coasting trade and fisheries | 325 |
| A sum secured in the bond required by Act Dec. 31, 1792, § 7, is recoverable, under section 29, as a penalty or forfeiture, in case of a breach, and not as liquidated damages under a contract; hence the collector, naval officer, and surveyor are entitled to a moiety thereof. | 1293 |
| If a vessel licensed for the coasting trade be engaged in an illegal traffic, she loses the protection of her license, and is forfeited under Act Feb. 8, 1793, § 32 | 1166 |
| The phrase “coasting trade,” as used in the status, does not apply to ferrying across a river | 579 |
| Act July 7, 1838, to provide for the security of tie lives of passengers, embraces all vessels propelled wholly or in part by steam, and is not limited to vessels at sea or on the Great Lakes | 559 |
| Such act being founded on the constitutional power of congress to regulate foreign and interstate commerce, does not apply to a ferryboat plying wholly within a State 579; contra, | 559 |
| A small steam pleasure yacht run occasionally by its owners for amusement, on Buffalo Bayou, below Houston. Tex., is not a vessel navigating the public waters of the United States, in the meaning of the steam inspection law 1290 | 1290 |
| Act July 7, 1838, declares no forfeiture of the vessel, and creates no lien, express or implied, for the penalty | 873 |
| The only penalty for taking passengers on a steam vessel which has not in a conspicuous place, the certificate of seaworthiness required by Act Aug. 30. 1852, § 25, is the penalty of $100 given by that section; and neither the vessel nor her owner is liable to the penalty of $500 given by the first section 1149 | 1149 |
| The owner of a river steamboat is not liable to the penalty for noninspection, where the last year's inspection expires while the vessel is in the service of the government under military impressments | 1300 |
| The requirements of Act March 3, 1855, § 2, do not apply to steamships | 1150 |
| To subject a vessel to. forfeiture under Act March 2, 1819 there must be an excess of 20 passengers beyond the proportion of 2 to every 5 tons of the vessel | 1000 |
| In estimating tie number of passengers, no deduction is to be made for children or persons not paying; but the crew are excluded | 1000 |
| And, in estimating the tonnage of a vessel bringing passengers from a foreign, country, the customhouse measurement at the port of arrival is to be taken | 1000 |
| In an information of forfeiture against a foreign-built vessel owned in the United States, under Act March 1, 1817, the exception in the proviso of the act must be negative | 1188 |
| A vessel not enrolled and licensed, but engaged exclusively in the foreign trade on Lake Champlain, does not become forfeit by having foreign goods on board 1159 | 1159 |
| Where, by mistake, fraud, or accident, the tonnage and like duties payable by law are not paid by the owner of a vessel, an action of debt lies against him to recover them, but not against a mere consignee of the vessel | 224 |
| Registered vessels, not licensed, may be legally employed on a whaling voyage, and may come into American ports without being subject to the disabilities of foreign vessels Offenses. | 603 |
| The offense of willfully setting fire to a ship at sea, created by Act July 29, 1850. § 7, is sufficiently charged in the words of the statute, without adding the averment that the offense was feloniously committed | 1044 |
| SLAVERY. | |
| The offense of sailing with intent to en-age in the slave trade (Act April 20, 1818, § 2, 3) is not committed unless the vessel sail out of the port | 826 |
| Forfeiture of the vessel for importation of slaves after January 1, 1808, may be remitted by the court in cases of extreme hardship 791 | 791 |
| The master of a vessel employed in transporting a slave from the Island of St, Thomas to Cuba is indictable under Act May 30. 1800 | 762 |
| Requisites of an indictment for causing a vessel from an American port to engage in the slave trade, following the language of the statute | 826 |
| If a foreign claimant of a vessel seized for being engaged in the slave trade sets up a title derived from American owners, he must show affirmatively that there remains no American ownership | 832 |
| The African slave trade, abstractly considered, is inconsistent with the law of nations, and a claim founded on it may be repelled in any court, unless the trade be legalized by the nation to which the party belongs | 832 |
| Pacts and circumstances enumerated which are competent as evidence tending to show a guilty participation of the captain of a vessel in the slave trade, without actually taking slaves on board his own vessel | 928 |
| What is the receiving of a person on board with intent to make him a slave, such as will render the captain guilty of a capital offense | 928 |
| Where the master of a vessel received two Africans on board, and took them to Brazil, held that, if he did not actually suppose them to be free, it was competent, as showing his intent, to prove that the vessel was chartered by persons who turned out to be slave dealers, and that he knew their business, and remained a year or more in their company and employment, carrying merchandise and free passengers | 928 |
