ether the contract is one to sell merely or manufacture and sell, in the absence in the ter case of the assent of the buyer to an ap- opriation on the contract of goods manu- etured by the seller, or unless they are of ch peculiar character as not to be market- le.-River Spinning Co. v. Atlantic Mills C.) 466.
Where a purchaser refuses to take goods ught which the seller has not on hand, but is manufacture or purchase, the measure of his mages recoverable for breach of the contract not the difference between the contract price d the market price of the goods at the time the breach, but the actual profit he would ve made on the sale.-River Spinning Co. v. lantic Mills (C. C.) 466.
A company operating mills for making yarn ich contracted to sell a quantity of yarn to delivered in the future, on a refusal by the yer to carry out the contract, held not en- led to recover as damages a loss on a resale wool which it had bought in advance of its ed and held in reserve to be used in filling e contract.-River Spinning Co. v. Atlantic ills (C. C.) 466.
The measure of the damages recoverable by seller for the breach by the purchaser of a ntract for the sale of a quantity of scrap eel, which, on the failure of the purchaser to ke it, was sold by the seller at the market ice, is the difference between such price and e contract price.-Benjamin v. Maloney (C. 0494.
1. Right to compensation.
*Prima facie a vessel found at sea in a
desks allowed by the trustees of a school dis- trict held not established as a valid claim against the district, where it was disallowed in part by the county superintendent, the board of citizens and taxpayers, and the board of county commissioners.-Whitaker & Ray Co. v. Roberts (C. C.) 882.
Prior to the allowance of claims against a school district by the officers selected therefor or the establishment of the claims at law, pro- ceedings could not be maintained to compel the officers of the county to pay the same.-Whita- ker & Ray Co. v. Roberts (C. C.) 882. school desks, purchased by school trustees un- In a suit to compel payment of a claim for der Comp. Laws Nev. §§ 1294, 1298, a bill failing to join such school trustees and praying no relief against them held demurrable.-Whita- ker & Ray Co. v. Roberts (C. C.) 882.
Jurisdiction of circuit court of United States to issue, see "Courts," § 2.
In criminal prosecutions, see "Criminal Law," § 3.
SEPARABLE CONTROVERSIES.
Removal from state court, see "Removal of Causes," § 2.
cuation of peril with no one on board is a Of process, see "Process," § 1. relict, but where the master and crew have Et temporarily for the purpose of obtaining sistance, and with intent to return and re- mė possession, she is not technically a derelict,
though another vessel finding her in such con- See "Work and Labor." tion and rescuing her is entitled to salvage mpensation as in case of a derelict.-The awmut (D. C.) 476; The Myrtle Tunnel, Id.
2. Amount and apportionment.
A steamer which rescued a dis bled schooner mporarily abandoned at sea by her officers and ew held entitled to a salvage award as in se of a derelict, but, in view of the efforts ade by the owners to retake her, which would obably have been successful, to only one- ird of the value of the schooner and cargo, nich was fixed at $88,000.-The Shawmut (D. 476; The Myrtle Tunnel, Id.
CHOOLS AND SCHOOL DISTRICTS. DISTRICTS.
risdiction of suit in equity to compel payment for school desks, see "Equity," § 1. andamus to compel payment by school dis- Erict, see "Mandamus," § 1.
Under Comp. Laws Nev. §§ 1287, 1338, and ws Feb. 13, 1905, p. 23, § 9, a bill for school
See "Collision"; "Maritime Liens"; "Salvage"; "Towage"; "Wharves."
Custom as affecting construction of charter par- ty, see "Customs and Usages.' Immigration regulations, see "Commerce," § 3. Stated account for repairs on vessel, see "Ac- count Stated."
*Point annotated. See syllabus.
*Where a charter party provided that the $ 3. Carriage of goods. freight specified should be in full of primage visions of a bill of lading, the conditions a
*In construing and giving effect to the pi consulage, port charges, etc., as customary, and also that the vessel should, if required, dis- circumstances which the evidence proves we charge by night as well as by day, she is liable known to the parties and contemplated by the for extra port charges incurred by reason of in making it are to be taken into consideratio night work, although the discharging was done -Pacific Coast Co. v.
V. Yukon Independe by the charterer under a provision giving him Transp. Co. (C. C. A.) 29. that option at a specified rate to be paid by the vessel.-The Bencliff (D. C.) 242.
