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of removal inconsistent with those stated in the

RESTRAINT OF TRADE.
original petition.-Shane v. Butte Electric Ry.
Co. (C. C.) 801.

Contracts in, see "Contracts," $ 1.
§ 4. Remand or dismissal of cause.
Denials and averments in a petition for re-

RETAINER.
moral, taken in connection with the complaint,
held insufficient to warrant a finding of fraud or attorney, see "Attorney and Client," $ 1.
ulent joinder of defendants such as to entitle
the petitioner to a removal, its codefendant be-
ing a citizen of the state.-Shane v. Butte Elec-

RETIRING PARTNERS.
tric Ry. Co. (C. C.) 801.

See "Partnership," $ 1.
On a motion to remand, in an action against
a nonresident and a resident defendant, the
motive of the plaintiff in making the joinder

REVENUE.
is immaterial, and cannot make such joinder
fraudulent where, tested by the allegations of See "Customs Duties"; "Internal Revenue";
the complaint, plaintiff had a legal right to

"Taxation.”
sue jointly, and there is nothing substantially
impugning his good faith.-Shane v. Butte Elec-

REVIEW.
tric Řy. Co. (C. C.) 801.
To warrant a federal court in retaining ju-

See "Appeal and Error”; “Criminal Law,"

$ 3.
risdiction of an action removed from a state
court, in which a nonresident and a resident

REVIVAL.
defendant are joined, on the ground that such
joinder was fraudulent, it must appear to the Of action, see “Abatement and Revival,” $ 1.
satisfaction of the court that such joinder was Of judgment, see "Judgment," $ 7.
wrongful and for the purpose of preventing a
removal by a defendant who is entitled to that
right.-Shane v. Butte Electric Ry. Co. (C.

RIGHT OF WAY.
C.) 801.

See "Easements." ”
§ 5. Proceedings in cause after

moval.
*A motion to quash the service on a defend-

RISKS.
ant who has not entered a general appearance, Assumed by employé, see “Master and Serv-
which involves the jurisdiction of the court

ant," § 1.
over the defendant, although overruled by a
state court, may be renewed after the cause

ROADS.
has been removed into a federal court.-Lath-
rop-Shea & Henwood Co. v. Interior Const. & Streets in cities, see "Municipal Corporations,”
Imp. Co. (C. C.) 666.

§ 2.

RULES.
REMOVAL OF CLOUD.

Of carriers, see "Carriers," $ 1.
See "Quieting Title."

RULES OF NAVIGATION.
RENT.

See "Collision," $ 1.
See "Landlord and Tenant," $ 2.

SALES.
REPORT.

By or to trustee in bankruptcy, see "Bank-
On reference, see "Reference," $ 1.

ruptcy," $ 5.
Effect of proceedings in bankruptcy,

"Bankruptcy," § 4.
REQUESTS,

Of realty, see “Vendor and Purchaser."
For instructions in civil actions, see "Trial,” | 8 1. Warranties.
§ 2.

*A contract for the installation of a sprinkler

system in a building held to exclude an implied
RESCISSION.

warranty of fitness on the part of the manu-

facturer. --Bagley v. General Fire Extinguish-
Cancellation of written instrument, see "Can-ing Co. (C. C. A.) 284.
cellation of Instruments.”

*Where an article is ordered from a manufac-

turer for a particular purpose, there is or-
RES JUDICATA.

dinarily an implied warranty that it will be

fit for that purpose.-Bagley v. General Fire
See "Judgment," 88 5, 6.

Extinguishing Co. (C. C. A.) 284.
*Point annotated. See syllabus.

see

§ 2. Remedies of buyer.

$ 1. Charters.
In an action for damages by the overflow of A covenant of fitness in a charter party
a sprinkler system, the fact that certain sprink- does not require the vessel to remove the stan-
ler heads located under a skylight fused from chions which support the beams to facilitate
the direct rays of the sun held insufficient to loading, which could not be done with safety
extablish that the work of installation was not unless other provision was made to support the
performed in a workmanlike manner. --Bagley beams, especially where the charter party pro-
v. General Fire Extinguishing Co. (C. C. A.) vides for a deck load at request of the master.
284.

