ADMIRALTY.

See "Collision"; "Maritime Liens"; "Sal vage"; "Seamen"; "Shipping"; "Towage." Applicability of rules of admiralty to internal revenue proceedings, see "Internal Revenue." Authority of consular officers over maritime matters, see "Ambassadors and Consuls."

§ 1. Jurisdiction.

A citizen of the United States cannot be deprived by treaty of his constitutional right to invoke the jurisdiction of the national courts of admiralty to determine a cause within the admiralty and maritime jurisdiction, to which he is a party and which is cognizable within the United States.-The Neck (Ď. C.) 144.

§ 2. Parties, process, claims, and stipulations or other security.

On a summary motion on the pleadings to vacate the attachment of a vessel for manifest want of equity on the part of the libelant, filed pursuant to admiralty rule 35 of the District Court of the District of Washington, the truth of the new facts alleged in the answer cannot be assumed, being deemed denied under general admiralty rule 51.-The Celtic Monarch (C. C. A.) 711; The Sea Lion, Id.

*In fixing the amount of the stipulation for the release of a libeled vessel, where there is a dispute as to its value, which is less than libelant's claim, the bond will be required for the highest amount, subject to the right of the claimant on final hearing to prove the value to which libelant's recovery will be limited.-The Twilight (D. C.) 1005; The Mary J. Walker,

Id.

ADMISSIONS.

In pleading, see "Equity," § 4.

ADVERSE POSSESSION.

§ 1. Operation and effect.

Where an unincorporated religious society had claimed and occupied land in controversy for more than 30 years, it would be presumed that the lost deed, under which it claimed title, conveyed the land to trustees for the society's benefit.-Penny v. Central Coal & Coke Co. (C. C. A.) 769.

1. Exclusion or expulsion.

*The marriage of a Chinese slave girl, whose entry into the United States was secured by fraud, to a Chinese laborer resident in this country, held no defense to proceedings for her deportation.-United States v. Ah Sou (C. C. A.) 775.

slave girl, illegally brought into this country The fact that the deportation of a Chinese for purposes of prostitution by her master, from whom she subsequently escaped, would result in remanding her to slavery and degrada tion, affords no ground upon which the courts can refuse to enforce the statute.-United States v. Ah Sou (C. C. A.) 775.

AMBASSADORS AND CONSULS.

The surety on the bond of a consular officer cannot be held liable for the statutory penalty incurred by the principal, under Rev. St. 1723 [U.S. Comp. St. 1901, p. 1185], for charging excessive fees, where such fees, including the excess, have been charged against him in his *A religious society having had uninterrupt- account and paid to the Treasury Department. ed possession of land in controversy for 30-United States v. Ballantine (C. C. A.) 312. years or more, it would be presumed, in the absence of a deed, that its entry was under a purchase and that its grantor had a lawful right to convey.-Penny v. Central Coal & Coke Co. (C. C. A.) 769.

Article 13 of the treaty of December 11, 1871, States (17 Stat. 928), which gives consular between the German Empire and the United officers of the respective parties exclusive ju risdiction of differences between captains and crews of their own nation, does not exempt a German ship employing seamen in a port of the United States from the obligation to observe the provisions of Act Dec. 21, 1898, c. 28, § 24. 30 Stat. 763 [U. S. Comp. St. 1901, p. 3079]: nor does it deprive courts of admiralty of the United States of jurisdiction to determine the rights of an American seaman thereon who entered and left the service in this country.-The Neck (D. C.) 144.

* Point annotated. See syllabus.

AMENDMENT.

Of particular legal proceedings.
Petition in bankruptcy, see "Bankruptcy," § 1.
Pleading in condemnation proceedings, see
"Eminent Domain."

Specifications of objections to discharge in
bankruptcy, see "Bankruptcy," § 72.

AMOUNT IN CONTROVERSY.
Jurisdictional amount, see "Courts," § 3.
Jurisdictional amount on appeal in bankruptcy,
see "Bankruptcy," § 8.

AMUSEMENTS.

obvious error has intervened.-Big Six De-
velopment Co. v. Mitchell (C. C. A.) 279.

Where a bill of exceptions was settled and
certified, though not served and filed, as re-
quired by Circuit Court rules 23, 26, a motion to
strike the same would be denied.-City of Seat-
tle v. Board of Home Missions of Methodist
Protestant Church (C. C. A.) 307.

