BANK STOCK. See Taxation.

BILL IN EQUITY. See Chancery.

BLOCKADE.

Who may question the existence of a blockade. The Prize Cases, 635.
In whom the right to blockade exists, and who are bound to respect it.
Ib.
What state of facts justifies the exercise of this right, and legalizes the cap-
ture of a neutral vessel for violating it? Ib.

A civil war creates the same belligerent rights against neutrals, as a war
between two separate and independent powers. Ib.

A state of war, (civil or foreign,) may exist without a formal declaration.
Ib.
Under what circumstances a civil war may exist and be prosecuted on the
same footing as a war against foreign invaders. Ib.
Nature and magnitude of the present civil war, and the rights growing out
of it. Ib.

The President's proclamation of blockade, conclusive evidence that a state
of war existed, and demanded such a measure. Ib.

Status of persons residing within the territory occupied by the hostile party
in this contest.

Ib.

A vessel in a blockaded port, is presumed to have notice of the blockade as
soon as it commences. Ib.

Accident, which delays a vessel beyond the time allowed by the proclama-
tion for her departure, will not exempt her from capture. Ib.

Nor is a warning endorsed on her register necessary to legalize her capture.

BOND.

The bonds of municipal corporations issued by lawful authority, with inte-
rest warrants annexed, are commercial securities.

The holder has a full title. Ib.

Moran v. Miami Comrs., 722.

Equities which might have availed against the original payee, cannot be
set up by the corporation against a third party, who has taken the bonds
in good faith. Ib.

(See Estoppel-Mortgage-Corporation-Lien.)

CHANCERY.

Creditors of an indebted corporation are entitled to the aid of a Court of
Equity against such corporation and its debtors.

Ogilvie v. Knox Insurance Company, 589.
The principle of distribution between such creditors where a portion of them
invoke the aid of the Court after the others have prosecuted their bill
to a decree, cannot be settled until the assets are collected, and the
shares paid by the different classes of debtors are ascertained. Ib.

A general decree before the funds are collected, that they shall be distri
buted among certain parties, and appointing a master to state an
account, is not a final decree. Ib.

An appeal from such a decree will be dismissed as premature. Ib.

CHANCERY-Continued.)

The Court cannot make a final decree until after the report by a master and
the ascertainment of all the facts. Ogilvie v. Knox Insurance Co., 539.
Where a lien creditor seeks relief in Equity in behalf of himself and other
creditors of the same class, the decree should provide for the relief of
all. Trustees of Wabash and Erie Canal v. Beers, 448.

Rules which govern a Court of Equity in a suit for the abatement of a
nuisance. Mississippi and Missouri Railroad Company v. Ward, 485.
A party seeking relief from the payment of purchase-money on the ground
of fraud, must distinctly allege it in the bill. Noonan v. Lee, 499.
What averments on the face of a bill in equity entitle plaintiff to relief.

Griffing v. Gibb, 519.
What a demurrer to a bill in equity is, and why it cannot be sustained
where the facts as stated on the face of the bill entitle plaintiff to
relief. Ib.

A bill in equity will be dismissed where complainant has a clear remedy at
law. Parker v. Woolen Company, 545.

The Judges of United States Courts may dismiss such a bill sua sponte,
though its defects are not noticed either in the pleadings or argu.
ments. Ib.

Where a bill against a private nuisance does not show plainly that com.
plainant is without a remedy at law, it must be dismissed. Ib.

In cases of private nuisance the jurisdiction of Courts of Equity and Courts
of Law is concurrent, though many cases will sustain a legal action
which would not justify relief in equity. Ib.

In what cases equity will enjoin a nuisance. Ib.

(See Practice-Lien.)

OLLECTOR. (See Customs.)

CONSTITUTIONAL LAW.

State power of taxation. People of New York v. Commissioners of Taxes, 620.
Why a State has no power under the Constitution to tax the loans of the
Federal government. Ib.

The clause of the Constitution which forbids the taking of private property
for public purposes without compensation, is a limitation, not on the
taxing power, but on the right of eminent domain.

(See Taxation.)

CONTRACT.

Gilman v. Sheboygan City, 510.

A contract between two parties, with intent to defraud a third, can be en-
forced by neither against the other. Randall v. Howard, 585.

The fact that the claim of the third party was fraudulent does not change
the character of such a contract. Ib.

CORPORATION.

Officers and directors of a corporate body are trustees of the stockholders and
cannot without fraud secure to themselves advantages not common to
the latter. Koehler v. Iron Company, 715.

Corporation must execute its deed under its corporate seal, otherwise deed
is void. Ib.

Bee Mortgage,

CORPORATION-(Continued.)

Duty of town corporations to repair streets and bridges. Their liability for
damages occasioned by their neglect to perform it.

Nebraska City v. Campbell, 590; Chicago City v. Robbins, 418.
Remedy of corporation against the private party who used the streets so as
to occasion the wrong. Chicago City v. Robbins, 418.

If a corporation and private party are both in fault, the former has no
remedy over against the latter. Ib.

A private party is concluded by a judgment against a corporation for
damages occasioned by his act or neglect, if he might have defended
the suit and failed to do so. Ib.

Express notice to him to defend such suit is not necessary. Ib.

COVENANT.

A party in peaceable possession of land, under a defective title, must seek
his remedy at law on the covenants in his deed. Noonan v. Lee, 499.
He cannot be relieved from the payment of the purchase-money by reason
of such defective title, without proving fraud or misrepresentation. Ib.

CUSTOMS

Time within which assumpsit must be brought, under the Act of 1839, by
an importer against a collector to recover back excessive duties.
Curtis, Adm'x, v. Fiedler, 461.

Rights of importers under the Act of 1845. Ib.

