appeal from the District Court to the Circuit Court had been taken
from the entire decree, by the owners of the tow, who had ordered the
tug, and who had undertaken her defence as well as their own, and
thus represented the entire interest of the losing party in the suit, an
appeal by the tug from the Circuit Court to this court was entertained
here, though the tug had not in form appealed from the decree of the
District Court. The Mabey and Cooper, 204.
11. A decree in admiralty in the District and Circuit Courts for a greater
amount than the sum for which the sureties were bound on their bond
to release the vessel, reformed by the Supreme Court so as not to ex-
ceed that sum. The Steamer Webb, 406.
12. Where exceptions of form are taken on a libel in admiralty in the Dis-
trict Court, but are not found in the record of an appeal to the Circuit
Court, or from the Circuit Court to the Supreme Court, and do not
appear to have been brought to the attention of the Circuit Court, or
acted on in any manner by it, they must be held in the Supreme Court
to have been waived. The Vaughan and Telegraph, 258.
II. IN CIRCUIT AND DISTRICT COURTS.
13. Where a mortgagor has filed a bill of revivor against the personal
representatives and not including the heirs of a mortgagee who had
bought the mortgaged property under a proceeding supposed to be a
valid sale of foreclosure, but which was, in fact, a proceeding wholly
void, and has had the bill dismissed and a decree that he is himself
still owner, and that he pay the balance unpaid of the mortgage-
money, though the fact that the decree did not order the heirs of the
mortgagee purchaser to convey, cannot be taken advantage of on
error, yet the execution of the decree for payment may be stayed
until the outstanding title have been brought back. Bigler v. Wal-
ler, 297.
14. Where a charge is merely ambiguous, a party dissatisfied with it ought,
before the jury leave the bar, to ask the court to make it clear. He
should not take his chance with a jury, and then, after the verdict is
against him, claim the benefit of the ambiguity on error. Improve-
ment Company v. Munson, 442.
15. The rule as to necessary parties in a chancery proceeding, stated. Trad-
ers' Bank v. Campbell, 87.
16. Decrees in admiralty in rem should not exceed the amount for which
the suretics were bound on stipulations for a discharge of the vessel
from the marshal's custody. The Steamer Webb, 406.
IV. IN THE COURT OF CLAIMS. See supra, 8; Court of Claims,
PREFERENCE, FRAUDULENT. See Bankrupt Act, 1, 4, 5.
A prima facie exists that the military and fiscal officers of the United
States have done their duty. United States v. Crusell, 1.
PROBATE OF WILL. See Purchaser without Notice, 2.
PROCESS. See Patents, 4-7.
PROFITS. See Patents, 7, 8, 9; Rents and Profits.
PUBLIC LANDS. See Auction Sales.
PURCHASER WITHOUT NOTICE. See Corporate Securities.
1. When two corporations united their vessels and other property used in
navigation, and formed a new corporation, in which no money was
paid by either party, and in the contract of consolidation made ar-
rangements for the payment of the debts of one or both before any
dividends should be declared in the new stock, the new corporation
cannot avail itself of the doctrine applicable to such a purchaser with-
out notice; and a lien, three years and a half old, will be enforced
against one of the vessels so transferred to the new corporation. The
Key City, 653.
2. A person purchasing for value in one State under a will probated in it, on
a surrogate's order of another State, where the decedent died, admit-
ting the will to probate there, will be protected in his purchase
against heirs-at-law, though after the purchase the surrogate's order
have been reversed by the highest court of the State where the order
was made, and the supposed will declared null; the reversal having
been made after the sale and after the devisee in the will had sold out
all his interest under it to the heirs-at-law; and the purchaser from
the devisee not having been made a party to the proceedings setting
the surrogate's order aside. Foulke v. Zimmerman, 113.
In construing the third section of the act of March 3d, 1865, increasing
the commutation price of officers' subsistence, by fixing it at fifty cents
per ration, "provided that said increase shall not apply to the com-
mutation price of the rations of any officer above the rank of brevet
brigadier-general". -a brigadier-general is to be regarded as above
the rank specified.. United States v. Hunt, 550.
Not necessary to satisfaction of a disputed claim of a contractor with the
government, referred to a commission when any sum found by the
commission as due has been accepted. United States v. Justice, 535.
RECEIVER. See National Banks, 3, 4.
Is cut off by a sale for taxes under the act of February 6th, 1863, and the
act of June 7th, for the collection of taxes in insurrectionary districts.
Turner v. Smith, 553.
An actual pernancy of, necessary to charge one who claims only through
a proceeding supposed to be a valid foreclosure, but which in fact
is wholly void, and therefore no sale at all. Bigler v. Waller, 297.
RENUNCIATION OF TRUST. See Trust
REPLICATION DE INJURIA.
Effect of, considered on the authorities. Erskine v. Hohnback, 613.
