ld.

to her deck, partly through his own negli-inherit in like manner as legitimate from the gence and partly through the negligence of the father. That Act was not affected by the Antisteamer's officers, is entitled, in a suit in admi- Polygamy Act of Congress July 1, 1862. ralty against the vessel for damages for such injury, to a decree for divided damages.

DEED.

Id.

See also BOUNDARIES, 5; REAL PROPERTY, 1, %.

1. In construing a deed, all the words of the description must be given effect if possible. St. Louis v. Rutz,

DEVIATION.
SHIPPING, 8.

See INSURANCE, 11, 12;

DIPLOMATIC AND CONSULAR
OFFICERS.

A citizen of the United States, a resident of 941 New York, who is consul-general of a foreign 2. Where in a deed of lands in Illinois to the government at New York, and is also authorMississippi River there is added in the descrip-ized to communicate to the Secretary of State tion the words, "together with all rights as any matter in relation to that government in riparian owner to the accretion or sand bar the absence of its minister, is not its diplolying northwesterly and between the extended matic representative or minister during such lines of said land herein described, situated in absence, or entitled to the diplomatic privileges the county of St. Clair and State of Illinois," of a foreign minister. Re Baiz, the grantor conveys all his riparian rights appurtenant to the surveys of the land conveyed, between the extended lines of them in the county of St. Clair, and does not retain to himself any interest in the fee of the bed of

the river.

ld.

3. The conditions on which a share of an incomplete right of way was conveyed are not defeated by a completion of the right of way by purchase of intervening and isolated tracts. Joy v. St. Louis, 845

4. When a deed is delivered in the execution of the contract, with the intention that it shall be operative when the grantee approves of the title, he has the right to put the deed on record, on his approving of it and tendering the consideration mouey. Ryan v. United States, 447

5. Neither error in mere recitals in a trustee's deed, nor its silence as to the hour of the day when the sale occurred, makes the deed void or ineffectual as a conveyance of the title by a trustee invested with power to sell and to convey the title. Mansfield v. Excelsior Refinery Co. 162

PUBLIC LANDS, 19. DEPOSITIONS.

DISCOVERY. See also DOWER.

222

1. By the law of nations, dominion of new territory may be acquired by discovery and occupation as well as by cession or conquest. Jones v. United States,

691

2. The neglect of the commissioners to keep the public ways of the city of Washington in safe condition is the neglect of the municipal corporation, although they are subject to the paramount authority of Congress. District of Columbia v. Woodbury,

472

3. The District of Columbia is liable, as a municipal corporation, for injuries to individuals arising from its negligence in the construction of a work which it is authorized to construct and maintain, and for those arising from a defective condition of its streets and sidewalks, without regard to the manner of appointment of its officers, although the fee simple of the streets of the city of Washington

Although the heading of a notice for the taking of a deposition was not technically correct, yet if there could have been no mistake made as to the case to which the notice applied and the notice was properly served, and the deposition was taken at the place and time specified in the notice, it may properly be admitted in evidence. Gormley v. Bunyan, 1086 is in the United States. DESCENT AND DISTRIBUTION. DOMICIL. See also EVIDENCE, 8.

ld.

1078

See also ESTOPPEL, 3; TERRITORIES, 3. Although the wife may be residing in another 1. The Edmunds-Tucker Law of March 3, place, the domicil of the husband is her domi1887 (24 Stat. at L. 635), disapproving and cil. Even where a wife is living apart from annulling the legislation of Utah recognizing her husband without sufficient cause, his domthe inheritable capacity of the issue of polyga- icil is in law her domicil. Anderson v. Watt, mous marriages, excepts all children declared legitimate by 7 of the Act of 1882, and all illegitimate children born within twelve months after the passage of the Act. Cope v. Cope, 832 2. An illegitimate child whose father died in 1864, in Utah, inherits from the father under The interest of the discoverer of the Island the Territorial statute of 1852, which provides of Navassa, conferred by the Guano Islands that illegitimate children and their mothers Act Aug. 18, 1856, § 2, giving him the exclu

DOMINION. See DISCOVERY, 1.
DOWER.

sive right of occupying it to obtain, sell, and
deliver the guano if it can possibly be consid-
ered an estate in land, is an estate at the will of
the United States, from whom it was derived,
and therefore is not subject to dower at com-
mon law. Duncan v. Navassa Phosphate Co.
825

DUE PROCESS. See CONSTITUTIONAL
LAW, 29, 36; CRIMINAL LAW, 5.