Is the Act of 1845 retro-active? Quere? Ib.

A party seeking redress under the Act of 1845 must conform strictly to its
terms.

Ib.

A general protest against the payment of duties as illegal, without specify.
ing the grounds of illegality, or discriminating between different articles
imported, does not meet the requirements of the Act of 1845. Ib.
Distinctness and definiteness required in such a protest, and why required?
Ib.

DAMAGES.

To be measured by the value of the business which plaintiff was disquali-
fied to perform, by the act or neglect of defendant.

Nebraska City v. Campbell, 590.
Liability of municipal corporations for damages occasioned by their ne-
glect. Ib.

DEBTOR AND CREDITOR.

Remedy of creditors against an insolvent corporation and its debtors.

Distribution of assets among them. Ib.

Ogilvie v. Knox Ins. Co., 539,

DEED.

A map or plat referred to in a deed to fix a boundary is regarded as a part
of it. Noonan v Lee, 499.

It is immaterial to the validity of the deed whether such map or plat was
illegally made or not. Ib.

For mode of executing deeds of corporations vide mortgage.

DEVISE.

A devise of lands without words of limitation confers an estate for life only.
King v. Ackerman, 408.
Why the Courts have been astute in finding exceptions to this rule. Ib.
Power given to devisee to do with land as he pleases supplies legal words
of limitation and gives him a fee. Ib.

A charge upon a devisee to pay debts raises an undefined estate to a fee. Ib.
This charge operates to create a fee without regard to its insignificance, or

the probability that devisee will ever have to pay it, or the value of the
land devised-facts into which Courts will not inquire. Ib.

The fact that a testator gives one piece of land to a devisee to dispose of as
he pleases, and another to the same person without these or any like
words, raises no implication that a fee was not intended to be given in
the latter case.

Ib.

A Court may look beyond the face of a will to explain an ambiguity as to
the person or property to which it applies, but never for the purpose of
enlarging or diminishing the estate devised. Ib.

DISTRIBUTION. (See Chancery.)

DUTIES. (See Customs.)

ERROR.

Distinction between writs of error under the 22d and 25th sections of the
Judiciary Act and practice upon each. Taylor v. Morton, 481.

ESTATES. (See Devise.)

ESTOPPEL.

A municipal corporation which issues bonds purporting on their face to be
issued in conformity with a statute, is estopped from denying that fact
when they have been put into the market.

EVIDENCE.

Moran v. Miami Commissioners, 722.

A Court may instruct the jury that the testimony of a witness, if true, will
establish a specified fact, leaving the jury to decide upon his credi-
bility. Russell v. Ely, 575.

Upon what the propriety of such instruction depends. Ib.

Shop-books showing the cost and quantity of materials, are better evidence
of the value of work than the testimony of experts, taken ex parte after
it was done. Ship Potomac, 581.

Evidence of the value of plaintiff's business admissible in an action for
damages for a bodily injury which disqualified him to perform it.
Nebraska City v. Campbell, 590.
State laws concerning evidence in cases at common law, are rules of de-
cision binding on the United States Courts. Wright v. Bales, 535.
When parol evidence is admissible in connection with a written instrument.
Noonan v. Lee, 499.

EXCEPTION.

An exception taken before the jury retire may be drawn out and sealed
afterwards. Dredge v. Forsyth, 563; Kellogg v. Forsyth, 571.

EXCEPTION-(Continued.)

The Court must decide the time within which it must be drawn out and
presented. Dredge v. Forsyth, 563; Kellogg v. Forsyth, 571.

A bill of exceptions must either embody or plainly refer to the testimony on
which its allegations are grounded. Russell v. Ely, 575.

FINAL DECREE.

A decree for the sale of mortgaged premises is a final one, and an appeal
lies from it. Bronson v. Railroad Company, 524.

A general decree of a Court of Equity, that funds not yet collected but
secured by judgments, shall be distributed among certain parties, and
appointing a master to state an account, is not a final decree.

Ogilvie v. Knox Insurance Company, 539.

An appeal from such a decree will be dismissed as premature. Id.
The Court cannot make a final decree until after a report by a master and
an ascertainment of all the facts. Ib.

An order of a Circuit Court to put a purchaser of property sold under it.
direction, into possession, is not a decree from which the tenant can
appeal to this Court. Callan v. May, 541.

If the tenant claimed the right to remain under an agreement with the pu
chaser, his remedy was a bill for an injunction, on which a final decree
could have been made and an appeal taken. Ib.

FRAUD.

Fraud or misrepresentation only, and not mere defect of title, can relieve
a purchaser in peaceable posssession of land from the payment of the
purchase-money. Noonan v. Lee, 499.

In such case of defective title he must seek his remedy at law on the cove-
nants in the deed. Ib.

Where there are neither fraud, nor covenants of warranty, on which he
can seek a remedy at law, he is without remedy. Ib.

To obtain relief on the ground of fraud, it must be distinctly alleged in the
bill. Ib.

A contract between two parties with intent to defraud a third can be enforced
by neither against the other. Randall v. Howard, 583.

The fact that the claim of the third party was fraudulent does not change
the character of such a contract. Ib.

JURISDICTION.

Local jurisdiction of a Federal Circuit Court to inquire into a nuisance on a
navigable river between two States.

Mississippi and Missouri R.
Equity jurisdiction of the Courts of the United States.

Whence derived. Ib.

Uniformity of power and rules of decision. Ib.

R. Co. v. Ward, 485.
Noonan v. Leo, 499.

Rules of decision established by the Supreme Court unaffected by State
legislation. Ib.

District Courts of the United States cannot direct a mortgagor to pay the
balance of a debt, unsatisfied by the sale of the mortgaged premises
without the authority of a rule of the Supreme Court. Ib.