INDEX.

ABATEMENT.

Appeal from order denying petition for habeas corpus abated by
death of petitioner. Johnson v. Tennessee, 485.

See NAVIGABLE WATERS, 3.

ACCOUNTS AND ACCOUNTING.

Quare, Whether failure to give credit for vouchers because of mis-
representation as to part of the amount represented by the
vouchers is the enforcement of a statutory rule of accounting
under the act of July 4, 1884, c. 180, 23 Stat. 97, or the imposi-
tion of a penalty. United States Fidelity & Guaranty Co. v.
United States, 507.

See CONSTITUTIONAL LAW, 9.

ACCRETION.

See BOUNDARIES, 2.

ACTIONS.

Nature of probate proceeding as proceeding in rem.

A probate proceeding by which jurisdiction of the probate court is
asserted over a decedent's estate for the purpose of administra-
tion is in the nature of a proceeding in rem, as to which all the
world is charged with notice; the law of California conforms to
this rule. Goodrich v. Ferris, 71.

See ATTACHMENT;

CONSTITUTIONAL LAW, 4;

COURTS, 2, 3;

EJECTMENT;

JURISDICTION, B;

PENALTIES AND FORFEITURES.

ACTS OF CONGRESS.

ALIEN IMMIGRATION ACT of March 3, 1903, § 9 (see Immigration):
Oceanic Navigation Co. v. Stranahan, 320; (see Penalties and
Forfeitures): Ib.

CLAIMS AGAINST UNITED STATES, Act of February 17, 1903 (sec
Mandamus, 5): Parish v. MacVeagh, 124.

COPYRIGHT, Rev. Stat. § 4952, as amended by act of March 3, 1891
(see Copyright, 1, 2, 3): Bong v. Campbell Art Co., 236.
DISTRICT OF COLUMBIA, Act of May 19, 1896, relative to drainage.
(see Constitutional Law, 12): District of Columbia v. Brooke, 138.

EXTRADITION, Rev. Stat. § 5278 (see Extradition, 1, 2): Compton v.
Alabama, 1.

INTERSTATE COMMERCE, Rev. Stat. § 5258 (see Constitutional Law, 2):
Adams Express Co. v. Kentucky, 218. Wilson Act of August 8,
1890 (see Commerce): Ib.

JUDICIAL SALES, Act of February 16, 1839, § 4 (see Jurisdiction, A 12):
Rogers v. Jones, 196.

JUDICIARY, Rev. Stat. § 709 (see Constitutional Law, 15): Welch v.
Swasey, 91; (see Jurisdiction, A 3): Chesapeake & Ohio Ry. Co. v.
McDonald, 191. Section 766 (see Contempt of Court, 3): United
States v. Shipp, 386.

NATIONAL BANKS, Rev. Stat. § 3411 (see Banks and Banking, 1, 2):
Merchants' Nat. Bank v. United States, 33. Section 5214 (see
Banks and Banking, 2): Ib. Sections 3411 and 5214 (see Statutes,
A 3): Ib.

PILOTAGE, Rev. Stat. § 4236, Act of March 2, 1837 (see Pilotage, 2, 3):
Leech v. Louisiana, 175.

PUBLIC OFFICERS, Act of July 4, 1884 (see Accounts and Accounting):
United States Fidelity & Guaranty Co. v. United States, 507.
Rev. Stat. § 1765 (see Public Officers, 1): Woodwell v. United
States, 82.

ADMINISTRATION.
See ACTIONS;

CONSTITUTIONAL LAW, 9.

ADMISSION OF ALIENS.
See CONGRESS, POWERS OF, 1.

ALIENS.

See CONGRESS, POWERS OF, 1.

ALIEN IMMIGRATION.

See IMMIGRATION;
PENALTIES AND FORFEITURES.

AMBIGUITIES.

See STATUTES, A 2.

AMENDMENTS TO CONSTITUTION.

Fifth. See CONSTITUTIONAL LAW, 6;

Fourteenth. See CONGRESS, POWERS OF, 3;

CONSTITUTIONAL LAW, 9, 11, 13.

AMOUNT IN CONTROVERSY.

See JURISDICTION, A 1, 2; B.

APPARATUS.

See PATENTS, 4.

APPEAL AND ERROR.

Right to appeal or writ of error to this court in cases originating in
United States court in Indian Territory.

On authority of Laurel Oil Co. y. Morrison, 212 U. S. 291, writ of error
to review a judgment of the Circuit Court of Appeals for the
Eighth Circuit in a case coming from the United States court for
the Indian Territory dismissed. Sass & Crawford v. Thomas, 489.
See ABATEMENT;
JURISDICTION;

MANDAMUS, 1, 2.