--W. S. Keyser & Co. v. Duit (C. C. A.) 328.
Evidence of the price at which a commodity *A chartered vessel required by the charter
was resold by a purchaser is admissible on the to be seaworthy is required to be so with respect
question of its market value to establish such to the stowage of cargo as well as in hull and
purchaser's damages for a breach of warranty equipment, and, in the absence of special cou-
as to its quality.-Petrified Bone Min. Co. v. tract, to be supplied with proper fittings for the
Rogers (C. C.) 445.

stowage of any lawful cargo.-Harloff v. Barber
The measure of damages for the breach of & Co. (D. C.) 185.
the warranty is the difference between the Extra fittings and bagging of cargo required
market value, in the Italian port of delivery, by the master of a chartered vessel for the
of rock of the quality called for, and the mark- stowage of a cargo of flint boulders held un-
et value of the inferior quality shipped.-Petri- usual and unnecessary under the evidence, and
fied Bone Min. Co. v. Rogers (C. C.) 445. the expense chargeable to the owners, and not
The measure of damages recoverable for

to the charterer.-Harloff v. Barber & Co. (D.
breach of warranty of quality of a commodity C.) 185.
sold by plaintiff to defendants for shipment and

Under a charter party by which the owner
delivery to a customer in a foreign port held to agreed to hold the charterer free of and in-
be the difference in the market value at sich demnified against claim for loss or damage to
port of delivery of a commodity of the quality cargo arising through the act, neglect or de-
warranted and of that delivered.-Petrified fault of the master or crew, the charter freight
Bone Min. Co. v. Rogers (C. C.) 445.

is not recoverable where the ship was lost by

stranding due to negligent navigation.-Burn
SALVAGE.

Line v. United States & Australasia s. s. Co.

(D. C.) 423.
Suit in rem for salvage, see "Admiralty," $ 2.

*The charterer of a vessel held responsible
§ 1. Right to compensation.

for injuries thereto caused by the breaking of
A decree holding a tug and its employer liable a special appliance for the unloading of special
for the salvage of two scows which broke from cargo.--Bollman v. Tweedie Trading Co. (Þ. C.)
their moorings at the end of a pier in East 434.
river, where one had been left outside the other Under a charter party a vessel returning
by the tug during a strong flood tide, affirmed. from Boston to New York for docking prior to

- The No. K 1 (C. C. A.) 111: The No. K 9, reloading held to have worked on the charterer's
Id. ; The Wm. H. Flannery, Id.

time, so that the hire continued except for the
*The fact that the master of a stranded ves- time consumed in docking.–Bollman v. Tweedie
sel accepted salvage service from a tug under Trading Co. (D. C.) 434.
the mistaken belief that it was owned by a Under a provision of a time charter party
company whose boats his owner's agents usual, requiring the vessel to be docked and cleaned
ly employed does not lessen the amount of at least once every six months, as construed by
salvage award to which the tug is entitled, general custom, the charterer is entitled to
where she was guilty of no fraud.--The Devon- have her docked at the expiration of six months
ian (D. C.) 831.

from the last previous docking, although that
§ 2. Amount and apportionment.

was prior to the charter, and also regardless
*A tug awarded $4,500 salvage for assisting of her actual condition.-Munson S. S. Line v.
a British steamship, worth with her cargo $800,- Miramar S. S. Co. (D. C.) 437.
000, to release herself when stranded on the *Where a time charter of a steamer required
Scituate shore on the Massachusetts coast dur- her to be in every way fitted for the service
ing stormy weather in the winter.--The Devon- and to have steam winches which were to be at
ian (D. C.) 831.

the charterer's disposal the charterer is en-

titled to an allowance for delay in discharging
SERVITUDES.

due to the defective condition of the winches

or deficiency in steam power for operating
See "Easements."

them.-Munson S. S. Line V. Miramar S. S.

Co. (D. C.) 437.
SHIPPING.

§ 2. Liabilities of vessels and owners

in general.
See "Admiralty"; "Collision"; "Salvage."

