the possession of which the road of the company could not be successfully worked. Immunity from taxation is not one of them."
This seems to us conclusive of the present case. The grant here was not of all the rights and privileges of the Nashville and Chattanooga Company, but of such as were necessary for the purpose of making and using the road, or, in other words, the franchises of the company which do not include immunity from taxation.
On the whole, we find no error in the record.
ACCEPTANCE OF A RESIGNATION. See Officer of the Army.
ACCOUNTING. See Mortgage, 3; Swamp and Overflowed Lands, 1.
ACTION, RIGHT OF. See Assignee in Bankruptcy, 1; Conditions Sub-
sequent.
ACTION FOR MONEY. See Jurisdiction, 1.
1. A ship in tow of a steam-tug, each having its own master and crew,
collided with and sunk a steam-dredge lying at anchor at a proper
place, displaying good signal-lights, and having competent lookouts
stationed on her decks. The tug and the ship having been libelled
and seized, the former gave a stipulation for value for $16,000. Both
were found to be at fault; and the court below entered a decree
awarding the libellants $24,184.57 damages, with interest and costs,
and directing that one half of the amount be paid by the ship, and
the remaining half by the stipulators for the tug. Held, that the
decree should be modified so as to further provide that any balance
of the moiety decreed against either vessel, which the libellants
shall be unable to collect, shall be paid by the other, or by her stipu-
lators, to the extent of her stipulated value beyond the moiety due
from her. The "Virginia Ehrman" and the " Agnese,” 309.
2. A steamboat collided with and sunk a schooner towed by a tug. The
owner of the schooner and the owner of her cargo severally libelled
the steamboat and tug, both of which were found to be in fault.
Held, that each libellant was entitled to a decree against each of the
offending vessels for a moiety of his damages, and for interest and
costs, with a proviso that if either of said vessels was unable to pay
such moiety, then he should have a remedy over against the other
vessel for any balance thereof which might remain unpaid. The
"City of Hartford" and the " Unit," 323.
3. The Alabama and the Game-cock (92 U. S. 695) and The Virginia
Ehrman and the Agnese (supra, p. 309) reaffirmed. Id.
AID AND COMFORT TO THE REBELLION. See Rebellion, The,
1-4.
The provision in the Constitution of Alabama, which declares that "cor-
porations may be formed under general laws, but shall not be created
by special acts, except for municipal purposes," does not prohibit
the legislature from passing a special act changing the name of an
existing railroad corporation, and giving it power to purchase ad-
ditional property. Wallace v. Loomis, 146
ALLEGIANCE. See Rebellion, The, 1-4.
AMNESTY. See Rebellion, The, 3, 4.
APPEAL. See Practice, 8.
ARMY. See Criminal Law; Officer of the Army.
ARTICLES OF WAR. See Criminal Law, 1.
ASSIGNEE IN BANKRUPTCY. See Judgment in Personam; Mort-
gage, 3.
1. Where cotton was captured by the military forces of the United States
and sold, and the proceeds were paid into the treasury, the claim of
the owner against the government constitutes property, and passes
to his assignee in bankruptcy, though, by reason of the bar arising
from the lapse of time, it cannot be judicially enforced. Erwin v.
United States, 392.
2. The act of Congress of Feb. 26, 1853 (10 Stat. 170), to prevent frauds
upon the treasury of the United States, applies only to cases of
voluntary assignment of demands against the government. The
passing of claims to heirs, devisees, or assignees in bankruptcy is
not within the evil at which it aimed.
ASSIGNMENT. See Assignee in Bankruptcy, 2; Claims against the United
States.
AUTREFOIS CONVICT. See Criminal Law, 5.
1. Forty-four record-books, some deeds, mortgages, and other papers of
a county having been stolen, the county officers deposited $3,500 in
the hands of A., upon condition that it should, upon the return of
the stolen property, be paid to the person causing the return. It
was also stipulated that the failure to "deliver some small paper or
papers" should not invalidate the agreement. Within the time
limited, A. received a paper, signed by the deputy-sheriff of the
county, acknowledging the receipt of the record-books, “also papers
BAILMENT (continued).
and small index-books."
He thereupon paid the money to the per-
son presenting the receipt. The county then brought suit against
A to recover the money, alleging that some of the books were, upon
their return, in such a damaged condition as to be rendered com-
paratively worthless, and that he had, therefore, not performed his
contract. Held, that A., being a simple bailee of the money de-
posited in his hands, without compensation, was not, in the absence
of bad faith on his part, responsible for the condition of the prop-
erty at the time of its return. Eldridge v. Hill, 92.