| It was competent also for defendant to show that he took no persons knowing them to be slaves; that he neither bought, sold, nor kidnaped any; that the two Africans whom he knowingly received and took to Brazil had free papers; and that he believed them not to be slaves | 928 |
| It is competent evidence tending to show genuineness of manumission papers executed on the coast of Africa that they were attested and sealed by persons purporting to be Portguese there, and who had acted as such in other business, and that the paper and stamp were of the kind used there in public offices | 928 |
| Intents and acts tending to make some one a slave are both necessary, under the act of 1820, to convict a person of a capital offense, though under other laws one may be guilty of a misdemeanor for merely transporting slaves from one place to another abroad | 928 1385 |
| A passenger is not one of the crew or ship's company, within the meaning of the statute. | 928 |
| It is an indictable offense, under the act of 1818, to fit, equip, load, or otherwise prepare, a vessel in the United States for the purpose of transporting slaves from a foreign place to any other place | 1145 |
| The mere transportation of any kind of goods to Africa is not a crime under any act of congress, independently of the intent with which it is done | 928 |
| An indictment under Act April 20, 1818, may be sustained for the illegal importation of an African brought from any foreign place, or from sea | 227 |
| Persons imported contrary to law, against their will, are still subject to federal control, though mingled with persons in the states | 227 |
| The truth or falsity of the charge of being engaged in the slave trade held to be dependent on proof of circumstances attending the fitting, equipping, and loading, as well as those of the voyage; both to be weighed in connection with the master's declarations. (Affirming 553.) | 548 |
| A master who brought his ship from a foreign port and surrendered her because he believed her about to be engaged in the slave trade, awarded the informer's moiety, as against a claim thereto by the master of a steamer who gave information of facts learned from the crew while towing the slaver into port. | 551 |
| Necessary averments stated of an indictment for aiding and abetting in fitting out a vessel for the slave trade. | 697 |
| Necessary averments stated for an indictment for assisting, by advice, the transportation of a slave. (Act Md. 1796, c. 67, § 19.) | 625 |
| It is not an indictable offense in the District of Columbia to attempt to sell a free mulatto as a slave | 265 |
| A warrant for the apprehension of a fugitive slave is in full force until the final hearing and order; and, after a rescue, a fresh pursuit may be made by the marshal and owner with the same warrant | 265 |
| The master of a fugitive slave, having him apprehended by the marshal under a warrant, cannot be arrested for assault and battery on such fugitive while making the arrest in aid and at the request of the marshal, before final hearing and order of the Judge | 1318 |
| Whether a person was held to service under the laws of Virginia is a question partly of status, and partly of property; and, in either aspect, evidence that he was in fact held and treated as a slave there is admissible | 1323 |
| The owner of a slave who beats him cruelly, and then exposes him to public view, is guilty of a misdemeanor at common law. | 987 |
| STATUTES. | |
| The enactment of the Revised Statutes was not original legislation, but merely a more convenient expression of the law existing on December 1, 1873. | 1306 |
| The title of an act cannot control plain words in the body thereof, but, taken in connection with other parts, may assist in removing ambiguities. | 1042 |
| The construction given to laws by the executive department, in carrying them into effect for many years, should, as a rule, be followed by the judiciary, when private rights are not affected | 1037 |
| Where the boundaries of a surveyor general's district depend on the construction of various acts of congress, which have been uniformly construed in one way, and that construction repeatedly sanctioned by legislative action, it becomes conclusive on the judiciary | 1037 |
| General words in a statute, following an enumeration of particular cases, apply only to cases of the same kind as those enumerated | 544 |
| The presumption is that provisions of a general character in an appropriation act are limited to the subject-matter of the act, and are not permanent regulation, unless clearly so provided | 587 |
| A later statute inconsistent with and repugnant to a prior one repeals it without express repealing words | 544 |
| A defense to a forfeiture granted by a subsequent law must be taken subject to the terms and conditions imposed by such law | 84 |
| A state law certified by the clerk of the executive council and the seal of the state is sufficiently proved, under Act May 26, 1790. | 18 |