It is the duty of the owners or master of a
Marine insurance, see "Insurance," $ 4. vessel, by whose permission, or at whose im-
Restraining action for wrongful death against plied invitation, a visitor has come on board at
vessel, in state court, see "Injunction," § 1. / à port, to exercise reasonable care to avoid in-

*Point annotated. See syllabus.

jury to such visitor, and to give him a reason 8 1. Nature and grounds of remedy in
able opportunity to go on shore before the vessel

general.
departs; the measure of such duty being affect- *Complainant held to have an adequate rem-
ed by the magnitude of the injury which will edy at law for defendant's breach of an op-
otherwise result to the visitor.-The City of tion for the sale of a cross-tie outfit, and
Seattle (C. C. A.) 537; Pacific Coast Co. v. was not therefore entitled to compel specific
Jenkins, Id.

performance thereof.-Marthinson v. King (C.
A steamship held liable in damages to a visit. C. A.) 48.
or who went on board at an Alaskan port and
against his will was carried to Seattle through in the judicial discretion of the trial judge,

*The granting of specific performance rests
of
portunity to go ashore after the gang plank had to be controlled by equitable principles on
been taken in and the vessel had begun to cast consideration of all the circumstances of the
of.-The City of Seattle (C. C. A.) 537; Pacific particular case.—Marthinson v. King (C. C. A.)
Coast Co. v. Jenkins, Id.

48.
*The officers of a steamship held not charge-

*À trustee for a railroad company held en-
able with negligence which rendered the owners titled to maintain a suit in his own name for
liable for the death of a quarantine physician specific performance of a contract for the pur-
who went on board at night, while the vessel chase of real estate obtained by him for the
was coaling, to make an inspection, and fell use and benefit of his cestui que trust.-Wood-
through the open hatchway and was killed, ward v. Davidson (C. C.) 840.
where it appeared that he was properly warned
by the master and knew the position of the 8 2. Contracts enforceable.
hatchway.-Thę Euxinia (C. C. A.) 541; Ward *A written option to convey property given
v. Dampskibsselskabet Kjoebenhavn, Id. for a valuable consideration in a proper case

may be specifically enforced as against the own-
§ 3. Carriage of goods.
*The general rule that freight prepaid, but hinson v. King (C. C. A.) 48.

er or a purchaser from him with notice.-Mart-
which is not earned by delivery of the goods,
must be refunded, does not apply as between *A contract for the sale of real estate signed
owner and charterer, where by reference in the by the vendor, but not by the purchaser, may be
charter party the bills of lading are incorpo- specifically enforced by the latter where based
rated therein, and they contain a provision that on a valuable consideration.- Woodward v. Dav-
freight prepaid shall be considered as earned, idson (C. C.) 840.
ship lost or not lost.-Burn Line v. United
States & Australasia S. S. Co. (D. C.) 423. § 3. Proceedings and relief.
§ 4. Limitation of owner's liability.

*Under Utah Rev. St. 1898, $ 2875, complain-
*Whether an action against the owner of a ants held barred by laches from maintaining a
vessel for wrongful death is an action for limit suit for specific performance, or obtaining a
ed liability under Rev. St., 88 4283, 4281, et decree for the value of mining property under a
seq. [U. S. Comp. St. 1901, p. 2943], 'is a ques- contract of sale.-Stevens v. McChrystal (C.
tion of admiralty and maritime jurisdiction, C. A.) 85.
which must be determined by the federal courts.

*In a suit by a purchaser to enforce specific
-The Lotta (D. C.) 219.

performance of a contract to convey real es-
Where a District Court has acquired juris- tate, the wife of the vendor, although not a
diction of a proceeding for limitation of lia- party to the contract, may be joined as a de-
bility for a claim for damages on which the fendant where it is alleged that she has no pro-
owner has been sued in another district, the prietary interest in the property, and it is
claimant cannot defeat such jurisdiction by sought by the decree to debar her from claiming
appearing specially and offering or attempting such interest.-Woodward v. Davidson (C. C.)
to reduce the amount of his claim below the ap- 840.
praised value of the vessel and her pending
freight. The John K. Gilkinson (D. C.) 454. *A delay of three years in instituting suit
Under admiralty rule 57 (9 Sup. Ct. iii) a sale of land held sufficient to justify the court

for specific performance of a contract for the
proceeding for limitation of liability against a
claim upon which the owner has been sued, I in refusing such relief.-Sharp v. West (D. C.)