A parol contract for the shipment of good
pursuant to which they were laden on boai A charter party construed, and held not to may be shown to affect the construction of bil entitle a charterer on his exercise of an option of lading signed and delivered after the goo to discharge the vessel at a specified rate, to be were loaded and when the vessel was about paid by the ship, to charge extra for the cost of sail, and, in order that provisions of such bil night work.-The Bencliff (D. C.) 242.
shall override the prior agreement, the burd In a suit in personam by a vessel owner to called to the attention of the shipper and a
to recover freight money from a charterer, the called to the attention of the shipper and a claim that under the cessor clause of the charter sented to by him.-Pacific Coast Co. v. Yuk the sole remedy of the libelant was in rem Independent Transp. Co. (C. C. A.) 29. against the cargo cannot be urged as a defense A provision of bills of lading giving the vess where it was not raised by the pleadings.- the right to "deviate" does not authorize be The Bencliff (D. C.) 242.
after arriving at the port of delivery, to retu The payment by a vessel to a charterer of a to the port of shipment with the goods on boar commission provided for by the charter party; of delivery, which is not a deviation but
and thence make a second voyage to the po which was in effect an address commission, held tendarce fee of the charterer's agent at the port Independent Transp. Co. (C. C. A.) 29. not to relieve her from the payment of the at- abandonment of the voyage so far as relates
ure made necessary by reason of the damage. The Berengere (D. C.) 439.
4. Carriage of passengers.
The death of a passenger on a ferryboat by ling overboard held due to his own negligence leaning against a gate, despite a sign warning ssengers against it, and the vessel not liable.- e Southside (D. C.) 364.
A vessel under contract requiring reasonable spatch held liable for the damages caused to e consignee by reason of delay in discharging consequence of her failure to supply suf- ient steam.-The Heathdene (D. C.) 368; Mil- rn v. Federal Sugar Refining Co., Id.
6. Limitation of owner's liability. Act June 26, 1884, c. 121, § 18, 23 Stat. 57 . S. Comp. St. 1901, p. 2945], and Rev. St. 4283 [U. S. Comp. St. 1901, p. 2943], both lating to limitation of liability of shipowners, e in pari materia, and to be construed togeth- and the later act, like the earlier, is confined liabilities incurred without the knowledge or ivity of the owners, and does not apply to abilities of the owners for the consequences of eir personal faults or upon their personal con- acts.-Great Lake Towing Co. v. Mill Transp. b. (C. C. A.) 11.
Of objections to discharge of bankrupt, see "Bankruptcy," § 14.
SPECIFIC PERFORMANCE.
§ 1. Proceedings and relief.
*A bill for specific performance of a contract by one of the defendants to assign to complain- ant a patent for an invention alleged to have been made by such defendant while in com- plainant's employment, the application for which patent he had assigned to his codefend- ant, held, on demurrer, to state a cause of ac- tion.-Thompson v. Automatic Fire Protection Co. (C. C.) 548.
The owner of a vessel lost by stranding held ot entitled, under Act June 26, 1884, c. 121, 18, 23 Stat. 57 [U. S. Comp. St. 1901, p. 945], to a limitation of liability for services See "Equity," § 2. ndered by a towing company in attempting to scue such vessel under a contract made by e managing agent of such owner.-Great ake Towing Co. v. Mill Transp. Co. (C. C. -) 11.
*An order made by a court of admiralty in proceeding for limitation of liability re- raining all persons having claims growing out the transaction which is the basis of the pro- edings from prosecuting actions thereon in ny other court is a bar to an action on such claim in another court, although brought by administrator subsequently appointed.-See- s Adm'x v. Monongahela River Consol. Coal Coke Co. (C. C.) 507.
A New York corporation, operating a ferry r the carriage of passengers across the East ver between Manhattan and Brooklyn, held titled to a limitation of its liability for the ath of a passenger to the value of the boat a which he was such passenger and its freight, der the provisions of Rev. St. §§ 4283-4285 J. S. Comp. St. 1901, pp. 2943, 2944].-The outhside (D. C.) 364.
com trains, see "Railroads," § 2. E vessels, see "Collision," § 2.
By witness inconsistent with testimony, see "Witnesses," § 2.
