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CUSTOMS DUTIES (continued).

and "manufactures composed wholly of cotton, not otherwise pro-
vided for." By sect. 1 of the act of March 3, 1857, c. 98, the du-
ties on the articles enumerated in schedules C and D of the act of
1846 were fixed at twenty-four and nineteen per cent, respectively,
"with such exceptions as are hereinafter made" By sect. 2 of the
act of 1857, "all manufactures composed wholly of cotton, which
are bleached, printed, painted, or dyed, and delaines," were trans-
ferred to schedule C. Held, that laces and insertings composed
wholly of cotton, and bleached or dyed, were dutiable at twenty-four
per cent, under the act of 1857. Barber v. Schell, 617.

7. The designations qualified by the word "cotton," in the act of 1846, are
designations of articles by special description, as contradistinguished
from designations by a commercial name or a name of trade, and
are designations of quality and material.

Id.

8. Under the act of March 2, 1799, c. 23, the collector of customs is not
entitled to a fee for putting on an invoice a stamp or certificate as
to the presentation of the invoice, or for an oath to an entry or for a
jurat to such oath, or for his order to the storekeeper to deliver
examined packages. Id.

DAMAGES. See Equity, 1; Jurisdiction, 3.

DECREE.

See Admiralty, 1; Appeal, 1, 2, 4; Appeal Bond, 1; District of
Columbia, 2; Equity Pleading and Practice; Jurisdiction, 2; Mu-
nicipal Bonds, 9; Prize.

DEED. See County; Trust Deed.

DELIVERY. See Contract, 3; Gift, 2.

DEMURRER. See Court of Claims, 3.

DEVISE. See Will.

DISTRICT ATTORNEY. See Patent for Land, 1.

DISTRICT OF COLUMBIA.

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1. The Supreme Court of the District of Columbia is a court of the
United States, and its judgment, when suit is brought thereon in
any State of the Union, is, under the legislation of Congress, con-
clusive upon the defendant, except for such cause as would be
sufficient to set it aside in the courts of the District. Embry v.
Palmer, 3.

2. A. recovered judgment in that court against B. and C., who, when
sued thereon in a State court, filed their bill to enjoin the collection
of so much thereof as they claimed was in excess of the amount
due on the original cause of action, and alleged, as a ground of
relief, matter available as a defence in the action at law, which they
were not prevented from setting up by accident, or by the fraud of
A., unconnected with the negligence of themselves or agents. The
court perpetually enjoined A. from suing on the judgment on their
paying into court that amount. They did so, and A. received it.

DISTRICT OF COLUMBIA (continued).

The decree was affirmed by the court of last resort in the State.
Held, 1. That, according to the law then in force in the District of
Columbia, the bill not being sufficient to authorize the relief
granted, the decree does not give the required effect to the judg-
ment, and this court has jurisdiction to re-examine it on a writ
of error. 2. That A., by accepting the amount so paid, is not
estopped from prosecuting that writ. Id.

DONATIO CAUSA MORTIS. See Gift, 2.

DONATION. See Municipal Bonds; Oregon, 2.

DRAWBACK. See Court of Claims, 1.

DUE PROCESS OF LAW. See Attorney.
DUTIES. See Customs Duties.

ELECTIONS. See Municipal Bonds, 7, 8.

EQUITABLE ASSIGNMENT. See Gift, 1.

EQUITY. See Trust Deed; Will, 10.

.

1. Where the object of a suit in chancery is the recovery of the dam-
ages which the complainant alleges that he has sustained by reason
of an unlawful and fraudulent conspiracy to cheat him out of his
interest in an original invention, which is the subject-matter of the
controversy, the bill should be dismissed, as his remedy is at law.
Ambler v. Choteau, 586.

2. An assignee of a chose in action, or any other cestui que trust, cannot,
merely on the ground that his interest is an equitable one, proceed
in a court of equity to recover his demand. Hayward v. Andrews,
106 U. S. 672, cited upon this point and approved. New York
Guaranty Company v. Memphis Water Company, 205.