458.
where the vessel has not been libeled, may be
brought either in the district of the suit or in
the district where the vessel may be. The

SQUATTERS.
John K. Gilkinson (D. C.) 451.

Adverse possession by, see "Adverse Posses-
SOCIETIES.

sion," $ 1.
See "Associations."

STATES.

See "United States."
SPECIFIC PERFORMANCE.

Courts, see "Courts."
Apportionment of costs, see "Costs," $ 1. Legislative power, see “Constitutional Law,"
of license under patent, see "Patents," $ 3.

8 1.
*Point annotated. See syllabus.

STATUTES.

1897, July 24, ch. 11, § 1, Schedule A, par.

17, 30 Stat. 154 [U. S. Comp. St. 1901,
Adoption by United States courts of state laws p. 1628]....

610
as rules of decision, see "Courts," 1.

1897, July 24, ch. 11, § 1, Schedule B, par.

99, 30 Stat. 156 [U. š. Comp. St. 1901, p.
Provisions relating to particular subjects.

1633]

.63, 610
See “Carriers,” g 1; "Customs Duties" ; "Dis- 1897, July 24, ch. 11, § 1, Schedule D, par.
covery,” § 1; "Indians"; "Internal Reve-

205, 30 Stat. 168 (U. s. Comp. St. 1901,
nue”, “Municipal Corporations," § 1; “Rail- p. 1647)..

378
roads," $ 3.

1897, July 24, ch. 11, § 1, Schedule I, par.
Revenue laws, see "Internal Revenue."

303, 30 Stat. 175 [U. S. Comp. St. 1901,
$ 1. Construction and operation.

p. 1656)..

327
*In construing a statute, the intent of the 1897, July 24, ch. 11, § 1, Schedule I, pars.
legislative body should be given effect, if pos-

304-308, 30 Stat. 175 [U. S. Comp. St.
sible.-Stevens v. Nave-McCord Mercantile Co. 1897, July 24, ch. 11, § 1, Schedule I, par.

1901, p. 1656]....

562
(C. C. A.) 71.

310, 30 Stat. 178 [U. S. Comp. St. 1901,
*Where a statute relating to the disposition

375

p. 1659]..
of public lands is obscure, the practice of the 1897, July 24, ch. 11, § 1, Schedule I, par.
Land Department in interpreting the statute
will be accepted by the courts.-United States

321, 30 Stat. 180 [U. s. Comp. St. 1901,

562
v. Burkett (B. C.) 208.

p. 1661)..
1897, July 24, ch. 11 § 1, Schedule N, par.

450, 30 Stat. 193 [U. S. Comp. St. 1901,
STATUTES CONSTRUED.
p. 1678].....

608
1897, July 24, ch. 11, § 1, Schedule N, par.
UNITED STATES.

459, 30 Stat. 194 (U. S. Comp. St. 1901,
p. 1678]...

610
STATUTES AT LARGE.

1897, July 24, ch. 11, § 2, Free List, par.
1875, March 3, ch. 137, § 1, 18 Stat. 470. 587, 30 Stat. 198 [U. S. Comp. St. 1901,
Amended by Act 1887, March 3, ch. 373, p. 1684)...

239
§ 1, 24 Stat. 552

644 1897, July 24, ch. 11, § 2, Free List, par.
1875, March 3, ch. 137, $8 5, 8, 18 Stat. 627, 30 Stat. 200 (Ú. S. Comp. St. 1901,
472

644
p. 1686].....

419
1875, March 3, ch. 144, 18 Stat. 479 (U. S. 1897, July 24, ch. 11, § 2, Free List, par.
Comp. St. 1901, p. 3675)...

152 657, 30 Stat. 201 [Ú. S. Comp. St. 1901,
1878, June 14, ch. 191, $ 2, 30 Stat. 113.. 208 p. 1687]...