| SURVEYS AND SURVEYORS. | |
| Where the boundaries of a surveyor general's district depend on the construction of acts of congress, which have long been construed in a particular way, a surety on his bond cannot set up that the duties as performed were beyond the limits of his district. | 1037 |
| TAXATION. | |
| A levy or seizure of real property may be made without going upon the premises, by making a memorandum upon the warrant of the description of the premises, for the purpose of a levy and sale | 295 |
| A sale of other premises than that levied upon will not convey a good title | 295 |
| TREASON. | |
| Treason is defined by the constitution, and the power of congress over the subject is limited to prescribing the punishment | 18 |
| The term “enemies” (Const, art 3, § 3) applies only to subjects of a foreign power in a state of open hostility with us. It does not embrace rebels in insurrection against their own government | 18 |
| To constitute the offense, there must be a conspiracy to resist generally and publicly by force, and an actual resistance by force or by intimidation of numbers, a law of the United States | 105 |
| A conspiracy to resist by force the execution of such law in particular instances only, for personal or private purposes only, is not treason | 105, 397 |
| To constitute a “levying of war,” there must be an assemblage of persons with force and arms to overthrow the government or resist the laws | 18 |
| All who aid in the prosecution of war levied against the United States, whether by open hostilities in the field, or by performing any part in the furtherance of the common object however minute, or however remote from the scene of action, are guilty of treason | 18 |
| Where a body of armed men is mustered in military array for a treasonable purpose, every step which any one of them takes, by marching or otherwise, in part execution of such purpose, is an overt act of treason in levying war | 36 |
| Purchase of a vessel, and fitting her up for service with arms and ammunition, and the employment of men to manage if in pursuance of a design to commit hostilities on the high seas in aid of an existing rebellion against the United States, are overt acts of treason | 18 1386 |
| Overt acts which, if successful, would advance the interests of the rebellion, amount to aid and comfort, though they failed | 18 |
| Delivering up prisoners and deserters to an enemy is treason, and nothing but a well-grounded fear of life will excuse the act | 332 |
| Except in the case of force under a personal fear of death, a private soldier or subordinate officer cannot excuse a treasonable act on the ground of compulsion | 36 |
| A person's allegiance to the government continues to be due as long as its courts of justice are open to maintain peace and protect the citizen | 36 |
| The national government conceded belligerent rights to the armies of the Confederate States; and acts of a strictly military character, performed under military authority, may be protected by reason thereof. | 1349 |
| The whole existence of the Confederate government was a continued rebellion against the lawful government of the United States: and no one can be protected by the sanction of its authority save in acts of war | 1349 |
| Belligerent rights conceded to the Confederate States cannot be invoked for the protection of persons entering within the limits of a loyal state, and secretly getting up hostile expeditions against the government | 18 |
| A letter of marque issued by an insurrectionary government, which has not been recognized by the legislative and executive departments of the existing government, is no-defense to treason in levying war under such letter | 18 |
| In treason there are no accessaries. All who engage in rebellion, or who designedly give to it any species of aid and comfort, in whatever part of the country they may be, are principals | 18 |
| A combination to suppress the excise officers, and prevent the execution of an act of congress, accompanied by a display of force arrayed in a military manner, with arms, and by acts of violence to compel them to resign their offices, is a levying war | 1277 |
| The provision of the constitution that no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court, is inapplicable to preliminary hearings and commitments | 36 |
| An indictment under Act July 17. 1862, § 2, need not use the phrase “levying war.” specifically; it is sufficient to follow the | 36 |
| Everything tending to show that there was an intention to make public resistance to a law of the United States is entirely evidence in chief, and cannot be received in rebuttal. | 105 |
| The declaration of the prisoner accompanying the overt act charged may be proved to show his intention in doing it; but his confession of committing such act is not admissible | 907 |
| The declaration of the prisoner of his intention as to any overt acts charged may be proved before evidence of such overt acts is offered | 907 |
