tors have petitioned is final, and the matters so adjudged are not there. after re-examinable, except in cases of fraud and imposition practiced on the court. In re Funkenstein, 605.
29. REVISED STATUTES AND OTHER ACTS PASSED AT SAME SESSION.The Revised Statutes must be regarded as passed on the first day of December, 1873, and all other acts of the same session of Congress passed that date are to be treated as subsequent acts, repealing the Revised Statutes, so far as they are inconsistent therewith. In re Ore. gon P. and P. Co., 614.
30. AMENDATORY BANKRUPT ACT OF 1874 CONSTRUED.-The act of June 22, 1874 (18 Stat. 178), purporting to amend and supplement the Bank. rupt Act of 1867 must be regarded as having passed after the passage of the Revised Statutes, and although referring in terms to the act of 1867, must be construed as referring to the provisions of that act as carried into, and expressed in the corresponding provisions of the Revised Statutes; and as amending and supplementing the provis ions of the statutes relating to bankruptcy as therein found expressed. Id.
31. CORPORATION-NUMBER OF PETITIONING CREDITORS.-Since the pas sage of the amendatory and supplemental Bankrupt Act of June 22, 1874, the same proportion of creditors must join in a petition seeking an adjudication in bankruptcy against a corporation, as is required in the case of natural persons. Id.
32. CHARACTER OF CORPORATION ALLEGED.-A petition in bankruptcy against a corporation which does not show that the corporation is either a moneyed, business, or commercial corporation, is insufficient. Id.
1. BOND FOR Value-AppraISEMENT.—Where property under bonds for duties is seized in a warehouse, the bond for value under the 89th section of the act of 1799 should represent its full market value, duties included. United States v. Cargo of Sugar, 27.
BURDEN OF PROOF.
See ADMIRALTY, 33.
1. TREATY WITH CHINA OF JULY 28, 1868. The sixth article of the treaty between the United States and China, adopted on the twenty. eighth of July, 1868, provides that Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities and exemptions in respect to travel or residence as may there be enjoyed by citizens or subjects of the most favored nation, and as the general government has not seen fit to attach any limitation to the ingress into the United States of subjects of those nations, none can be applied to the subjects of China. In re Ah Fong, 144.
1. CHINAMEN-CIVIL RIGHTS INDICTMENT. Where the indictment
avowed that one Ah Koo was deprived of a right secured to him by the
sixteenth section of the act of congress of May 31, 1870, in this, that there
was exacted from him the sum of four dollars, by the defendant, who
was then and there collector of taxes in Trinity county, under color of
a certain law of the State of California, which this indictment particu-
larly sets forth, but the indictment contained no averment that Ah Koo
was a foreign miner and within the provisions of the State law: Held,
bad on demurrer. United States v. Jackson, 59.
2. TREATY WITH CHINA OF JULY 28, 1868.-The sixth article of the
treaty between the United States and China, adopted on the twenty-
eighth of July, 1868, provides that Chinese subjects visiting or residing
in the United States shall enjoy the same privileges, immunities and
exemptions in respect to travel or residence as may there be enjoyed
by citizens or subjects of the most favored nation, and as the general
government has not seen fit to attach any limitation to the ingress into
the United States of subjects of those nations, none can be applied to
the subjects of China. In re Ah Fong, 144.
3. FOURTEENTH AMENDMENT OF THE CONSTITUTION.-The Fourteenth
Amendment to the Constitution declares that no State shall deprive
any person of life, liberty, or property, without due process of law;
nor deny to any person the equal protection of the laws: Held, that
this equality of protection implies not only equal accessibility to the
courts for the prevention or redress of wrongs, and the enforcement of
rights, but equal exemption with others of the same class from all
charges and burdens of every kind. Within these limits the power of
the State exists, as it did previously to the adoption of the amendment,
over all matters of internal police. Id.
1. CLERK'S CERTIFICATE-OF WHAT EVIDENCE.-The clerk of the United
States District Court can certify to copies of papers and orders in his
office; also, perhaps, to the absence of papers and orders in particular
His certificate is not evidence of any other facts stated therein.
Le Roy v. Jamison, 370.