It is not ground for the dismissal of an ap-
peal that decrees in other suits between the par-
ties involving the same issues were entered sub-
sequent to the one appealed from and based
upon that decree, from which no appeals were
taken.-Copper River Min. Co. v. McClellan (C.
C. A.) 333.

A motion for continuance is addressed to the
sound discretion of the court, and its action

Negligence in conducting amusement grounds, thereon is not reviewable, unless there has been
see "Negligence," § 1.

ANIMALS.

Adoption by federal court of state laws as
rules of decision in action for breach of con-
tract for transportation of, see "Courts," § 5.
Carriage of live stock, see "Carriers," § 3.

ANSWER.

In pleading, see "Equity," § 2.

APPEAL AND ERROR.

See "Exceptions, Bill of"; "New Trial."
Affirmance of interlocutory judgment on appeal
as bar to another suit, see "Judgment," § 3.
Appellate jurisdiction of particular courts, see
"Courts," §§ 6, 7.

Review in special proceedings, see "Bankrupt-
cy," 8; "Habeas Corpus," § 2.

1. Nature and form of remedy.

*An appeal is not the appropriate remedy for
reviewing alleged errors committed on the trial
of an action at law, and will not be entertained.
-Roberts v. Great Northern Ry. Co. (C. C. A.)

711.

§ 2. Record and proceedings not in rec-
ord.

On appeal in an equity case, recourse cannot
be had to an opinion filed by the court below to
ascertain the facts, where there is no evidence in
the record; and, where the case was decided on
issues of fact, it cannot be reviewed.-Town-
send v. Beatrice Cemetery Ass'n (C. C. A.) 381.

3. Review.

Where improper evidence is received, the pre-
sumption is that it was prejudicial.-National
Biscuit Co. v. Nolan (C. C. A.) 6.

An objection that a verdict is excessive will
not be reviewed by the Circuit Court of Appeals.
-Cook v. Proskey (C. C. A.) 273.

On appeal from a decree in chancery, it will
be presumed that the findings of the trial judge
on conflicting evidence are correct, unless an

an abuse of discretion.-Copper River Min. Co.
v. McClellan (C. C. A.) 333.

In an action to recover the value of timber
alleged to have been wrongfully cut from the
public domain, defendant held not prejudiced by
the admission of evidence that certain timber
in the vicinity had been sold by the state for
$2.10 per thousand.-Lynch v. United States
(C. C. A.) 535.

§ 4. Liabilities on bonds and under-
takings.

An appeal held to have been prosecuted to ef-
fect within the meaning of the condition of the
supersedeas bond.-Crane v. Buckley (C. C. A.)

22.

APPLIANCES.

Liability of employer for defects, see "Master
and Servant," § 1.

APPORTIONMENT.

Of salvage compensation, see "Salvage," § 1.
ARBITRATION AND AWARD.

See "Reference."

ASSESSMENT.

Of damages, see "Damages," § 2.
Of damages for injuries caused by public im-
provement, see "Municipal Corporations," § 1.
Of tax, see "Taxation," 3.

ASSIGNMENTS.

Champertous assignments, see "Champerty and
Maintenance."

For benefit of creditors, see "Assignments for
Benefit of Creditors."

In bankruptcy, see "Bankruptcy," § 2.
Transfers of particular species of property.
rights, or instruments.

See "Insurance," § 2; "Patents," § 8.
Corporate shares, see "Corporations," § 1.
Point annotated. See syllabus.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

see "Bankruptcy."

1. Accounting, settlemeut, and discharge of assignee.

*An allowance of 5 per cent. to an assignee of an insolvent on the money handled by him was reasonable.-Drey v. Watson (C. C. A.) 792.

ASSOCIATIONS.

See "Trade Unions."

ASSUMPTION.

Failure to plead discharge in bankruptcy as ground for opening or vacating judgment, see "Judgment," § 1.

Privilege of witness in bankruptcy proceedings, see "Witnesses," § 2.

§ 1. Petition, adjudication, warrant, and custody of property.

Where the validity of the claim of a petitioning creditor in involuntary bankruptcy proceedings is put in issue by the bankrupt's answer, and the issue is heard upon evidence and determined in favor of the creditor, such adjudication is conclusive upon the bankrupt and all other creditors.-Ayres v. Cone (C. C. A.) 778.

Evidence considered, and held insufficient to establish the existence of a partnership between the defendants in involuntary proceedings in bankruptcy as alleged in the petition. Of risk by employé, see "Master and Servant," Jones v. Burnham, Williams & Co. (C. C. A.) § 1. 986.