Attorney general, see "Attorney General." Courts, see "Courts." Exemptions to bankrupt under state laws, see "Bankruptcy," § 10
Jurisdiction of United States court to discharge Interstate extradition, see "Extradition," § 1. on habeas corpus person imprisoned by state Jurisdiction of United States court to restrain court, see "Habeas Corpus," § 1. corporation commission from enforcing state law as suit against state, see "Courts," § 2. Multifariousness in pleading in suit to enjoin enforcement of state statute, see "Equity," § 3. Pendency of action in state court as bar to ac- tion in United States court, see "Abatement and Revival," § 1.
Public lands, see "Public Lands," § 1.
Regulation of railroad rates, see "Carriers," § 1. Restraining enforcement of state statutes fixing railroad rates, see "Injunction," § 3.
State regulation of foreign corporations, see "Corporations," § 5.
Supplemental pleading in suit to restrain en- forcement of state statutes fixing freight rates, see "Equity," § 3.
*Point annotated. See syllabus.
each.-Great Northern Ry. Co. v. United Stat (C. C. A.) 945.
traction a statute is re-enacted or repeat *When for purposes of an enlargement or co with amendments, the amendatory act is affirmation and continuation of the prior law so far as in substance and operation it is t only so far as it differs from the prior law. same, and is to be regarded as new legislati Great Northern Ry. Co. v. United States ( C. A.) 945.
§ 2. Construction and operation.
*When a legislative act is general in terms, the title may be resorted to for the p pose of ascertaining its proper limitations United Shoe Machinery Co. v. Duplessis Sh Machinery Co. (C. C. A.) 842.
As applied to subsequent repealing acts whi do not expressly or by necessary implicati contravene its provisions, Rev. St. § 13 [U. Comp. St. 1901, p. 6], prescribing the forfeitur and liabilities, is obligatory on the courts, b beyond this is without effect.-Great Northe Ry. Co. v. United States (C. C. A.) 945
While Congress may prescribe rules affecti after legislation which does not in terms sho that it is to be unaffected by them, these rul cannot be so framed as to defeat the plain i tent of after legislation, and they cease to effective when necessarily in conflict with later manifestation of the legislative will Great Northern Ry. Co. v. United States ( C. A.) 945.
*The intent of the Legislature constitutes t law and may be as effectually manifested what is necessarily implied as by what is e pressed, and where there are conflicting man festations of the legislative will the last is co trolling.-Great Northern Ry. Co. v. Unite States (C. C. A.) 945.
*Laws Kan. 1874, p. 143, c. 93, adopted fro Iowa after a construction by the Supreme Cou of that state, held adopted with such constru tion.-Iarussi v. Missouri Pac. Ry. Co. (C. Q
*It is proper to consider a repealed statute arriving at a particular construction of existi acts.-Southern Ry. Co. v. McNeill (C. C.) 756.
STATUTES AT LARGE. 1876, March 3, ch. 137, 18 Stat. 472 [U. S. Comp. St. 1901, p. 573]... 1884, June 26, ch. 121, § 18, 23 Stat. 57 [U. S. Comp. St. 1901, p. 2945].. 1887, Feb. 4, ch. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]..
100 1898, July 1, ch. 541, § 64, subd. b, par. 4, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447]
1887, Feb. 4, ch. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]. Amended by Act 1906, June 9, ch. 3591, 34 Stat. 584.. 1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S. Comp. St. 1901] p. 508.. 1890, June 10, ch. 407, § 14, 26 Stat. 137 [U. S. Comp. St. 1901, p. 1933]. 1890, June 10, ch. 407, § 15, 26 Stat. 138 [U. S. Comp. St. 1901, p. 1933]. 1890, July 2, ch. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200]...
1890, Oct. 1, ch. 1244, § 1, Schedule N, par. 456, 26 Stat. 601..
1898, July 1, ch. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]. 1898, July 1, ch. 541, § 38, subd. 5, 30 Stat. 555 [U. S. Comp. St. 1901, p. 3435]..... 694 1898, July 1, ch. 541, § 396, 30 Stat. 556 [U. S. Comp. St. 1901, p. 3436].. 1898, July 1, ch. 541, § 57, subd. n, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3444].. 1898, July 1, ch. 541, § 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]. Amend- ed by Act 1903, Feb. 5, ch. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1905, p. 689]....