605
1883, March 3, ch. 121, § 6, Schedule M, 1898, June 13, ch. 448, 30 Stat. 448 (U. S.
22 Stat. 510..

238
Comp. St. 1901, p. 2286]....

199
1884, July 4, ch. 180, 8 8, 32 Stat. 97.. 550 1898, June 13, ch. 448, 30 Stat. 448.
1886, Aug. 2, ch. 810, 24 Stat. 209 [U. S.

Amended by Act 1901, March 2, ch. 806,
Comp. št. 1901, p. 2228].

658

31 Stat. 938 [U. S. Comp. St. 1901, p.
1887, Feb. 4. ch. 104, 24 Stat. 379 (U. S.

2286]

289
Comp. St. 1901, p. 3154]...

214
1887, March 3, ch. 373, 24 Stat. 552.

1898, July 1, ch. 541, 30 Stat. 544 [U. S.
Comp. St. 1901, p. 3418).

266
Amended by Act 1888, Aug. 13, ch. 866,
25 Stat. 433 [U. S. Comp. St. 1901, p.

1898, July 1, ch. 541, $ 2(5), 30 Stat. 546
[U. S. Comp. St. 1901, p. 3421].

817
508]

406
1887, March 3, ch. 373, § 1, 24 Stat. 552.:: 644 1898, July 1, ch. 541, $ 2(7), 30 Stat. 545,

699
1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S.

[U. S. Comp. St. 1901, p. 3420].
Comp. St. 1901, p. 508]..

406

1898, July 1, ch. 541, $ 3, cl. 4, 30 Stat. 546
1888,
Aug. 13, ch. 866, § 1, 25 Stat. 433 [U.

[U. S. Comp. St. 1901, p. 3422]. .. 293
S. Comp. St. 1901, p. 508]...

644

1898, July 1, ch. 541, $ 3e, 30 Stat. 547 [U.
1890, June 10, ch. 407, § 14, 26 Stat. 137

S. Comp. St. 1901, p. 3423]........120, 574
(U. S. Comp. St. 1901, p. 1933].

566

1898, July 1, ch. 541, § 6, 30 Stat. 548 [U.
1890, June 10, ch. 407,'$ 19, 26 Stat. 139

S. Comp. St. 1901, p. 3424]. . . 269, 307
[U. S. Comp. St. 1901, p. 1924]...

63

1898, July 1, ch. 541, $ 24a, 30 Stat. 553
1890, Oct. 1, ch. 1244, § i, Schedules I, K,

[U. S. Comp. St. 1901, p. 3431].

307
pars. 355, 392, 26 Stat. 593, 596.

687 1898, July 1, ch. 541, § 24b, 30 Stat. 553
1890, Oct. 1, ch. 1244, § 5, 26 Stat. 613.. 687

[U. S. Comp. St. 1901, p. 3432]... 731
1891, March 3, ch. 517, § 6, 26 Stat. 828 1898, July 1, ch. 541, § 25a, 30 Stat. 553
[U. S. Comp. St. 1901, p. 549]....

71 [U. S. Comp. St. 1901, p. 3432]......71, 307
1891, March 3, ch. 517, 87, 26 Stat. 828 1898, July 1, ch. 541, § 57n, 30 Stat. 561
[U. S. Comp. St. 1901, p. 5501..
731 (U. S. Comp. St. 1901, p. 3444].

89
1893, March 2, ch. 196, 27 Stat. 531 [U. S. 1898, July 1, ch. 541, § 60b, 30 Stat. 562
Comp. St. 1901, p. 3174].

...229, 442 [U. S. Comp. St. 1901, p. 3445]. Amend-
1894, Aug. 13, ch. 280, § 1, 28 Stat, 278 ed by Act 1903, Feb. 5, ch. 487, § 13, 32
(U. S. Comp. St. 1901, p. 2523]...

465 Stat. 799 (U. S. Comp. St. Supp. 1905,
1897, June 7, ch. 4, § 1, arts. 19, 22, 23, 30 p. 689]....

546
Stat. 96 et. seq. (U. S. Comp. St. 1901, p. 1898, July 1, ch. 541, $ 64b (3), 30 Stat. 563
2883]
193 [U. S. Čomp. St. 1901, p. 3447].