| Facts occurring and rumors prevalent in the neighborhood which would explain certain particulars relied upon to show treasonable intent, and make them show a different intent, though a long time in advance of the alleged treasonable occurrence, are admissible | 105 |
| It is not competent, on a trial for treason, to prove that the accused, in the course of the insurrection, joined with others in robbing the mails, when a separate indictment for that offense is already pending against him | 1282 |
| Where it was claimed that a circular letter had been written by leaders of an insurrection calling citizens to assemble with arms, etc., held, that a copy thereof was not admissible, unless it was proved to be one of the copies actually circulated | 1282 |
| Where it is shown by several witnesses that accused took part in a treasonable conspiracy, it seems that it is sufficient to prove by two witnesses that he marched, as a volunteer, with arms, in military array, with a party which used force to present the execution of an act of congress. | 1277 |
| Where the treason consists in engaging in or assisting a rebellion or insurrection, the death penalty cannot be inflicted, under Act. July 17, 1862 | 18 |
| TRESPASS. | |
| Where a day is laid, and from such day to the commencement of the action divers trespasses are committed, one trespass only, prior to the day named, may be proved. But divers trespasses may be shown within the time laid | 761 |
| TRIAL. | |
| See, also, “Criminal Law.” | |
| The court can exclude from within the bar any person coming there to report testimony during the trial | 360 |
| In cases of negative allegations, the burden of proof rests on the party holding the affirmative especially where the facts lie particularly in his privity and knowledge. | 240 |
| Where defendant pleads payment, and adopts such a course as to throw the whole affirmative proof on the plaintiff, the plaintiff has a right to reply | 467 |
| Where the jury, after retiring, come into court to ask questions of a witness, counsel will not be permitted to interrogate the witness | 36 |
| It is not necessary, in order to impart a rebutting character to testimony, that the contradiction should be complete and entire, but it is sufficient if it has a tendency to contradict or disprove the opposite statement | 349 |
| UNITED STATES. | |
| See, also, “Bankruptcy”; “Claims”; “Limitation of Actions.” | |
| The United States is not bound by general words in a statute, but only when in-eluded expressly or by necessary implication | 297 |
| The United States, in their political capacity, are a collective invisible body, and can only act by their officers, who constitutionally and legally administer the government, and by the agents duly appointed by them | 318 |
| The federal courts have no power, by statute or usage, to recognize a suit, civil or criminal, as legally before them, in the name of the United States, unless it is instituted and prosecuted by a district attorney legally appointed and commissioned. | 1044 |
| Quære, whether an action can, in any case, be brought for an individual in the name of the United States, by any attorney other than the district attorney, when the latter refuses to bring it | 1336 |
| The United States has the same remedy against the lands of delinquent collectors I that the state gives against the lands of those against whom she has obtained judgement (1 Stat. 275) | 14 1387 |
| Act Match 3, 1797, providing that judgement shall be given at the return term against debtors of the United States, on motion, is limited to cases in which the principal debtor is a party | 1036 |
| The united States are not bound by the declarations and representation of their agents unless it is clear that he was acting within the scope of his authority, and was empowered to make the declaration | 1186 |
| Congress has exclusive legislative power over a place ceded by a state for a military post, though the state reserves a right to send process therein | 792 |
| Contracts | |
| The capacity of the United States to contract is co-extensive with the duties and powers of government; and every contract subserving the performance of a duty may be rightfully made | 1211 |
| It is not essential to a contract between an individual and the government that it which it was made so precisely and distinctly as to show the motives inducting it, and the objects to be effected | 1211 |
| The rule that every contract, legal on its face, imports a consideration, and is presumed to be obligatory until the contrary is shown, if the parties be ostensibly able to contract, applies to government contracts | 1211 |
| The United States government has power to make a contract as incident to its sovereignty. It may compromise a suit, and receive real and personal property in discharge of the debt, in trust and sell the same | 861 |
| Under Act May 29, 1830, the solicitor of the treasury has authority of compromise suits and take lands in trust for the United States, and control and dispose of the same | 861 |
| The duty if the government to secure its debts necessarily implies the means of securing them; and sureties may therefore be required to the bond of a government debtor | 1211 |