1. TAX DEED, A CLOUD ON TITLE. Under the laws of Oregon (1865,
p. 10), a tax deed is primary evidence of title and the regularity of the
prior proceedings, which evidence can only be overcome by the proof
of certain facts dehors the deed; therefore the same casts a cloud upon
the title of the property. Tilton v. Or. Cent. Mil. Road Co., 22.
2. TAX DEED.-The general statute authorizes a tax collector for State
and county taxes to execute a deed upon a tax sale, and further pro-
vides that such deed shall be prima facie evidence of certain facts re-
cited therein, and conclusive evidence of the regularity of the proceed-
ings in all other respects. A subsequent statute provides that a town
tax in a certain town shall be assessed and collected at the same time,
and in the same manner as provided by said general act, and confers
upon the town treasurer all the powers exercised by the tax collector
of the State and county taxes under the general act, but makes no
provision as to the effect of the tax deed executed by the town treas-
urer, Held, that such deed will not be prima facie evidence of the reg-
ularity of the prior proceedings. Minturn v. Smith, 142.
3. TAX DEED-CLOUD'ON TITLE-A void tax deed which the statute does
not make prima facie evidence of the regularity of the assessment and
sale, does not cast a cloud-upon the title. Id.
COLLISION. ·
See ADMIRALTY, 33.
1. CARRIER-NEGLIGENCE.-Although the carrier is exempt from liability
for damage or deterioration arising from the nature of the goods or of
the voyage, yet, if there has been a want of proper care or skill on his
part in guarding against such damages, the injury will be ascribed to
his negligence. The Ship Invincible, 176.
2. LIABILITY OF MASTER OF VESSEL.-The master, as well as the owners
of a vessel, is a common carrier, and is personally responsible for his
own negligence and misfeasances. White v. McDonough, 311.
3. SOLDIER DISCHARGED AT SEA, STATUS OF.-A soldier on board ship,
for whose transportation the government had contracted was discharged
at sea during the yoyage: Held, that after his discharge the legal re-
lation of passenger to master did not exist between him and the mas-
ter, and that it was no breach of duty on the part of the master to
allow the soldier to be subjected to military discipline as he was when
the contract for carrying him was made and the voyage began. Id.
4. CARRIERS OF PASSENGERS.-Common carriers of passengers are bound
to use extraordinary care and diligence, and are excused only by reason
of force or pure accident. The Oriflamme, 397.
5. PASSENGER ENTITLED TO BERTH.-An undertaking to carry a passen-
ger in the steerage of a steamship from San Francisco to Portland
includes the furnishing of such passenger with a berth, unless there
is a fair understanding to the contrary. Id.
COMMISSIONER OF GENERAL LAND OFFICE.
1. COMMISSIONER OF LAND OFFICE, DUTIES.-The commissioner of the
general land office is attached to the Department of the Interior, and
acts under the direction and supervision of the head of that depart-
ment in all matters respecting the public lands of the United States.
The legislation of Congress respecting his office stated. Patterson v.
Tatum, 164.
CONFESSIONS.
See CRIMINAL LAW, 7, 8.
1. FOURTEENTH AMENDMENT OF THE CONSTITUTION.-The Fourteenth
Amendment to the Constitution declares that no State shall deprive
any person of life, liberty, or property, without due process of law;
nor deny to any person the equal protection of the laws: Held, that
this equality of protection implies not only equal accessibility to the
courts for the prevention or redress of wrongs, and the enforcement of
rights, but equal exemption with others of the same class from all
charges and burdens of every kind. Within these limits the power of
the State exists, as it did previously to the adoption of the amendment,
over all matters of internal police. In re Ah Fong, 144.
