SHIPPING. Quick dispatch. 14 C. C. A. 657; 21 C. C. A. 342. Implied warranty of seaworthiness. 15 C. C. A. 388; 60 C. C. A. 179. Damages to ships and cargoes by vermin. 18 C. C. A. 231; 19 C. C. A. 473. Admiralty jurisdiction over contracts. C. A. 387. 45 C. Statutory exemptions of shipowners from liability. 49 C. C. A. 11. Demise of vessel. 55 C. C. A. 225. Cancellation, surrender, or rescission of charter of vessel. 61 C. C. A. 569. Presumptions and burden of proof as to cause of loss or injury to goods shipped by vessel, and diligence or negligence of carrier. 68 C. C. A. 398. Accommodations to passengers on vessels. 68 C. C. A. 630. Capacity or authority of master of vessel to hypothecate or make bottomry bond. 75 C. C. A. 123. SHIPPING-Cont'd. Liability of vessel for injuries caused by creation of swell. 78 C. C. A. 3. SIGNALS. At railroad crossings. 29 C. C. A. 90. SLEEPING-CAR COMPANIES. Their duties and liabilities towards their passengers. 10 C. C. A. 335; 34 C. C. A. 386. SPECIFIC PERFORMANCE. Persons entitled to enforce specific performance. 47 C. C. A. 493. Of contracts requiring performance of continuous acts. 49 C. C. A. 103. Of contracts of which time is the essence. 63 C. C. A. 562. Necessity of tender of performance. 65 C. C. A. 91. Conditions and provisions for relief to defendant in decree in action for specific performance. 79 C. C. A. 188. STATE COURTS. See "Removal of Causes." Proceedings enjoined by federal courts. 16 C. C. A. 90; 27 C. C. A. 575; 63 C. C. A. 437. Jurisdiction of state courts to enforce maritime liens under state laws. 21 C. C. A. 21. Conclusiveness of judgments between federal and state courts. 21 C. C. A. 478; 49 C. C. A. 468. Conflict of jurisdiction with federal courts. 22 C. C. A. 356. Restraining proceedings in federal courts. 45 C. C. A. 591. Pendency of action in state or federal court as ground for abatement of action in the other. 47 C. C. A. 205; 73 C. C. A. 521. STATES. Federal jurisdiction in suit against state. 13 C. C. A. 165. Estoppel against. 16 C. C. A. 353. STATUTES. Construction of statutes-State laws as rules of decision in federal courts. 11 C. C. A. 72. Constitutional and statutory limitations Statutory exemptions of building and 38 Power of legislature to pass curative statutes. 39 C. C. A. 180. Amendment of amended, repealed, or invalid statutes. 44 C. C. A. 590. Effect of violation of statutes limiting speed of trains. 59 C. C. A. 5. Construction of statutes as affected by mistakes in writing, grammar, spelling, and punctuation. 65 C. C. A. 237. History and passage of statutes and contemporary circumstances as aids to construction. 65 C. C. A. 535. STATUTES-Cont'd. Pleading private statutes. 67 C. C. A. 241. Construction and operation of provisos, exceptions and saving clauses. 76 C. C. A. 381. Validity of laws alleged to impair charter or franchise of corporation as dependent on reservation of power to alter or amend. 77 C. C. A. 281. STOCKHOLDERS. Liability to creditors of corporation. 23 C. C. A. 315; 33 C. C. A. 23. Enforcement of statutory liability of stockholders in national banks. 52 C. C. A. 6. Effect of judgment against corporation in action to enforce stockholder's liability. 52 C. O. A. 305. Liability of transferrors and transferees of corporate stock for assessments. 61 C. C. A. 322. STREET RAILROADS. Relative rights of street railroads, and vehicles and pedestrians in use and occupation of streets. 73 C. C. A. 12. SUBROGATION. To rights of mortgagee. 42 C. C.A.304. Of insurer under assignment of rights of insured. 65 C. C. A. 615. SUICIDE. As a defense to a suit for life insurance. 16 C. C. A. 623; 28 C. C. A. 284. SUNDAY. TAXATION-Cont'd. Of intangible property of nonresidents. 31 C. Č. A. 467. Persons entitled to injunction restraining or damages for wrongful enforcement of tax. 54 C. C. A. 550. Of bank deposits. 60 C. C. A. 413. Impairing obligation of contracts for exemption from taxation. 70 C. C. A. 294. Place of taxation of property held in trust or other fiduciary capacity. 72 C. C. A. 283. TELEGRAPHS AND TELEPHONES. Measure of damages in actions against telegraph and telephone companies. 15 C. C. A. 235; 28 C. C. A. 59. Damages for mental suffering from delay in delivering telegram. 11 C. C. A. 571; 15 C. C. A. 250; 28 C. C. A. 62. Delay in transmission of messageFailure to disclose that line was not in working order. 14 C. C. A. 177. Rights of telegraph and telephone companies to use of streets. 