DUTIES. See also EVIDENCE, 16; TRIAL, 16.

1. In the interpretation of customs Acts, when goods of a particular kind which would otherwise be comprehended in a class are subjected to a distinct duty from that imposed upon the class generally, they are taken out of that class for the purpose of the assessment of duties. Seeberger v. Cahn, 599

2. Goods imported before the Act of Congress of March 3, 1883, took effect, if kept in the custody of the custom officers until after that period, are to be charged with duties according to the law in force when they are entered for consumption. Sherman v. Robertson,

540

3. A merchant appraiser is not an officer of the United States, required under U. S. Const. art. 2, § 2, to be appointed by the President, or a court of law, or the head of a department. Auffmordt v. Hedden, 674 4. Under the statute as to duties, the question of the dutiable value of the merchandise is not to be tried before the appraisers as if it were an issue in a suit in a judicial tribunal; the proceedings for appraisal are of a summary character. ld.

11. A protest which consisted of two forms of protest pasted together and signed at the end of the second piece of paper, is a sufficient protest against the two exactions named in both, -to wit, excessive duty on goods, and on the commissions. ld.

12. A protest which indicates to an intelligent man the ground of the importer's objection to the duty levied upon the articles is not insufficient because of the brevity with which the objection is stated. ld.

13. The omission of the date in a protest is immaterial, where the protest is in proper form, and is attached to the invoice of merchandise mentioned therein, and is duly signed.

15. That a specific protest is filed after a general prospective protest does not necessarily

show an intention to abandon all claim under the prospective clause. Id.

16. U. S. Rev. Stat. §§ 2901, 2911, 2912, 2915, do not, nor does the Act of May 1, 1876, require that a bale of tobacco must be considered as a unit for the purpose of imposing the duty; but the contents of the bale containing separable and separated quantities of leaf tobacco of two different qualities are subject to two different duties. Falk v. Robertson,

645

17. Under U. S. Rev. Stat. tit. 33, § 2503, 5. The determination of appraisers as to the which imposes a duty on leaf tobacco of which dutiable value of goods is conclusive, and not 85 per cent is of the requisite size and fineness re-examinable in a suit at law, provided the ap to be suitable for wrappers, and a less duty praisers are selected in conformity with the upon all other tobacco, the addition to a bale statute, and, in appraising, act within the score of fine tobacco suitable for wrappers, of enough of the powers conferred upon them. Id. inferior tobacco to reduce the proportion in the entire bale of the fine wrapper tobacco below 85 per cent, does not make the whole bale of tobacco dutiable at the less duty, where the inferior tobacco is separated in the bale from the wrapper tobacco, so that one kind is readily distinguishable and separable from the other when the bale is open.

6. It is not allowable, in a suit to recover back duties, for the plaintiff to try before the jury the question as to the actual value of the goods, and whether the appraisers followed the evidence before them, or disregarded it. Id. 7. The ascertainment and liquidation of the duties upon merchandise entered in bond for warehouse may take place at any time after the original entry of the merchandise, and need not be delayed until the importer withdraws his goods for consumption. Merritt v. Cameron, 772 8. The ten days referred to in U. S. Rev. Stat. § 2931, within which the importer is allowed to protest, begin to run upon the ascertainment and liquidation of the duties upon the merchandise imported, and not upon withdrawal of the goods by the importer. Id; Cadwalader v. Partridge, 783

9. A decision by the Secretary of the Treasury or by a court, reversing a previous erroneous ruling of the department, is of no aid to an importer who has not duly protested against a similar ruling with respect to another importation. Cadwalader v. Partridge, 783

10. The production of a protest required to

ld.

sidered as itself wool or a manufacture of wool, within the meaning of the Customs Act of 1883, for by that Act a duty is imposed on shoddy of 10 cents per pound. Seeberger v. Cahn, 599

21. Though worsted is a product of wool, yet manufactures of worsted being subjected by the Customs Act of 1883 to different duties from those imposed on manufactures of wool, a manufacture of worsted cannot be considered as a manufacture of wool within the meaning of that statute.