1891, March 3, ch. 565, 26 Stat. 1110 [U. S. Comp. St. 1901, p. 3417].. 1893, Feb. 9, ch. 74, 27 Stat. 434 [U. S. Comp. St. 1901, p. 3391].
1897, March 3, ch. 395, 29 Stat. 695 [U. S. Comp. St. 1901, p. 589]...
1897, June 4, ch. 2, 30 Stat. 34 [U. S. Comp. St. 1901, p. 1538].
1897, July 24, ch. 11, § 1, Schedule A, pars. 20, 67, 30 Stat. 152, 154 [U. S. Comp. St. 1901, pp. 1628, 1631]..
1897, July 24, ch. 11. § 1, Schedule A, pars. 70, 72, 30 Stat. 155 [U. S. Comp. St.
1897, July 24, ch. 11. § 1, Schedule C, par. 140, 30 Stat. 162 [U. S. Comp. St. 1901,
1897, July 24, ch. 11, § 1, Schedule L, pars. 387, 388, 30 Stat. 186 [U. S. Comp. St. 1901, p. 1670]....
1897, July 24, ch. 11, § 1, Schedule L, par. 390, 30 Stat. 187 [U. S. Comp. St. 1901, p. 1670]. 1897, July 24, ch. 11, § 1, Schedule M, pars. 400, 407, 30 Stat. 188, 189 [U. S. Comp. St. 1901, pp. 1672, 1673]..... 1897, July 24, ch. 11, § 1, Schedule N, par. 411, 30 Stat. 190 [U. S. Comp. St. 1901, p. 1673].
398, July 1, ch. 541, § 14a, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427]. 898, July 1, ch. 541, § 14b, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427].....645, 688 898, July 1, ch. 541, § 14b, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427]. Amend- ed by Act 1903, Feb. 5, ch. 487, § 4b, 32 Stat. 797 [U. S. Comp. St. Supp. 1905, p. 684]...
1898, July 1, ch. 541, § 70, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451]... 1898, July 1, ch. 541, § 70a(5), 30 Stat. 566 [U. S. Comp. St. 1901, p. 3451]..... 1899, March 2, ch. 377, 30 Stat. 993... 1899, March 3, ch. 425, § 15, 30 Stat. 1152 [U. S. Comp. St. 1901, p. 3543]. 1899, March 3, ch. 429, 30 Stat. 1253. 1901, March 2, ch. 806, 31 Stat. 943 [U. S. Comp. St. 1901, p. 2302]... 1903, Feb. 5, ch. 487, § 4b, 32 Stat. 797. [U. S. Comp. St. Supp. 1905, p. 684]...553, 674 1903, Feb. 5, ch. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1905, p. 689].... 1903, Feb. 5, ch. 487, § 15, 32 Stat. 800 [U. S. Comp. St. Supp. 1905, p. 690].... 272 1903, Feb. 19, ch. 708, 32 Stat. 847 [U. S. Comp. St. Supp. 1905, p. 599]......305, 945 1903, March 3, ch. 1012, § 9, 32 Stat. 1215 [U. S. Comp. St. Supp. 1905, p. 279].... 428 1903, March 3, ch. 1019, 32 Stat. 1225 [U. S. Comp. St. Supp. 1905, p. 633].. 842 1904, April 28, ch. 1778, 33 Stat. 529.... 38 1906, June 11, ch. 3073, 34 Stat. 232. 433 1906, June 29, ch. 3591, 34 Stat. 584..849, 945 1906, June 29, ch. 3591, § 10, 34 Stat. 595 945 1907, Feb. 20, ch. 1134, § 3, 34 Stat. 899.. 938
753 [U. S. Comp. St. 1901, p. 592]...... 190 § 914 [U. S. Comp. St. 1901, p. 683]..389, 651 88 915, 916 [U. S. Comp. St. 1901, p. 684].. 389 & 1041 [U. S. Comp. St. 1901, p. 724].... 510 1778 [U. S. Comp. St. 1901, p. 1211]... 667 4283 U. S. Comp. St. 1901, p. 2943]..11, 364 §§ 4284, 4285 [U. S. Comp. St. 1901, pp. 2943, 2944....
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