ASYLUMS.

The action of a board of trustees of a hospital in postponing the election of a physician on the expiration of the term of the incumbent held not to amount to an implied contract of reemployment for another term.-Taber v. Trustees of State Hospital for Iusane of Southeastern Dist. of Pennsylvania (C. C. A.) 865.

ATTACHMENT.

*To sustain proceedings in involuntary bankruptcy against a person as a partner in a firm, a partnership in fact must be shown, and the burden of proof on the issue rests upon the petitioners.-Jones v. Burnham, Williams & Co. (C. C. A.) 986.

30 Stat. 564 [U. S. Comp. St. 1901, p. 3449], Under Bankr. Act July 1, 1898, c. 541, § 67d, an insolvent having made a valid equitable assignment of certain insurance policies while solvent, a subsequent legal assignment thereof after loss, when he was insolvent, did not constitute 1898, c. 541, § 3, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422].-Wilder v. Watts (D. C.) 426.

Against municipal corporations, see "Municipal an act of bankruptcy, within Bankr. Act July 1, Corporations," § 4.

1. Liabilities on bonds or undertakings.

Where a redelivery bond in attachment was executed to the receiver of a corporation, his successors and assigns, a termination of the receivership did not discharge the surety from liability on the bond.-American Surety Co. v. Campbell & Zell Co. (C. C. A.) 531.

Where a redelivery bond in attachment was given to indemnify the receiver of a corporation, his successors and assigns, the corporation, on termination of the receivership, held entitled to prosecute an action on the bond.American Surety Co. v. Campbell & Zell Co. (C. C. A.) 531.

ATTORNEY AND CLIENT.

Absence of counsel ground for continuance, see "Continuance."

Attorney's fees, in receivership proceedings, see "Receivers." § 2.

BAILMENT.

See "Carriers," § 2.

BANKRUPTCY.

See "Assignments for Benefit of Creditors." Discovery in bankruptcy proceedings, see "Discovery," § 1.

Facts held to require denial of leave to amend an involuntary bankruptcy petition, alleging acts of bankruptcy occurring subsequent to those alleged in the original petition.-Wilder v. Watts (D. C.) 426.

Where two petitions in involuntary bankruptcy were filed against a corporation, each alleging the same act of bankruptcy in the appointment of receivers of the corporation, and both petitions were defective, and the petitioning creditors took part in the proceedings in which the receivers were appointed, and there was no evidence that the corporation was insolvent within the bankruptcy act, and the estate was in course of administration, applications to amend petitions should be denied, and the petitions dismissed.-Woolford v. Diamond State Steel Co. (D. C.) 582; Madeira Hill & Co. v. Same, Id.

Where petitions in involuntary bankruptcy against a corporation were defective, and the corporation was in the hands of a receiver, leave to amend should not be granted, though, if the petitions had not been defective, the pe titioners would have had a right to support them by evidence, and, if successful, to have the_corporation adjudged bankrupt.-Woolford v. Diamond State Steel Co. (D. C.) 582; Madeira Hill & Co. v. Same, Id.

A partnership is not insolvent, within the meaning of Bankr Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418], when the property of the partnership, together with Point annotated. See syllabus.

A deed of trust, executed by a bankrupt to
his wife more than four months prior to the An adjudication in bankruptcy draws to the
filing of the bankruptcy petition, held sustaina- bankruptcy court jurisdiction to administer all
ble as a valid lien to the extent of the amount of the property of the bankrupt, even though it
secured thereby.-In re Porterfield (D. C.) 192. may be subject to a valid lien acquired by the
A suit under Code W. Va. 1899, c. 74, 82, months prior to the bankruptcy.—In re Baugh-
levy of an execution thereon more than four
brought within four months of the filing of a
petition in bankruptcy, held void as a proceed-man (D. C.) 742.

ing for the institution of a lien, within Bankr. A referee in bankruptcy, on ruling that cer-
Act July 1, 1898, c. 541, § 67, cl. "f," 30 Stat.tain questions which a witness refused to an-

*Point annotated. See syllabus.

swer, etc., were improper, held not bound, at the request of one of the parties, to certify the witness' alleged contempt to the court for decision. -In re Romine (D. C.) 837.

