to the premises in himself, or to surrender them to plaintiff. Iron
Silver Mining Co. v. Reynolds, 374.

2. On the trial of an issue whether the applicant for a patent of a placer
claim knew at the time of the application that there was also a vein or
lode included within the boundaries, within the meaning of Rev. Stat.
§ 2322, an instruction to the jury that "if it appear that an applica-
tion for a patent was made with intent to acquire a lode or vein which
may exist in the ground beneath the surface of a placer claim, a
patent issued upon such application cannot operate to convey such
lode or vein," and that "that intention could be formed only upon
investigation as to the character of the ground and the belief as to the
existence of a valuable lode therein, which would amount to knowl-
edge under the statute," is erroneous. Ib.

MORTGAGE.

When a railroad mortgage covers income, the mortgagor is not bound to
account to the mortgagee for earnings while the property is in his
possession until a demand is made therefor, or for a surrender of
possession under the mortgage; but the commencement of a suit in
equity to enforce a surrender of possession to the trustees under the
mortgage in accordance with its terms is a demand for possession, and
if the trustees are then entitled to possession the company must
account from that time. Dow v. Memphis & Little Rock Railroad
Co., 652.

See LOCAL Laws, 3, 4, 5, 6.

MUNICIPAL BOND.

See JUDGMENT, 2;
SUBROGATION, 2.

MUNICIPAL CORPORATION.

See JUDGMENT, 2;
SUBROGATION, 2.

NATIONAL BANK.

1. No attachment can issue from a Circuit Court of the United States, in
an action against a national bank, before final judgment in the cause;
and if such an attachment is made and is then dissolved by means of a
bond with sureties, conditioned to pay to plaintiff the judgment which he
may recover, given in accordance with provisions of the law of the State
in which the action is brought, the bond is void, and the sureties are
under no liability to plaintiff. Pacific National Bank v. Mixter, 721.
2. The assets of a national bank having been illegally seized under a writ
of attachment in mesne process, and a bond with sureties having been
given to dissolve the attachment, which bond was invalid by reason of
the illegality of the attachment, and the sureties having received into
their possession assets of the bank to indemnify them against loss,

and the bank having passed into the hands of a receiver appointed by
the comptroller of the currency, a bill in equity may be maintained by
the receiver to discharge the sureties, and to compel them to transfer
their collateral to him. Ib.

1. Letters-patent No. 168,164, issued September 28, 1875, to Alfred B.
Lawther for a new and improved process for treating oleaginous seeds
was a patent for a process consisting of a series of acts to be done to
the flaxseed and, construed in the light of that knowledge which ex-
isted in the art at the time of its date, it sufficiently describes the
process to be followed; but it is limited by the terms of the specifica-
tion, at least so far as the crushing of the seed is concerned, to the use
of the kind of instrumentality therein described, namely, in the first
part of the process, to the use of powerful revolving rollers for crush-
ing the seed between them under pressure. Lawther v. Hamilton, 1.
2. Moistening the flaxseed by a shower of spray in the mixing-machine,
produced by directing a jet of steam against a small stream of water,

does in fact "moisten the seeds by direct subjection to steam,” and
thus comes within the clause of Lawther's patent. Ib.
3. A license from the plaintiff in error to the defendants in error cannot
be implied from the facts proved in this case. Ib.

4. Claim 2 of reissued letters-patent No. 9097, granted to Louis Dryfoos,
assignee of August Beck, February 24, 1880, for an "improvement in
quilting machines," namely, "2. The combination, with a series of
vertically reciprocating needles mounted in a laterally reciprocating
sewing-frame, of conical feed-rolls, and mechanism for causing them
to act intermittingly during the intervals between the formation of
stitches, substantially as herein showed and described," is not infringed
by a machine which has no conical rollers, but has short cylindrical
feed-rollers at each edge of the goods, which they feed in a circular
direction by moving at different rates of speed constantly, the needles
having a forward movement corresponding to that of the cloth while
the needles are in it, nor by a machine which has the well-known
sewing-machine four-motion feed, which is capable of feeding in a
circular direction by lengthening the feed at the longest edge of the
goods. Dryfoos v. Wiese, 32.

5. The claim of letters-patent No. 48,728, granted to John Searle, July 11,
1865, for an improved process of imparting age to wines," namely,
"The introducing the heat by steam, or otherwise, to the wine itself,
by means of metallic pipes or chambers passing through the casks or
vessel, substantially as set forth," is not valid for a process, because
no different effect on the wine is produced from that resulting from
the old method of applying heat to the wine, and is not valid for the
apparatus, because that had before been used in the same way for
heating a liquid. Dreyfus v. Searle, 60.

