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Evidence of the price at which a commodity was resold by a purchaser is admissible on the question of its market value to establish such purchaser's damages for a breach of warranty as to its quality.-Petrified Bone Min. Co. v. Rogers (C. C.) 445.

The measure of damages for the breach of the warranty is the difference between the market value, in the Italian port of delivery, of rock of the quality called for, and the market value of the inferior quality shipped.-Petrified Bone Min. Co. v. Rogers (C. C.) 445.

The measure of damages recoverable for breach of warranty of quality of a commodity sold by plaintiff to defendants for shipment and delivery to a customer in a foreign port held to be the difference in the market value at such port of delivery of a commodity of the quality warranted and of that delivered.-Petrified Bone Min. Co. v. Rogers (C. C.) 445.

SALVAGE.

Suit in rem for salvage, see "Admiralty," § 2. § 1. Right to compensation.

A decree holding a tug and its employer liable for the salvage of two scows which broke from their moorings at the end of a pier in East river, where one had been left outside the other by the tug during a strong flood tide, affirmed. The No. K 1 (C. C. A.) 111: The No. K 9, Id. The Wm. H. Flannery, Id.

*The fact that the master of a stranded vessel accepted salvage service from a tug under the mistaken belief that it was owned by a company whose boats his owner's agents usually employed does not lessen the amount of salvage award to which the tug is entitled, where she was guilty of no fraud.-The Devonian (D. C.) 831.

§ 2. Amount and apportionment.

A tug awarded $4.500 salvage for assisting a British steamship, worth with her cargo $800.000, to release herself when stranded on the Scituate shore on the Massachusetts coast during stormy weather in the winter.-The Devonian (D. C.) 831.

SERVITUDES.

See "Easements."

SHIPPING.

See "Admiralty"; "Collision"; "Salvage." Marine insurance, see "Insurance," § 4. Restraining action for wrongful death against vessel, in state court, see "Injunction," § 1.

§ 1. Charters.

A covenant of fitness in a charter party does not require the vessel to remove the stanchions which support the beams to facilitate loading, which could not be done with safety unless other provision was made to support the beams, especially where the charter party provides for a deck load at request of the master. -W. S. Keyser & Co. v. Duit (C. C. A.) 328.

*A chartered vessel required by the charter to be seaworthy is required to be so with respect to the stowage of cargo as well as in hull and equipment, and, in the absence of special coutract, to be supplied with proper fittings for the stowage of any lawful cargo.-Harloff v. Barber & Co. (D. C.) 185.

Extra fittings and bagging of cargo required by the master of a chartered vessel for the stowage of a cargo of flint boulders held unusual and unnecessary under the evidence, and the expense chargeable to the owners, and not to the charterer.-Harloff v. Barber & Co. (D. C.) 185.

Under a charter party by which the owner agreed to hold the charterer free of and indemnified against claim for loss or damage to cargo arising through the act, neglect or default of the master or crew, the charter freight is not recoverable where the ship was lost by stranding due to negligent navigation.-Burn Line v. United States & Australasia S. S. Co. (D. C.) 423.

*The charterer of a vessel held responsible for injuries thereto caused by the breaking of a special appliance for the unloading of special cargo.-Bollman v. Tweedie Trading Co. (D. C.)

434.

Under a charter party a vessel returning from Boston to New York for docking prior to reloading held to have worked on the charterer's time, so that the hire continued except for the time consumed in docking.-Bollman v. Tweedie Trading Co. (D. C.) 434.

Under a provision of a time charter party requiring the vessel to be docked and cleaned at least once every six months, as construed by general custom, the charterer is entitled to have her docked at the expiration of six months from the last previous docking, although that was prior to the charter, and. also regardless of her actual condition. Munson S. S. Line v. Miramar S. S. Co. (D. C.) 437.

*Where a time charter of a steamer required her to be in every way fitted for the service and to have steam winches which were to be at the charterer's disposal the charterer is entitled to an allowance for delay in discharging due to the defective condition of the winches or deficiency in steam power for operating -Munson S. S. Line v. Miramar S. S.

Co. (D. C.) 437.

§ 2.

Liabilities of vessels and owners in general.