Id. 22. Goods known as worsted and composed mainly of worsted, but mixed with a small proportion of shoddy and cotton, are by the Act of 1883 subject to duty as manufactures of worsted, and not as manufactures of wool. Id. 23. Matelasse cloth, composed of silk, cotton, and wool, silk being the component material of chief value, is dutiable under the Act of March 3, 1883 (22 Stat. 508, 510), schedule L, § 2502, at 50 per cent ad valorem. Hartranft v. Meyer, 110

EASEMENTS.

of an appeal, for the payment into court of double the amount of the award before enter ing on the land, is a certain and adequate provision for compensation. ld.

5. Though land condemned be entered on pending the appeal, the title does not pass and the land is not taken until compensation is actually made to the owner. Id.

6. If a company fails to pay the compensation for land condemned, fixed by a new trial provided for in the statute, it becomes a trespasser, and the owner will be entitled to compensation for the use of its property. Id.

7. The possibility of insolvency by a railroad company, and its inability to pay any damages in excess of the moneys paid into court, is not sufficient ground for holding a provision made for securing compensation in case of an appeal inadequate, where it requires double the award to be paid into court before taking possession.

8. An offer to pay into court double the amount awarded by the referees for land condemned is not a compliance with the Act of Congress of June 4, 1881; the moneys must be actually paid into court before the company can enter upon the lands to construct its road. ld.

An easement for the benefit of the public, which may be availed of with the consent of 9. A bill to enjoin a railway company from the authorities by other railroad companies, is maintaining its line through certain lands withcreated by a covenant between park commis-out making compensation, and also demanding sioners and a railroad company binding the latter to give the use of its right of way through as a petition for appeal from the condemnation just and adequate compensation, may be good a park and over a connection therewith, upon proceedings, although the equitable relief asked certain conditions, to other railroad compa- is inconsistent therewith and must be disre nies. Joy v. St Louis, EJECTMENT.

843

1. Under a State Constitution which forbids the taking or damaging of private property for public use without compensation, a railroad company cannot use a street for its track, even under legislative or municipal authority, without compensation to adjoining lotowners for injury to their property and its consequent diminution of value. Hot Springs R. Co. v. Wil liamson, 355 2. An ordinance of a city having the power, authorizing a railroad company to construct and maintain its track and embankment in the street, cannot impair the constitutional right of an adjoining lotowner to compensation for injury to his ingress and egress. Id.

3. The constitutional guaranty that private property cannot be taken "for public use without just compensation" is fulfilled if provision is made for compensation, which is sure and adequate. Cherokee Nation v. Southern K. R. Co.

295

4. An Act which forbids the construction of a railway until full compensation be made to the owner of the lands, and provides, in case

garded.

Id.

ENLISTMENT. See ARMY AND NAVY,
2, 3.

EQUITY. See also ACTION OR SUIT, 4, 6, 7;
CLOUD ON TITLE, 3; COURTS, 32.

1. By law of Congress, suits in equity shall
not be sustained in the courts of the United
States in any case where a plain, adequate, and
complete remedy may be had at law.
head v. Shattuck,

White873

2. A suit in equity for a naked account of profits and damages against an infringer of a Waterman v. patent cannot be sustained. Mackenzie,

923

3. Inadvertence and mistake are, equally with fraud and wrong, grounds for judicial interference to devest a title acquired thereby. 1026 Williams v. United States,

4. The remedy at law would be wholly inadequate where the continuing right to use a right of way is denied, and therefore the case is within the jurisdiction of equity. Joy v. St. Louis, 843

5. The owner of the equitable title to moneys deposited in a bank may maintain a suit in equity against the bank to enforce his right; this remedy is not one at law. Union Stockyards Nat. Bank v. Gillespie,

724

6. That there is no rule by which the damages can be estimated with precision is not a conclusive objection against a resort to a court of law. Texas & P. R. Co. v. Marshall, 385

ESTOPPEL. See also BONDS, 3; CON- | running lengthwise on the inside, and having

TRACTS, 13; PLEADING, 8.