| Priority of payment. | |
| The priority of the United States gives no hen on property which is under execution when it accrued | 1231 |
| The United States are entitled to” priority in the separate estate of the partners, although the demand is against the firm | 920 |
| If the United States have a demand against a firm some of whose partners reside in a foreign country, they are entitled to priority out of the separate estate of the resident partners | 920 |
| A conveyance, by a know insolvent, of all his property, to one or more creditors in discharge of their own claims, not exceeding the sum due them, is not a “Voluntary assignment,” within Act 1799, § 65, so as to be affected by the priority of the United States, unless made with intent to evade such priority | 1127 |
| If an assignment dose not on its face purport to be of all the debtor's property. The United States, to obtained priority, must show that it dose in fact transfer all | 862 |
| The omission of a small part of the debtor's property from the assignment, by mistake or fraud, will not defeat the priority of the United States | 862 |
| Whether property omitted from the debtor's deed is so inconsiderable as to show an intent to evade the statute is a question in the sound discretion of the court | 1173 |
| A deed by debtor of the United States conveying all his property to trustees for payment of his debts, not including the debts of the United States. Is an act of insolvency, so that the priority of the United Stated immediately attaches | 1173 |
| The priority of the United States is not defeated, it seems, by the fact that the debtor afterwards recovers property in the right of his wife by legal proceedings, whatever the amount thereof | 1173 |
| Expenses incurred by an assignee in insolvency in recovering a demand are chargeable on the fund, and the right of the United States to priority attaches to the residue | 439 |
| The United States and their debtors are not included in the provisions of Act. Feb 28. 1839 | 297 |
| The United states may enforce their right of priority without first exhausting securities which they may hold | 920 |
| The united States need not prove their debt in bankruptcy before filling a bill to enforce their priority, absconding, etc | 788 |
| A surety on a customhouse bond, after paying it, has the same priority as the United States against the estate of his principal in the bands of an assignee | 437 |
| If both principal and surety be insolvent and assign to the extent of the surety: so that, if he also be indebted to the United States, they may sue in equity against the assignee to insure their priority | 437 |
| WAR | |
| See, also, “Prize”; “Treason.” | |
| Act July 13, 1861, positively prohibits residents of both the loyal and insurrectionary states from all commercial intercourse for whatever purposes, and subjects to confiscation the vehicles employed therein either for profit or gratuitously | 664 |
| Dry goods, groceries, and medicines sold to the inhabitants along the Mississippi river during the last year of the Civil War held not articles contraband of war by the legislation of congress, or by the law of nations | 278 |
| Construction of acts of congress and regulations of the treasury department in relation to commercial intercourse between the loyal and insurgent states | 278 |
| The individual property of all officers and agent of the confederate government having been declared confessable, and all transfers thereof void, by Act July 17, 1862, § 5 one trading in insurgent territory under a license could acquire no title to such property by purchase or otherwise | 1118 |
| The rebellious states of the Union were public enemies, so that no claim of a citizen thereof could be entertained in confiscation proceedings | 547 |
| A sentence of confiscation of a vessel as enemy property is superior to all liens and equities | 547 |
| WITNESS. | |
| Competency. | |
| On a suggestion that a witness whose affidavit has been taken on a motion for new trial is an idiot, the court may require him to be brought before it for examination | 987 |
| One who does not believe in the existence of a God other than nature, nor in a future life, is not competent | 908 |
| A witness must believe in God, and in rewards and punishments. He is competent if he believe that they are meted out in this life, but such belief may go to his credibility | 761 1388 |
| A convict who has served out a sentence for felony may be restored by pardon to competency as a witness, but the jury are to judge of his credibility | 644 |
| If persons jointly concerned in an assault and battery be separately indicted, but all tried together, one may be a witness for the others | 436 |
| An accomplice separately indicted is a competent witness in favor of or against a person indicted for the offense | 276 |
| A person who stands indicted for treason along with defendant in another indictment not now trying is a competent witness for him in an indictment now trying, and in which such person is not included | 105 |