APPLIANCES.

See MASTER AND SERVANT.

ARREST.

See EXTRADITION, 1.

ASSESSMENT AND TAXATION.

1. Benefit of assessment work a question of fact.

The question of special benefit of assessment work and property to
which it extends is one of fact. (Stanley v. Supervisors, 121
U.S. 535, 550.) English v. Arizona, 359.

2. Notice of report of commissioners; property owners charged with.
Property owners who have been duly notified of the meeting of com-
missioners in regard to a public improvement and assessment
therefor are bound to take notice of the subsequent presentation
in conformity with law of the report of such commissioners.
(Lander v. Mercantile National Bank, 186 U. S. 458.) Ib.

3. Estoppel to attack legality of assessment.
One who promotes an improvement and appears before the commis-
sion to protest against the amount of the assessment on his
property is precluded from attacking the legality of the assess-
ment on the ground that he had no notice. (Wight v. Davidson,
181 U. S. 371.) Ib.

See JURISDICTION, B.

ASSIGNMENT.

See COPYRIGHT, 1, 2.

ATTACHMENT.

As incident of suit. Where suit cannot be maintained attachment falls
with it.

In the courts of the United States attachment is but an incident to a
suit and falls unless the suit can be maintained, Ex parte Railway
Co., 103 U. S. 794; and, unless the court has jurisdiction over the
person of the defendant, the suit cannot be maintained. Laborde
v. Ubarri, 173.

See LOCAL LAW (PORTO RICO, 4).

BANKRUPTCY.

1. Preferences; payments made on open account as.

Where a creditor, who had no knowledge of the debtor's insolvency,
has a claim upon an open account for goods sold and delivered
during the period of four months before the adjudication in
bankruptcy, the account being made of debts and credits, leaving
a net amount due from the bankrupt estate, the payments made
under such circumstances do not constitute preferences which the
creditor is bound to surrender before proving his claim. Yaple v.
Dahl-Millikan Grocery Co., 193 U. S. 526, followed; Pirie v. Trust
Co., 182 U. S. 438, distinguished. Wild v. Provident Trust Co.,
292.

2. Trustee's title.

The trustee has no higher rights in regard to property sold to the bank-

rupt under conditional sale than the bankrupt had, and in this
case held that the vendor was entitled to the goods unsold and
the identified proceeds of those which had been sold. Bryant v.
Swofford Bros., 279.

3. Trustee bound by agreement between receiver and vendor of goods
relative to their disposition.

Where the vendor of goods, sold to the bankrupt under conditional
sale, has taken possession, before the receiver is appointed, of the
unsold goods and proceeds of those sold, but surrenders the same
to the receiver under an arrangement approved by the referee,
providing for the administration of the estate by the receiver,
and that the ultimate disposition of the goods and proceeds sur-
rendered shall be determined by the court, the trustee subse-
quently appointed is bound by the agreement and cannot ques-
tion whether any of the property surrendered thereunder passed
under the conditional sale. Ib.
See JURISDICTION, A 16;

MANDAMUS, 2, 3;

PRACTICE AND PROCEDURE, 1;
VENDOR AND VENDEE, 2.

BANKS AND BANKING.

1. Application of exemption in § 3411, Rev. Stat.

The provisions in § 3411, Rev. Stat., exempting banks from taxation
on circulation, does not relate to national banks but to state banks
only. Merchants' Nat. Bank v. United States, 33.

2. National banks-Application of §§ 3411, 5214, Rev. Stat. Exemp-
tion from taxation.

One of the public policies of the National Bank Act was to secure the
public credit and encourage the issue of notes to circulate as cur-
rency founded upon United States bonds, and § 3411 will not be
construed as intending to exempt those national banks that
allowed their circulation to fall below five per cent of their capital
from the taxation provided by § 5214 to create a fund to bear
the burden common to all national banks for engraving and
printing the notes. Ib.

3. Right of United States to recover from bank money obtained on
forged pension checks.

The United States can recover from a bank presenting pension checks
to, and receiving the money therefor from, a sub-treasury, where
the names of the payees have been forged; and the right to re-
cover is not conditioned upon either demand or the giving of
notice of the discovery of facts which by the operation of the
legal warranty were presumably within the knowledge of the
bank. United States v. Nat. Exchange Bank, 302.

Judgment of the lower court against a surety on the official bond of an

Indian agent affirmed without opinion by a divided court. United
States Fidelity & Guaranty Co. v. United States, 507.

VOL. CCXIV-35