a revolving central shaft, and a long opening on one side through which the hides are drawn, 1. Where one assumes by his deed to convey as they are between the bars of the patented a title and obligates himself to protect the grantee in his enjoyment of it, he is estopped apparatus, and also having sliding disks which from asserting an after-acquired title and turn-apply pressure at the ends of the horizontal coil ing his grantee over to a suit on his covenant of hides. Royer v. Schultz Beting Co. for redress. Ryan v. United States,

447

2. Mere descriptive words in other proceedings do not estop one from showing the truth as to his residence. Reynolds v. Adden, 360 3. One who has never accepted a succession as unconditional heir, not being liable for the ancestor's debts, is not estopped from claiming lands which he had fraudulently conveyed. New Orleans v. Whitney, 1102

EVIDENCE.

I. JUDICIAL NOTICE.

214

II. PRESUMPTIONS AND BURDEN OF PROOF.

9. The burden is upon him who alleges a breach of a contract to tow a vessel, to show either that there has been no attempt at perunskillfulness to his injury in the performance. The Burlington v. Ford,

II. PRESUMPTIONS AND BURDEN OF PROOF. formance, or that there has been negligence or

III. DOCUMENTARY.

IV. EXTRINSIC EVIDENCE

WRITINGS.

CONCERNING

V. OPINIONS; DECLARATIONS; RES GESTÆ.
VI. RELEVANCY AND MATERIALITY.
VII. WEIGHT; SUFFICIENCY.

III. DOCUMENTARY.

731

10. Where insurers were not parties to a suit upon the decree in which a vessel was sold for repairs, the record of the suit is not evidence

See also CLAIMS; COURTS-MARTIAL, 2; WIT- against them to prove an acceptance of abanNESSES, 3.

1. JUDICIAL NOTICE.

1. The courts of the United States take judicial notice of all the public statutes of the several States. Gormley v. Bunyan, 1086 2. The court will not take judicial notice that a patented design is new. New York Belting & P. Co. v. New Jersey Car-Spring & R. Co. 741

3. The Supreme Court of the United States may take judicial notice of official statements made by the head of one of the branches of the executive department, which relate to the public records under his control. Heath v. Wallace, 1063

donment. Richelieu & O. Nav. Co. v. Boston M. Ins. Co. 398

11. A deed, even if delivered only for purposes of examination and if the previous memorandum of sale is fatally defective under the Statute of Frauds, is competent to show the precise locality of the property which the memorandum of sale was intended to embrace. Ryan v. United States,

447

12. Act of Congress Aug. 3, 1882, § 5, as to evidence in extradition, applies only to papers, or copies thereof, which are offered in evidence by the prosecution to establish the criminality of the person apprehended, and does not apply to documents or depositions offered on the part of the accused. Cortes v. Jacobus, 464

competent evidence to identify and fix the boundaries of the land. Ayers v. Watson, 803

14. A report of the attorney-general of Kansas, to the governor of that State, in regard to the death of a person, which contains statements purporting to have been made by defendants, and which connected them with the killing of said person, is not evidence upon their trial for the homicide. Cook v. United States,

4. All courts of justice are bound to take 13. A certified copy of the map and of the judicial notice of the territorial extent of the original field notes of a survey of land, under a jurisdiction exercised by the government whose grant of the government of Coahuila and Texlaws they administer, or of its recognition or de-as, filed in the general land office of Texas, are nial of the sovereignty of a foreign power, as appearing from the public acts of the Legislature and Executive, although those acts are not formally put in evidence, nor in accord with the pleadings. Jones v. United States, 691 5. In the ascertainment of any facts of which the judges are bound to take judicial notice, as in the decision of matters of law which it is their office to know, they may refresh their memory and inform their conscience from such sources as they deem most trustworthy. Id. 6. It is not matter of judicial knowledge that a patent for a machine for treating raw. hides by winding and unwinding under pressure, which consists of a vertical crib of cylindrical bars in a circle around and concentric with a central shaft which has a vertical slot in which one end of a hide is held, and which has a weight on top of the hides when coiled within, is not infringed by a horizontal cylinder lined with semi-circular strips of wood

906