2. STATUTE OF CALIFORNIA CONFLICTS WITH ACT OF CONGRESS.-On
the thirty-first of May, 1870, Congress passed an act declaring that
no tax or charge shall be imposed or enforced by any State upon any
person immigrating thereto from a foreign country which is not equally
imposed or enforced upon every person immigrating to such State from
any other foreign country, and any law of any State in conflict with
this provision is hereby declared null and void:" Held, 1. That the
term charge, as here used, means any onerous condition, and includes
a condition which makes the right of an immigrant, arriving in the
ports of the State, to land within the State depend upon the execution
of a bond by a third party, not under his control, and whom he cannot
constrain by any legal proceedings; and, 2. That the statute of Cali-
fornia, which prohibits foreign immigrants of certain classes, arriving
in the State of California by vessel, from landing until a bond shall
have been given by the master, owner or consignee of the vessel that
they will not become a public charge, and imposes no condition upon
immigrants of the same class entering the State in any other way, is
in conflict with the act of Congress. Id.
3. BANKRUPT ACT APPLICABLE TO RAILROAD COMPANIES.
1. That the question of the constitutionality of the provisions of the
Bankrupt Act which apply to persons other than merchants and traders
is not longer open to discussion. 2. That it has never been decided
that a “law on the subject of bankruptcy," within the meaning of the
Constitution, must provide for the discharge of all persons subject to
its provisions. In re California Pacific Railroad Co., 240.
CONSTRUCTION OF STATUTES.
See REVISED STATUTES; STATUTES CONSTrued.
See STOPPAGE IN TRANSITU.
1. COPYRIGHTS.--Under sections 4952 and 4956 of the Revised Statutes of
the United States, an author cannot obtain an exclusive right to his
work unless before publication he delivers to the librarian of Congress,
or deposits in the mail, addressed to him, a printed copy of the title of
the work or map; and, also, within ten days from the publication, de-
liver to the said librarian, or deposit in the mail, addressed to him,
two copies thereof. Parkinson v. Laselle, 331.
2. SAME DEMURRER TO BILL.--A bill in chancery to restrain the infringe-
ment of a copyright, acquired under Chapter III, Title LX, of the Re-
vised Statutes, which does not allege the performance of the acts re-
quired to be performed by the author in section 4956 of said statute,
is insufficient. Id.
1. SEAL.-A corporation cannot execute a deed otherwise than under its
seal. In re St. Helen Mill Co., 88.
2. MORTGAGE-HOW CREATED.-A lien by way of mortgage can only be
created by a deed under seal. Id.
3. DEED OF CORPORATION. —A corporation cannot make a deed unless
the directors, or a majority of them, meet together as a board, and so
determine; and the only evidence of such meeting and action is the
"record" required to be kept by the secretary. Id.
4. STOCKHOLDERS' MEETING.-A stockholders' meeting has no authority
to elect a president and secretary of the corporation. Id.
5. SAME NOTICE OF.-Meeting of stockholders without notice is invalid.
Id.
6. FOREIGN CORPORATION, ACTS OF, WHEN VOID.-A statute of Oregon
provides that "a foreign corporation before doing business in the State,
must duly execute" a power of attorney, appointing an agent upon
whom all process may be served in suits against such corporation:
Held, that such a corporation before complying with said act, had no
power to contract or sue in the State, and that the act was prohibitory
and anything done by the corporation contrary to it, was illegal and
void. In re Comstock, 218.
7. ESTOPPEL IN PAIS.-The doctrine of estoppel in pais does not extend so
far as to enable a person or corporation to do in effect what is forbidden
by law, or what they are otherwise incapable of doing, and therefore a
party to a contract with a foreign corporation made in violation of the
above mentioned act, is not estopped to show its illegality for the pur-
pose of preventing a recovery upon it. Id.
8. MONEYED CORPORATIONS.-Railroad corporations are comprehended
within the words "moneyed business or commercial corporations," in
the Bankrupt Act. The act declares that the word "person" shall in-
clude corporations, and service is therefore to be made personally on a
corporation by delivering a copy of the petition and order to show cause
to its head or principal officers, and the usual place of abode" must
be construed to mean the principal place of business where alone it can
be said to reside. In re California Pacific Railroad Co., 240.
9. CORPORATION-NUMBER OF PETITIONING CREDITORS.-Since the pas-
sage of the amendatory and supplemental Bankrupt Act of June 22,
1874, the same proportion of creditors must join in a petition seeking
an adjudication in bankruptcy against a corporation, as is required in
the case of natural persons. In re Oregon Bulletin P. and P. Co., 614.
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