6. A patent for a soda-water fountain, with a specification describing a
fountain consisting of a tin lining, with an outer shell of steel, having
end caps fastened ou, "without flanges or projections, by tin joints,
made by soldering with pure tin, which, being a ringing metal, unites
closely with the steel exterior to make a firm and durable joint, as
other solders having lead in them will not do," and a claim for " the
tin vessel, incased by a steel cylinder, and ends soldered to the latter,
in the manner substantially as described," was reissued seven years
afterwards, with a similar specification and claim, except in omitting
from the claim the words "steel" and "soldered to the latter." Held,
that the original patent was limited to a fountain whose outer cylinder
and end caps were united by a solder of pure tin, without rivets or
flanges; that if the reissue was equally limited, it was not infringed
by a fountain with end caps fastened to the outer shell by a solder of
half tin and half lead, as well as by rivets, and with vertical flanges
at one end, through which the rivets passed; and that if the reissue
was not so limited, it was void. Matthews v. Ironclad M'f'g Co., 347.
7. A blank book, with pages numbered and ruled into spaces, in which

bonds and their coupons, on being presented and paid, may be pasted
in the order of their numbers - the bonds on successive pages, and
each bond and its coupons on the same page — or, when any bond or
coupon is paid without being surrendered, memoranda concerning it.
may be made, if under anv circumstances a patentable invention, is
not so if similar books have been in use before, differing only in group-
ing the coupons according to their dates of payment, and in having no
spaces for the bonds. Munson v. New York, 601.

8. The decision of this court in Andrews v. Hovey, 123 U. S. 267, adjudg-
ing reissued letters-patent No. 4372, granted to Nelson W. Green,
May 9, 1871,
66
for an
improvement in the method of constructing
artesian wells" to be invalid, confirmed, on an application for a re-
hearing. The case of Kendall v. Winsor, 21 How. 322, and other cases,
examined. Andrews v. Hovey, 694; Andrews v. Cone, 720.

9. The question of the proper construction of the second clause of § 7 of
the patent act of March 3, 1839, 5 Stat. 354, as affecting the validity
of a patent, considered. Ib.

FAYMASTER'S CLERK.

1. A paymaster's clerk, appointed by a paymaster in the navy with the
approval of the Secretary of the Navy, is not an officer of the navy
within the meaning of the act of June 30, 1876, 19 Stat. 65, c. 159, so
as to be entitled to the benefit of the mileage allowed by that act.
United States v. Mouat, 303.

2. A paymaster's clerk in the navy is an officer of the navy within the
meaning of the provision in the act of March 3, 1883, 22 Stat. 473,
c. 97, respecting the longevity pay of officers and enlisted men in the
army or navy. United States v. Hendee, 309.

PHOTOGRAPH.

See COPYRIGHT.

POSTMASTER.

See SALARY, 1.

PRACTICE.

1. Upon the application of a party interested to vacate the entry of an
order dismissing a cause made in vacation pursuant to Rule 28, and
after hearing both parties, the court amends the entry by adding
"without prejudice to the right of" the petitioner "to proceed as he
may be advised in the court below for the protection of his interest."
Woodman v. Missionary Society, 161.

2. In accordance with a stipulation of the parties the judgment of the
court below is reversed and a mandate issued. Union Mutual Life In-
surance Co. v. Waters, 369.

3. The court, on motion, amends the judgment and decree in this case

heretofore announced, and reported 123 U. S. 335.

Morant, 647.

See APPEAL 2, 3, 4, 5;

JURISDICTION, A, 1; B, 1;

SUBMISSION of a Cause.

PRESUMPTION.

United States v.

1. There is no legal presumption in favor of jurisdiction in proceedings
not according to the common course of justice; but the policy of the
law requires the facts conferring it to be proved by direct evidence of
a formal character. Sabariego v. Maverick, 261.

2. The facts that Spanish public officers seized a tract of land in Mexico
as confiscated for the treason of its owner, and that after taking regular
and appropriate steps for its sale they proceeded to sell it and to make
conveyance of it by instruments reciting these facts and accompanied
by certificates of the officers who took part in the transaction that the
property had been so confiscated, raise no presumption, under the law
of any civilized State, that any judicial proceedings were taken against
the owner to find him guilty of treason or to confiscate his property
for that offence. Ib.

PRINCIPAL AND SURETY.

See JUDGMENT, 5;

NATIONAL BANK.

PROCESS.

See JURISDICTION, B, 1.

PRO FORMA JUDGMENT.

See COURT OF CLAIMS.

PUBLIC LAND.

1. Under the provision of the act of July 31, 1876, c. 246, 19 Stat. 121, “that
before any land granted to any railroad company by the United States
shall be conveyed to such company, or any person entitled thereto
under any of the acts incorporating or relating to such company, unless
such company is exempted by law from the payment of such cost, there
shall first be paid into the Treasury of the United States, the cost of
surveying, selecting and conveying the same by the said company or
persons in interest," the New Orleans Pacific Railway Company, as the
owner, by conveyance from the New Orleans, Baton Rouge and Vicks-
burg Railroad Company, of its interest in the land grant made to the
latter company by § 22 of the act of March 3, 1871, c. 122, 16 Stat. 579,
was bound to pay the cost of surveying the land, before receiving a
patent for it, although such cost had been incurred and expended by
the United States before March 3, 1871, the construction of no part of
the road having been commenced before the expiration of the five

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