44 C. C. A. 155. TENANCY IN COMMON. Rights of co-tenant as to improvements made under mistaken belief of perfect title. 69 C. C. A. 19. THREATENING POSTAL CARDS. Nonmailable matter. 30 C. C. A. 94. TITLE. Rights of co-tenant as to improvements made under mistaken belief of perfect title. 69 C. C. A. 19. As dies non juridicus. 12 C. C. A. 462. | TITLE INSURANCE. 19 C. C. A. 278. SUPREME COURT. Certiorari to circuit court of appeals. 1 C. C. A. 5. Jurisdiction. 1 C. C. A. 9, 11. Review of jurisdiction courts. 48 C. C. A. 351. TARIFF LAWS. of circuit Interpretation of commercial and trade terms. 18 C. C. A. 545. TAXATION. Of railroad land grants. 4 C. C. A. 196. Of equitable title to public lands. 4 C. C. A. 196. Lands of the United States not subject to state taxation. 4 C. C. A. 196. Due process of law. 8 C. C. A. 398. Notice of equalization. 8 C. C. A. 400. Forfeiture for nonpayment. 8 C. C. A. 401. Regulation and taxation of interstate commerce by state. 8 C. C. A. 492; 24 C. C. A. 21. Limitations of taxing power from mutual independence of federal and state governments. 23 C. C. A. 515. Of foreign corporations. 24 C. C. A. 13. Tax deed as color of title. 24 C. C. A. 402. Jury trial in federal court. 5 C. C. A. 603; 26 C. C. A. 528; 27 C. C. A. 393. Instructing jury and receiving verdict on Sunday. 12 C. C. A. 462. Comments of counsel on failure to produce witness. 13 C. C. A. 589. Trial by jury in criminal prosecutions. 39 C. C. A. 275. Additional proofs in appellate court without trial de novo. 67 C. C. A. 600. Operation and effect of motions by both plaintiff and defendant for direction of verdict. 77 C. C. A. 8. TRUSTEES. Citizenship as affecting the jurisdiction of the federal courts. 10 C. C. A. 252; 27 C. C. A. 300. WILLS. Probate jurisdiction of federal courts. 36 C. C. A. 276. WITNESS. Competency in federal courts-Following state practice. 5 C. C. A. 602; 21 C. C. A. 278. Method of summoning Following state practice. 5 C. C. A. 602. Comments of counsel in argument on failure to produce. 13 C. C. A. 589. Competency of, as to general reputa tion. 53 C. C. A. 109. Misconduct of witness with reference to cause on trial as ground for impeachment. 71 C. C. A. 411. Time for objection to competency of witness. 74 C. C. A. 3. Impeachment and contradiction of parcalled as witness by adversary. 74 C. A. 142. Excuses for disobedience of subpoenas. 76 C. C. A. 591. WRITS. Form and service of process. 5 C. C. A. 594. Issue and service on Sunday. 12 C. C. A. 462. NOTES IN THIS VOLUME. Page Sufficiency of Discovery of Mineral Characteristics to Support Performance of Conditions in and Acceptance of Offer of Reward 6 98 Action for Specific Performance.. 188 Rights of Action between Husband and Wife..... 306 Effect of Acquittal in Criminal Prosecution on Liability in Tort for the Alleged Criminal Act..... 407 Weight and Sufficiency of Evidence of Willful Burning by Insured as a Defense to Action on Insurance Policy.... 455 CASES ARGUED AND DETERMINED IN THE UNITED STATES CIRCUIT COURTS OF APPEALS. (148 Fed. 799.) LANGE v. ROBINSON et al. (Circuit Court of Appeals, Ninth Circuit. October 22, 1906.) No. 1,295. 1. MINES AND MINERALS-LOCATION OF MINING CLAIM-DISCOVERY. The object of the law in requiring a discovery to precede the location of a mining claim is to insure good faith on the part of the locator and prevent frauds upon the government, and to constitute a discovery which will support the location of a gold placer claim as against another mineral claimant it is not necessary that gold should have been found thereon in paying quantity, but there must have been such a discovery of gold as gives reasonable evidence that the ground is valuable for placer mining, taking into consideration its character, location, and surroundings.1 2. SAME. Plaintiff located certain gold placer mining claims along a creek in Alaska, and before doing so washed on each a few pans of the sediment deposited along the sides of the creek, and in each found small particles or colors of gold. Placer gold in paying quantities had been found on the bed rock on a tributary to the creek, and within a mile of such locations, and the bed rock at the place of the locations was from 125 to 150 feet below the surface. Plaintiff and other experienced miners testified that the gold found was sufficient to reasonably justify the investment of money to sink shafts. Held, that there was a sufficient discovery to support the locations as against another mineral claimant. 1 See note at end of case. 79 C.C.A.-1 |