3. The courts of the United States especially, in view of the act of
Congress declaring that suits in equity shall not be sustained where
there is a plain, adequate, and complete remedy at law, should
enforce this rule.

Id.

4. Certain parties holding bonds secured by a mortgage filed their bill
to recover moneys alleged to be due on a contract which the city of
Memphis made with the mortgagor, and which was assigned in the
mortgage as part of the security for the bonds. Held, that the bill
will not lie, the demand against the city being cognizable at law in
the name of the mortgagor, and no special circumstances shown for
a resort to equity. Id.

EQUITY PLEADING AND PRACTICE.

See District of Columbia,

2; National Banks, 3.
Pending a bill in equity against the owner of land to compel a convey-
ance of the title, subject to certain rights of his in the rents and
profits, a receiver appointed in another suit against him, and to
whom he had by order of court in that suit assigned his interest in
the land, applied to be and was made a defendant, and answered,

EQUITY PLEADING AND PRACTICE (continued).

and also filed a cross-bill against both the original parties, which was
afterwards ordered to be stricken from the files, with leave for him
to apply for leave to file a cross-bill; but he never applied for such
leave. The case was heard upon pleadings and proofs, and a final
decree entered ordering the original defendant to convey to the
complainant, and the complainant to account to him or his assigns
for part of the rents and profits, and that this decree be without
prejudice to the rights of the receiver. Held, that the receiver was
not aggrieved. Close v. Glenwood Cemetery, 466.

ESTOPPEL. See Corporation, 3; District of Columbia, 2; Missouri, 1;

Prize.

EVIDENCE. See Contract, 3; Jury; Letters-patent, 6; Missouri, 1; Na-
tional Banks, 4; Witness.

In a suit against a municipal corporation to recover damages for injuries
received from a fall caused by a defective sidewalk, which was in
an unguarded condition, it is competent for the plaintiff to show
that whilst it was in that condition other like accidents had occurred
at the same place. District of Columbia v. Armes, 519.

EXPORTS. See Constitutional Law, 3; Court of Claims, 1; Inspection
Laws.

EX POST FACTO LAWS. See Constitutional Law, 5-8.

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1. The fourth section of the act of the legislature of Illinois passed in
1819, touching a ferry across the Mississippi River from a place in
Illinois to the city of St. Louis, Missouri, declares: "That the ferry
established shall be subject to the same taxes as are now, or here-
after may be, imposed on other ferries within this State, and under
the same regulations and forfeitures." Held, that the section pro-
vides for equality of taxation; that is to say, that the property of the
ferry company shall be valued and taxed by the same rule as other
like property, and be subject to the same exactions and forfeitures;
but the company is not exempted from any license tax on its ferry-
boats which the State or a municipal corporation thereunto author-
ized might impose. Wiggins Ferry Company v. East St. Louis, 365.
2. The power to license is a police power, although it may also be exer-
cised for the purpose of raising revenue. Id.

3. A State has the power to impose a license fee, either directly or
through one of its municipal corporations, upon the ferry-keepers
living in the State, for boats which they own and use in conveying
from a landing in the State passengers and goods across a navigable
river to a landing in another State. Id.

4. The levying of a tax upon such boats, although they are enrolled
and licensed under the laws of the United States, or the exaction
of a license fee by the State within which the property subject to

FERRY (continued).

the exaction has its situs, is not a regulation of commerce within
the meaning of the Constitution of the United States, nor is such
tax or fee a duty of tonnage if it be not graduated by the tonnage
of the boats or by the number of times they cross the river or land
within the limits of the State. Id.

FINES, PENALTIES, AND FORFEITURES.

veyor of; Ferry, 1.

See Customs, Sur-

FORECLOSURE. See Appeal Bond; Jurisdiction, 12; Receiver.

FRAUD. See Criminal Law, 1-5; Customs Duties, 2; Equity, 1; National
Banks, 2.

GARNISHMENT. See Appeal, 2.

GEORGIA. See Corporation, 2; Will, 2, 5, 6, 10.

GIFT.

See Charitable Gifts and Devises.