Under Gen. Bankr. Order 27 (89 Fed. xi, 32 C. C. A. xxvii), a referee, on sustaining objections to questions asked of a witness on the taking of his deposition before him, held not bound to certify such rulings to the court for revision. In re Romine (D. C.) 837.

Under Gen. Bankr. Order 22 (89 Fed. x, 32 C. C. A. xxv), a referee, in taking testimony, must have it taken down, and, on objection, set out the question, the objection, his ruling, and then allow the question to be answered, though his ruling be adverse.-In re Romine (D. C.) 837.

Where a bankrupt constructed an addition to a building on leased ground, whether the building was a fixture as against the landlord could not be determined, in advance of a sale of the bankrupt's assets and an attempt to sever. -In re Gorwood (D. C.) 844.

The president and treasurer of a bankrupt corporation, on his examination before the referee, may properly be required to make known to the trustee the combination of a safe owned by the corporation and alleged to contain assets. In re Hooks Smelting Co. (D. C.) 954. § 5. Actions by or against trustee. A court of bankruptcy held to have jurisdiction to restrain the threatened sale of all of the assets of a bankrupt corporation on the foreclosure of a trust deed, under Bankr. Act July 1, 1898, c. 541, § 2, cl. 15, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3421]. In re Jersey Island Packing Co. (C. C. A.) 625.

A Circuit Court is without jurisdiction of a suit in equity against trustees in bankruptcy to require them to pay over the proceeds of property claimed by complainant, but which was sold by defendant under an order of the bankruptcy court as assets of a bankrupt estate.-Treat v. Wooden (C. C.) 934.

Instructions considered and approved in an action by a trustee in bankruptcy to recover the value of property alleged to have been transferred by the bankrupt with intent to hinder, delay, and defraud his creditors.-Montgomery v. McNicholas (D. C.) 956. § 6.

Claims against and distribu

tion of estate. Creditors of a bankrupt, who desire to contest the claim of another creditor, as parties in interest, under Bankr. Act July 1, 1898, c. 541, § 57d, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443], must file objections on their own account, and cannot become parties to the issue by formally adopting objections filed by the bankrupt; nor can they contest the claim on an appeal taken by the trustee in which they do not join.-Ayres v. Cone (C. C. A.) 778.

On presentation of a claim against a bank- | rupt's estate, pleadings other than the verified claim provided for by Bankr. Act July 1, 1898, c. 541, § 57, 30 Stat, 560 [U. S. Comp. St. 1901,

Under Bankr. Act July 1, 1898, c. 541, § 57i, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443), where a wife became surety for her husband, who became a bankrupt, she was either entitled to prove the claim in the name of the creditor, in case of its failure so to do, or to pay the debt and be subrogated to the creditor's rights to the husband's estate in bankruptcy.-In re Carter (D. C.) 846.

An arrangement between a claimant against a bankrupt and the corporation organized to continue the bankrupt's business held not to operate as a payment of the claim, nor preclude the claimant from proving the same against the bankrupt's estate.-Haas-Baruch & Co. v. Portuondo (D. C.) 949.

In a suit by a bankrupt's trustee to recover an alleged preference, whether defendant had reasonable cause to believe a preference was intended held a question for the jury.—Sundheim v. Ridge Avenue Bank (D. C.) 951.

order of distribution as to commissions allowed the trustee, filed long after the time fixed therefor by rule of court, and after the commissions have been approved at a creditors' meeting and paid, will not be entertained.-In re Scherr (D. C.) 695.

A petition of a creditor to review a referee's

872. Rights, remedies, and discharge of bankrupt.

*An averment, in a petition for revocation of the discharge of a bankrupt, merely that petitioners are "creditors" of the bankrupt, is insufficient to show that they are "parties in interest," entitled to object to the discharge, or to file such petition, under Bankr. Act July 1. 1898, c. 541, § 14b, 30 Stat. 550, as amended by Act Feb. 5, 1903, c. 487, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 411].-In re Chandler (C. C. A.) 637.

Where specifications of objection to a bankrupt's discharge filed with a referee were not sufficiently specific, the referee's only duty was to report back to the court that no specifications had been filed sufficient to require the taking of testimony.-In re Hendrick (D. C.) 473.

A bankrupt, though entitled to file papers in resistance of specifications against his discharge, is not bound to do so.-In re Hendrick (D. Č.) 473.

Specifications of objections to a bankrupt's discharge held amendable to cure a defect in form.-In re Hendrick (D. C.) 473. Point annotated. See syllabus.