REPRESENTATIONS. See Insurance, 5.
The rule applied in a case of a claim by a ferry-boat, for demurrage in
getting repaired, where there was no charter rate per day, and where
the rate was fixed by the superintendents of neighboring ferries. The
Cayuga, 270.
1. War distinguished from marine. Morgan v. United States, 531.
2. Extraordinary marine from ordinary marine. Leary v. United States,
607.
A vessel undertaking in good faith to perform the office of salvor to a
derelict vessel held not responsible for the latter having been wholly
lost in the effort to save her. The Laura, 336.
Where a contractor with the United States and the United States disagree
as to what is justly due to the contractor, and the question is referred
to a commission constituted by proper authority to audit such claims
as that of the contractor's, and the commission finds a certain sum as
justly due, and the contractor receives that sum, he cannot sustain a
claim in the Court of Claims for a further sum, even though he have
given no receipt in full. United States v. Justice, 535.
SHIPS AT SEA. See Judicial Notice; Laws of the Sea; Lights at Sea and
on Rivers.
SLAVE CONTRACTS. See Jurisdiction, 7.
SPECIE. See Legal Tender.
STAMPS. See Internal Revenue, 2.
1. Not required to an indorsement of a promissory note. Pugh v. McCor-
mick, 361.
2. Nor to a waiver in writing, by an indorser, of demand and notice of
dishonor. Ib.
STATUTES OF THE UNITED STATES.
The following, among others, referred to, commented on, and construed.
September 24, 1789. See Jurisdiction.
STATUTES OF THE UNITED STATES (continued)
February 22, 1865. See Washington City.
March 3, 1865. See Practice, 7; Rank in the Army.
See Internal Revenue, 1; Stamps.
See Lights at Sea and on Rivers, 3.
See Stamps.
July 25, 1866.
July 13, 1866.
See Bankrupt Act; Jurisdiction, 5.
See Internal Revenue, 3.
July 14th, 1870. See Stamps.
Under a charter to government agreeing "that the owners should bear
marine risks and the government war risks," held to be a marine risk.
Morgan v. United States, 531.
SUMMONS AND SEVERANCE. See Practice, 5.
A writ of error cannot operate as a, when the record does not show that a
copy of the writ was lodged within ten days in the clerk's office, nor
that the bond was approved and filed within the same term.
v. Russell, 402.
SUPREME COURT OF THE DISTRICT OF COLUMBIA. See Dis-
SURVEY. See Pennsylvania Land Law.
TAX SALES. See Commissioners of Taxes.
TAXES. See Washington City.
TENDER. See Legal Tender.
To redeem property which has been sold under a mortgage (as is alleged
irregularly) the whole mortgage-money must be tendered, or, if suit
be brought, be paid into court. Collins v. Riggs, 491.
TOW AND TUG. See Tug and Tow.
TRANSFER OF PATENT. See Patents, 9.
The mere making of a deed to one as trustee does not vest the party with
title as trustee, if he never in any form have accepted the trust. Arm-
strong v. Morrill, 120.
1. As ex gr., the cashier of a bank, when made consignee of goods under a
bill of lading, may libel a vessel for their non-delivery. The Thames,
98.
2. A person is not constituted a, by the mere making a deed to him in
trust; he not, in any way, accepting the trust. Armstrong v. Morrill,
120.
A tug held responsible for bad towage much on the proof of a disaster;
the court declaring that there may be cases where the result of an
engagement to tow is a safe criterion to judge of the act which caused
it. The Steamer Webb, 406.
VENDORS AND PURCHASERS. See Auction Sales; Purchaser without
Notice.
The measure of, required of vessels at sea to guard against collisions likely
to happen through fault of other vessels, when they themselves are
not, except by want of intelligent vigilance, in fault. The Continental,
345; The Scotia, 170.
VIRGINIA. See Adverse Possession, West Virginia.
1. Construction given to its act of June 2d, 1788, authorizing the governor
of the State to issue grants with reservation of claims to lands in-
cluded within surveys then made. Armstrong v. Morrill, 120.
2. Also to its act of 27th of February, 1835, declaring forfeiture for non-
payment of taxes, as affected by a subsequent private act allowing
redemption. Ib.
What, as distinguished from marine. Morgan v. United States, 531.
WASHINGTON CITY.
The authorities of, if authorized by Congress, may constitutionally assess
upon the adjacent proprietors of lots the expense of repaving with a
new and different pavement or of repaving an old pavement. The
tax need not be a general one on the city. Willard v. Presbury, 676.
Her statutes of limitation of March 1st, 1865, and February 27th, 1866,
remarked on. Caperton v. Boyer, 216.
WHITNEY'S PATENT. See Patents, 14.
WILL, PROBATE OF. See Purchaser without Notice, 2.
WRIT OF ERROR. See Jurisdiction, 1-14; Practice, 5; Supersedeas.
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