| The wife of an accomplice who has testified for the government is competent to prove any independent facts not sworn to by her husband, and not forming any part of his acts | 373 |
| A slave is not a competent witness against a free-born mulatto. (Act Md. 1717, e. 13) | 17,318 |
| A colored person manumitted under Act Md. 1796, c. 67, is not a competent witness against a white person | 1272 |
| A defendant in a criminal case in the federal courts cannot testify in his own behalf, although by statute his testimony is admissible in the state courts | 235 |
| The person whose right is averred to be prejudiced by a forgery is a competent witness to prove the forgery. So, also, is the person whose receipt is averred to be forged | 555 |
| On a prosecution of a vessel owner for casting away his vessel with intent to prejudice the underwriters, the president of an incorporated insurance company is a competent witness to prove defendant's handwriting to the manifest of cargo | 616 |
| A mere honorary obligation to indemnify a prosecutor who is liable for costs is not a sufficient interest to exclude the testimony of the witness | 1024 |
| The informer is not entitled to part of the penalty against a minister for marrying a woman under 16 without the consent of her parents or guardian, and is therefore a competent witness | 1059 |
| On an indictment for bigamy, a person having an action pending against the prisoner for goods furnished to the supposed first wife is incompetent, by reason of interest, as a witness to prove the first marriage | 1221 |
| Upon a trial for larceny, the owner of the stolen goods is a competent witness upon filing a release of his right to half the fine | 139, 1046 |
| A stockholder in a bank is a competent witness in a prosecution for receiving a stolen bank note, after releasing his interest in the fine | 1314 |
| Privilege of witness. | |
| A witness is not bound to answer a question if it appear to the court that his answer would have a probable tendency to criminate him | 1036 |
| A witness, on cross-examination, cannot be asked as to any fact tending to disgrace him, which the other party would not be permitted to prove aliunde | 406 |
| A witness is compellable to answer a question which he says will incriminate him, if the court is of opinion that no direct answer to the question could furnish evidence against him | 1254 |
| Refusal of a physician to testify as an expert, even in criminal cases, unless first paid a reasonable fee, is not a contempt | 394 |
| Credibility: Impeachment: Corroboration. | |
| The willful false statement by a witness of a material fact may be ground for the rejection of all of his uncorroborated testimony | 166 |
| Conspirators are competent witnesses, and are compellable to testify by either party; but their testimony is to be received with extreme caution, and the jury should not convict upon it alone, unless they are most positively convinced of its truth | 1107 |
| Evidence is inadmissible that the witness is a common prostitute, to discredit her testimony. The question must go to her general reputation for veracity | 1197 |
| The attorney for the government will not be permitted to prove that his own witness is a woman of ill fame | 1086 |
| A customs officer, who has given evidence for defendant on a prosecution for smuggling, cannot be interrogated as to violations by him of the revenue laws not connected with the charge in question, for the purpose of discrediting him | 185 |
| A party cannot discredit, his own witness by proving that formerly he swore differently | 653 |
| Error in admitting evidence of statements by a witness inconsistent with his testimony, without first calling his attention to such statements, is cured if, on being afterwards called by the prisoner, he denies such statements | 1097 |
| Testimony is not admissible that, the witness gave the same account out of court, although it has been proved in order to contradict him that he had given a different account | 349 |
| Testimony is not admissible to support the credit of a witness except in reply to impeaching testimony | 349 |
| The jury may convict on the testimony of an accomplice alone; but his testimony should be corroborated in some parts, at least, by other evidence | 766 |
| The evidence of an accomplice is to be received with great caution, and, in crimes involving great moral turpitude,” must be corroborated by creditable testimony | 166 |
| Attendance. | |
| A state magistrate cannot issue process for defendant's witnesses, into another state; and in such case the cause must be continued | 978 |
| It is the duty of the court, on application of the prisoner showing that fie is unable to send for his witnesses, to summon them at the expense of the government | 760 |
| One arrested as a witness for the United States in a criminal case, under Act Aug. 8, 1846, § 7, discharged on his own recognizance, under circumstances of peculiar hardship | 984 |
| WRITS AND NOTICE OF SUITS. | |
| A capias is proper process on an indictment for misdemeanor | 585 |
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