2. An incorporated company entered into a contract with A., the owner
of letters-patent for an explosive compound called "dualin," whereby
he undertook to manufacture it, as required by the company from
time to time, in quantities sufficient to supply the demand for the
same, and all sales produced or effected by the company. The con-
tract provided that all goods he manufactured should be consigned
to the company for sale, and all orders he received should be trans-
ferred to it to be filled; that the parties should equally share the net
profits arising from such sales, and equally bear all losses by explo-
sion, or otherwise, so far as the loss of the dualin was concerned,
but the company assumed no risk on A.'s building or machinery;
that the company should, semi-monthly, advance to him, on his
requisition, a stipulated sum, for paying salaries, for labor, and for
his personal account, and such further reasonable sums as might be
required for incidental expenses of manufacture; and should furnish
him all the raw materials needed to manufacture said explosive in
quantities sufficient to supply the demand created by the company,
or should advance the money necessary to purchase them, the said
advances and the cost of such materials to be charged to him against
the manufactured goods to be by him consigned to the company.
Certain of the materials which had been furnished him under the
contract, and others which he had purchased with money advanced
by the company, were seized upon an execution sued out on a judg-
ment against him in favor of a third party. The company then
brought this action, to recover for the wrongful conversion of the
materials so seized. Held, that the delivery of them by the com-
pany to A. did not create a bailment, but that, upon such delivery,
they, as well as those purchased by him with the money so advanced,
became his sole property, and, as such, were subject to the execu-
tion. Powder Company v. Burkhardt, 110.
BANKRUPTCY. See Assignee in Bankruptcy.
1. In order to invalidate, as a fraudulent preference within the meaning
of the Bankrupt Act, a security taken for a debt, the creditor must
have had such a knowledge of facts as to induce a reasonable belief
of his debtor's insolvency. It is not sufficient that he had some
cause to suspect such insolvency. Grant v. National Bank, 80.
2. The sale of a bankrupt's property under proceedings in involuntary
bankruptcy cannot be invalidated by the fact that he, before their
commencement, had promised to pay in full his debt to a creditor
who, at his instance, instituted them. Wallace v. Loomis, 146.
BILL OF EXCEPTIONS. See Jurisdiction, 10.
A paper incorporated in the record, and certified to be a part thereof by
the court below, if it has all the requisites of a bill of exceptions, will
be considered here as such, although it be otherwise entitled. Her
bert v. Butler, 319.
BOND. See Clearance, 1-3; Estoppel, 1; Jurisdiction; Municipal Bonds ;
Pleading, 2.
1. Where bonds of a corporation, as prepared for issue and sale, promise
payment in lawful money, and, as such, were guaranteed by a State,
a stipulation that they shall be paid in coin, subsequently indorsed
on them by the corporation, in accordance with the requirement of
purchasers from it, is supplementary and subsidiary, and binds only
the corporation itself. Wallace v. Loomis, 146.
2. Duties imposed upon an officer, different in their nature from those
which he was required to perform at the time his official bond was
executed, do not render it void as an undertaking for the faithful
performance of those which he at first assumed. It will still remain
a binding obligation for what it was originally given to secure.
Gaussen v. United States, 584.
See Condition Subsequent.
BURDEN OF PROOF. See Infringement, 2; Internal Revenue, 5; Mort-
gage, 4; Practice, 6.
CALIFORNIA, CLAIM TO LANDS IN. See Mexican Land-Grants.
CAPTURE. See Rebellion, The, 1-4.
CAPTURED AND ABANDONED PROPERTY. See Assignee in Bank-
ruptcy, 1; Rebellion, The, 1-4.
CHARTER. See Constitutional Law, 1–7, 14; Jurisdiction; Taxation, Ex-
emption from.
CHARTER-PARTY. See Contracts, 2, 3.
CHROMO-LITHOGRAPHS. See Imports, Duties on, 1.
CIRCUIT JUDGE. See Jurisdiction, 7.
CITIZENSHIP. See Jurisdiction, 8, 9, 10, 12.
CLAIMS AGAINST THE UNITED STATES. See Assignee in
Bankruptcy.
A. employed B. to collect a claim against the United States. Before its
allowance, or the issue of a warrant for its payment, he drew, in
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