1. A certificate of deposit in these terms:

"EVANSVILLE NATIONAL BANK,

"EVANSVILLE, IND., Sept. 8, 1875.

"H. M Chaney has deposited in this bank twenty-three thousand five
hundred and fourteen 10% dollars, payable in current funds, to the order
of himself, on surrender of this certificate properly indorsed, with interest
at the rate of six per cent per annum, if left for six months.

"$23,514.70.
HENRY REIS, Cashier,"
-may, as a subsisting chose in action, be the subject of a valid
gift, if the person therein named indorse and deliver it to the donee,
and thus vest in him the whole title and interest therein, or so
deliver it, without indorsement, as to divest the donor of all present
control and dominion over it, and make an equitable assignment of
the fund, which it represents and describes. Basket v. Hassell, 602.
2. A donatio mortis causa must, during the life of the donor, take effect
as an executed and complete transfer of his possession of the thing
and his title thereto, although the right of the donee is subject to
be divested by the actual revocation of the donor, or by his surviv-
ing the apprehended peril, or by his outliving the donee, or by the
insufficiency of his estate to pay his debts. If by the terms and
condition of the gift it is to take effect only upon the death of the
donor, it is not such a donatio, but is available, if at all, as a testa-
mentary disposition. Where, therefore, during his last illness, and
when he was in apprehension of death, the person named in the
above certificate made thereon the following indorsement:

"Pay to Martin Basket, of Henderson, Ky.; no one else; then not till
my death. My life seems to be uncertain. I may live through this spell.
Then I will attend to it myself.

"H. M. CHANEY,"

— and then delivered it to Basket, and died at his home in Ten-
nessee, Held, that Basket by such indorsement and delivery
acquired no title to or interest in the fund. Id.

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ILLINOIS. See Ferry, 1; Municipal Bonds, 5–10; Navigable Waters.

IMPORTS. See Constitutional Law, 3; Court of Claims, 1; Customs

Duties.

INDIANS. See Oregon, 1.

INDICTMENT. See Civil Rights; Criminal Law; Jurisdiction, 6.

INDORSEMENT. See Gift; Jurisdiction, 12.

INFRINGEMENT. See Letters-patent.

INSANITY. See Witness, 1.

INSOLVENT DEBTOR. See Bankruptcy; United States, Claims by and
against.

INSPECTION LAWS. See Constitutional Law, 1-4.

1. Section 41 of chapter 346 of the laws of Maryland of 1864, as amended
and re-enacted by chapter 291 of the laws of 1870, provides as fol-
lows: "After the passage of this act, it shall not be lawful to carry
out of this State, in hogsheads, any tobacco raised in this State,
except in hogsheads which shall have been inspected, passed, and
marked agreeably to the provisions of this act, unless such tobacco
shall have been inspected and passed before this act goes into opera-
tion; and any person violating the provisions of this section shall
forfeit and pay the sum of three hundred dollars, which may be
recovered in any court of law of this State, and which shall go to
the credit of the tobacco fund: Provided, that nothing herein con-
tained shall be construed to prohibit any grower of tobacco, or
any purchaser thereof, who may pack the same in the county or
neighborhood where grown, from exporting or carrying out of this
State any such tobacco without having the same opened for inspec-
tion; but such tobacco so exported or carried out of this State with-
out inspection shall in all cases be marked with the name in full of
the owner thereof, and the place of residence of such owner, and
shall be liable to the same charge of outage and storage as in other
cases, and any person who shall carry or send out of this State any
such tobacco, without having it so marked, shall be subject to the
penalty prescribed by this section." Under that proviso, no re-
quirement of the act of 1864 is dispensed with, except that of having
the hogshead opened for inspection. The hogshead must still be
delivered at a State tobacco warehouse, and there numbered and
recorded and weighed and marked, and be found to be of the dimen-
sions prescribed by statute, and to have been packed and marked
as required. Held, 1. That said section 41, as so amended and re-
enacted, is not, in its provisions as to charges for outage and storage,
in violation of clause 2 of section 10 of article 1 of the Constitution
of the United States, as respects any impost or duty imposed by it

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