817
*Point annotated. See syllabus.

1898, July 1, ch. 541, § 69a, 30 Stat. 565 Page 3423

126, 574
[U. S. Comp. St. 1901, p. 3450].
574 | Page 3424

..269, 307
1898, July 1, ch. 541, § 70a (6), 30 Stat. Page 3431

...307, 699
565 [U. S. Comp. St. 1901, p. 3451]..... 226 Page 3432
1901, March 2, ch. 806, 31 Stät. 938 (U. S.

71, 307, 731
Page 3444

...89
Comp. St. 1901, p. 2286].
289 Page 3445

546
1903, Feb. 5, ch. 487, § 13, 32 Stat. 799 [U. Page 3447

817
S. Comp. St. Supp. 1905, p. 689].
546 Page 3450

574
1903, Feb. 19, ch. 708, § 1, 32 Stat. 847 [U. Page 3451

226
S. Comp. St. Supp. 1905, p. 599).
214 Page 3497

1
1906, June 29, ch. 3591, $82, 6, 34 Stat. Pages 3669, 3670..

560
584
406 Page 3675

152
Page 3696

379
REVISED STATUTES.
§ 465 [U. S. Comp. St. 1901, p. 261]...... 550

COMPILED STATUTES (SUPP.) 1905.
§ 724 (U. S. Comp. St. 1901, p. 583]
32 Page 599

214
$ 858 [U. S. Comp. St. 1901, p. 659
257 | Page 689

546
§ 863 (U. S. Comp. St. 1901, p. 661]

608
$ 954 [U. S. Comp. St. 1901, p. 696).... 241
$8 1000, 1007, 1012 [U. S. Comp. St. 1901,

ALASKA.
pp. 712, 714, 716]....

102
§ 1014 [Ú. S. Comp. St. 1901, p. 716]. 97

CODE OF CIVIL PROCEDURE.
$ 2057 [U. S. Comp. St. 1901, p. 264)..... 5508 1

524
§ 2901 [U. S. Comp. St. 1901, p. 1921]... 566
$ 2930

529
§ 3226 [U. S. Comp. St. 1901, p. 2088) 658

CALIFORNIA.
$ 4046 (U. S. Comp. St. 1901, p. 2752]... 152
$8 4283, 4284, et seq. [U. S. Comp. St.

CIVIL CODE.
$ 1217

546
1901, p. 2943]....

219
§ 5209 (U. S. Comp. St. 1901, p. 3497]. 1

CODE OF CIVIL PROCEDURE.
$$_5423, 5428 [U. S. Comp. St. 1901, pp.
3669, 3670]..
560 / $$ 336, 685...

759
§ 5480 [U. S. Comp. St. 1901, p. 3696].... 379
COMPILED STATUTES 1901,

GEORGIA.
Page 264.....

550

CODE 1895.
Page 508.
.406, 644 S 3045

48
Page 549...

71
Page 550.

731
Page 583.

32

IOWA.
Page 659.

257
Page 661.

CODE 1897.

608
Page 696.

$ 2992
241

301
Pages 712, 714.

102
Page 716.

97, 102

NEBRASKA.
Page 1628

610
Page 1633.

.63, 610

CONSTITUTION.
Page 1647.
378 Art. 6, § 1....

684
Page 1656.

327. 562
Page 1659..

375
Page 1661.

562

NEW YORK.
Page 1684..

239
Page 1686.

419

LAWS.
Page 1678..
.608, 610 1892, p. 1806, ch. 687......

666
Page 1687...

605
Page 1921

566
Page 1924

63

OHIO.
Page 1933

566
Pages 2088, 2228

658

REVISED STATUTES 1892.
Page 2286
199, 289 $ 1777

689
Page 2523

465
Page 2752

152

LAWS.
Page 2883
193 1885, p. 11....

689
Page 2943
219 1886, p. 146.

689
Page 3154

214
Page 3174

.229, 442
Page 3418

266

SOUTH CAROLINA.
Page 3420

699
Page 3421

817

CIVIL CODE 1902.
Page 3422
293 / $ 2050 et seq...

775

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