It is the duty of the owners or master of a vessel, by whose permission, or at whose implied invitation, a visitor has come on board at a port, to exercise reasonable care to avoid in*Point annotated. See syllabus.

general.

jury to such visitor, and to give him a reason- § 1. Nature and grounds of remedy in able opportunity to go on shore before the vessel departs; the measure of such duty being affected by the magnitude of the injury which will otherwise result to the visitor.-The City of Seattle (C. C. A.) 537; Pacific Coast Co. v. Jenkins, Id.

A steamship held liable in damages to a visitor who went on board at an Alaskan port and against his will was carried to Seattle through the refusal of the master to afford him an oP portunity to go ashore after the gang plank had been taken in and the vessel had begun to cast of. The City of Seattle (C. C. A.) 537; Pacific Coast Co. v. Jenkins, Id.

*The officers of a steamship held not chargeable with negligence which rendered the owners liable for the death of a quarantine physician who went on board at night, while the vessel was coaling, to make an inspection, and fell through the open hatchway and was killed, where it appeared that he was properly warned by the master and knew the position of the hatchway. The Euxinia (C. C. A.) 541; Ward v. Dampskibsselskabet Kjoebenhavn, Id.

§ 3. Carriage of goods.

*The general rule that freight prepaid, but which is not earned by delivery of the goods, must be refunded, does not apply as between owner and charterer, where by reference in the charter party the bills of lading are incorporated therein, and they contain a provision that freight prepaid shall be considered as earned, ship lost or not lost.-Burn Line v. United States & Australasia S. S. Co. (D. C.) 423. § 4. Limitation of owner's liability. *Whether an action against the owner of a vessel for wrongful death is an action for limited liability under Rev. St., §§ 4283, 4284, et seq. [U. S. Comp. St. 1901, p. 2943], is a question of admiralty and maritime jurisdiction, which must be determined by the federal courts. -The Lotta (D. C.) 219.

Where a District Court has acquired jurisdiction of a proceeding for limitation of liability for a claim for damages on which the owner has been sued in another district, the claimant cannot defeat such jurisdiction by appearing specially and offering or attempting to reduce the amount of his claim below the appraised value of the vessel and her pending freight. The John K. Gilkinson (D. C.) 454.

Under admiralty rule 57 (9 Sup. Ct. iii) a proceeding for limitation of liability against a claim upon which the owner has been sued, 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 John K. Gilkinson (D. C.) 454.

SOCIETIES.

See "Associations."

SPECIFIC PERFORMANCE.

Apportionment of costs, see "Costs," § 1.
Of license under patent, see "Patents," § 3.

*Complainant held to have an adequate remedy at law for defendant's breach of an option for the sale of a cross-tie outfit, and was not therefore entitled to compel specific performance thereof.-Marthinson v. King (C. C. A.) 48.

in the judicial discretion of the trial judge, *The granting of specific performance rests to be controlled by equitable principles on consideration of all the circumstances of the particular case.-Marthinson v. King (C. C. A.)

48.

*A trustee for a railroad company held entitled to maintain a suit in his own name for specific performance of a contract for the purchase of real estate obtained by him for the use and benefit of his cestui que trust.-Woodward v. Davidson (C. C.) 840.

2. Contracts enforceable.

*A written option to convey property given for a valuable consideration in a proper case may be specifically enforced as against the ownhinson v. King (C. C. A.) 48. er or a purchaser from him with notice.-Mart

*A contract for the sale of real estate signed by the vendor, but not by the purchaser, may be specifically enforced by the latter where based on a valuable consideration.-Woodward v. Davidson (C. C.) 840.

§ 3. Proceedings and relief.

*Under Utah Rev. St. 1898, § 2875, complainants held barred by laches from maintaining a suit for specific performance, or obtaining a decree for the value of mining property under a contract of sale.-Stevens v. McChrystal (C. C. A.) 85.

*In a suit by a purchaser to enforce specific performance of a contract to convey real estate, the wife of the vendor, although not a party to the contract, may be joined as a defendant where it is alleged that she has no proprietary interest in the property, and it is sought by the decree to debar her from claiming such interest.-Woodward v. Davidson (C. C.) 840.

*A delay of three years in instituting suit sale of land held sufficient to justify the court for specific performance of a contract for the in refusing such relief.-Sharp v. West (D. C.)

458.

SQUATTERS.

Adverse possession by, see "Adverse Possession," § 1.

STATES.

See "United States."

Courts, see "Courts."

Legislative power, see "Constitutional Law," § 1.

*Point annotated. See syllabus.

644

STATUTES.

Adoption by United States courts of state laws as rules of decision, see "Courts," § 1.

Provisions relating to particular subjects. See "Carriers," § 1; "Customs Duties"; "Discovery," § 1; "Indians"; "Internal Revenue"; "Municipal Corporations," § 1; "Railroads," § 3.

Revenue laws, see "Internal Revenue."

§ 1. Construction and operation.

*In construing a statute, the intent of the legislative body should be given effect, if possible.-Stevens v. Nave-McCord Mercantile Co. (C. C. A.) 71.

*Where a statute relating to the disposition of public lands is obscure, the practice of the Land Department in interpreting the statute will be accepted by the courts.-United States v. Burkett (D. C.) 208.

STATUTES CONSTRUED.

UNITED STATES.

STATUTES AT LARGE.

1875, March 3, ch. 137, § 1, 18 Stat. 470. Amended by Act 1887, March 3, ch. 373, $1, 24 Stat. 552....

1897, July 24, ch. 11, § 1, Schedule A, par. 17, 30 Stat. 154 [U. S. Comp. St. 1901, p. 1628].....

1897, July 24, ch. 11, § 1, Schedule B, par. 99, 30 Stat. 156 [U. S. Comp. St. 1901, p. 1633]

610

.63. 610

1897, July 24, ch. 11, § 1, Schedule D, par. 205, 30 Stat. 168 [U. S. Comp. St. 1901, p. 1647].....

1897, July 24, ch. 11, § 1, Schedule I, par. 303, 30 Stat. 175 [U. S. Comp. St. 1901, p. 1656].....

1897, July 24, ch. 11, § 1, Schedule I, pars. 304-308, 30 Stat. 175 [U. S. Comp. St. 1897, July 24, ch. 11, § 1, Schedule I, par. 1901, p. 1656].. 310, 30 Stat. 178 [U. S. Comp. St. 1901, p. 1659]...

1897, July 24, ch. 11, § 1, Schedule I, par. 321, 30 Stat. 180 [U. S. Comp. St. 1901, p. 1661]....

378

327

562

375

562

1897, July 24, ch. 11 § 1, Schedule N, par. 450, 30 Stat. 193 [U. S. Comp. St. 1901, p. 1678]...

608

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1875, March 3, ch. 137, §§ 5, 8, 18 Stat. 472

644

1897, July 24, ch. 11, § 2, Free List, par. 627, 30 Stat. 200 [U. S. Comp. St. 1901, p. 1686]..

419

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1897, July 24, ch. 11, § 2, Free List, par. 657, 30 Stat. 201 [U. S. Comp. St. 1901, p. 1687]....

605

238

1884, July 4, ch. 180, § 8, 32 Stat. 97...... 1886, Aug. 2, ch. 840, 24 Stat. 209 [U. S. Comp. St. 1901, p. 2228]. 1887, Feb. 4. ch. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]... 1887, March 3, ch. 373, 24 Stat. 552. Amended by Act 1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508] 1887, March 3, ch. 373, § 1, 24 Stat. 552... 1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508].

550

658

1898, June 13, ch. 448, 30 Stat. 448 [U. S. Comp. St. 1901, p. 2286]..... 1898, June 13, ch. 448, 30 Stat. 448. Amended by Act 1901, March 2, ch. 806, 31 Stat. 938 [U. S. Comp. St. 1901, p. 2286]

199

289

214

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

266

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1890, June 10, ch. 407, § 14, 26 Stat. 137 [U. S. Comp. St. 1901, p. 1933]. 1890, June 10, ch. 407, § 19, 26 Stat. 139 [U. S. Comp. St. 1901, p. 1924]... 1890, Oct. 1, ch. 1244, § 1, Schedules I, K, pars. 355, 392, 26 Stat. 593, 596... 1890, Oct. 1, ch. 1244, § 5, 26 Stat. 613.... 1891, March 3, ch. 517, § 6, 26 Stat. 828 [U. S. Comp. St. 1901, p. 549]. 1891, March 3, ch. 517, § 7, 26 Stat. 828 [U. S. Comp. St. 1901, p. 5501..... 731 1893, March 2, ch. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174].... ..229, 442 1894, Aug. 13, ch. 280, § 1, 28 Stat. 278 [U. S. Comp. St. 1901, p. 2523]. 1897, June 7, ch. 4, § 1, arts. 19, 22, 23, 30 Stat. 96 et. seq. [U. S. Comp. St. 1901, p. 2883]

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1898, July 1, ch. 541, § 64b (3), 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447]......... 817 *Point annotated. See syllabus.

1898, July 1, ch. 541, § 2(5), 30 Stat. 546 [U. S. Comp. St. 1901, p. 3421]. 1898, July 1, ch. 541, § 2(7), 30 Stat. 545, [U. S. Comp. St. 1901, p. 3420]... 1898, July 1, ch. 541, § 3, cl. 4, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422]... 1898, July 1, ch. 541, § 3e, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423]...... .120, 574 1898, July 1, ch. 541, § 6, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3424].. 269, 307 1898, July 1, ch. 541, § 24a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3431]. 1898, July 1, ch. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]... 1898, July 1, ch. 541, § 25a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]......71, 307 1898, July 1, ch. 541, § 57n, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3444]... 89 1898, July 1, ch. 541, § 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]. Amended by Act 1903, Feb. 5, ch. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1905, p. 689]...

817

699

293

307

731

1898, July 1, ch. 541, § 69a, 30 Stat. 565
[U. S. Comp. St. 1901, p. 3450].
1898, July 1, ch. 541, § 70a (6), 30 Stat.
565 [U. S. Comp. St. 1901, p. 3451]..... 226
1901, March 2, ch. 806, 31 Stat. 938 [U. S.
Comp. St. 1901, p. 2286]....
1903, Feb. 5, ch. 487, § 13, 32 Stat. 799 [U.
S. Comp. St. Supp. 1905, p. 689].
1903, Feb. 19, ch. 708, § 1, 32 Stat. 847 [U.
S. Comp. St. Supp. 1905, p. 599].
1906, June 29, ch. 3591, §§ 2, 6, 34 Stat.
584.

Page 3423

574

Page 3424

Page 3431

Page 3432

Page 3444

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289

Page 3445

Page 3447

546

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214

Page 3497

Pages 3669, 3670.

406

Page 3675

Page 3696

546

817

574

226

1

560

152

379

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COMPILED STATUTES (SUPP.) 1905.

32 Page 599

§ 858 [U. S. Comp. St. 1901, p. 659]. § 863 [U. S. Comp. St. 1901, p. 661].

257

Page 689

214

546

608

$954 [U. S. Comp. St. 1901, p. 696]...... 241 §§ 1000, 1007, 1012 [U. S. Comp. St. 1901,

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

§ 1014 [U. S. Comp. St. 1901, p. 716]..

ALASKA.

102

97

CODE OF CIVIL PROCEDURE.

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§ 2057 U. S. Comp. St. 1901, p. 264]. § 2901 [U. S. Comp. St. 1901, p. 1921]. $2930

566

529

§3226 [U. S. Comp. St. 1901, p. 2088].... 658
§ 4046 [U. S. Comp. St. 1901, p. 2752].... 152
§§ 4283, 4284, et seq. [U. S. Comp. St.
1901, p. 2943]....

§ 5209 [U. S. Comp. St. 1901, p. 3497]....
88 5425, 5428 [U. S. Comp. St. 1901, pp.
3669, 3670].....

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

COMPILED STATUTES 1901.

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219

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CODE 1887.

See "Municipal Corporations," § 2.

STRIKES.

1887, § 3384 [Code 1904, p. 1792]....... 241 Right to enjoin picketing, see "Injunction," §§

CODE 1904.

Page 1292, § 3384.

1-3.

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Art. 6, § 47 [Code 1906, p. lxiii]......... 644 On appeal or writ of error, see "Appeal and Er

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ror," § 3.

SURETYSHIP.

644 See "Principal and Surety." *Point annotated. See syllabus.

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