CONSTITUTIONAL LAW, 5, 6. CRIMES, 5, 6, 10, 12, 13. EVIDENCE, 3, 4. JURISDICTION, 11. SLAVE TRADE, 4. TRIAL, 1, 2. TREASON.
See INTERNAL REVENUE, 18, 19.
1. By virtue of the 2d section of the Act of March 2d, 1833, (4 U.E. Stat. at Large, 632,) and the 50th section of the Act of June 30th, 1864, (13 Id. 241,) the proper Court of the United States has power to prevent, by in- junction, the imposition of an illegal tax under the latter Act. Cutting v. Gilbert, 259
2. Where the remedy at law is ade- quate, an injunction is always refused. It will be granted to prevent a multi- plicity of suits and vexatious litiga- tion, where the right has been estab- lished at law; and, where the right is plain, and the remedy at law is not adequate, it will oftentimes be granted without even a trial at law.
4. A person who is not the owner of the fee of the land in a street in the city, over which the track of a horse railroad is about to be laid, but is only an abutting proprietor, owning up to the line of the street, must show special damage sustained, or likely to be sustained, by him, differing in kind from that affecting every other lot-owner on the street, in order to support an individual action by him- self to restrain the laying of such track. Osborne v. Brooklyn City R. R. Co.,
10. In regard to granting an injunction, it is regular to proceed against de- fendants who have been served with process or notice, and are before the Court, although other defendants have not been served.
See ATTACHMENT, 2, 3. CORPORATION. EQUITY, 3 to 5, 23. NAVY YARD, 2, 3. PATENT, 4 to 7, 51. PRACTICE, 9. RAILROAD, 3.
1. A discharge of a debtor, under a State insolvent law, does not dis- charge a debt due by him to a per- son who resides in another State at the time the insolvent proceedings
1. Animal charcoal or bone-black, pro- duced by the process of burning bone, or exposing it to the action of fire, in the same manner that wood is ex- posed to the action of fire, to pro- duce vegetable charcoal, and bone dust, produced by the process of pulverizing or grinding bones or pieces of bone, whereby they are re- duced to small fragments of no regu- lar or uniform shape or size, are "manufactures of bone," within the description of an Internal Revenue Act taxing "manufactures of bone," Schriefer v. Wood,
6. A person who, having a license as a banker, under the 1st subdivision of the 79th section of the Internal Rev- enue Act of June 30th, 1864, (13 U. S. Stat. at Large, 251,) receives stocks, bonds, &c., for sale for others, and sells them, charging the custom- ary compensation, as a banker, and also loans money on stocks, bonds, &c., and sells such securities on ac- count of the borrowers, and deducts from the sales the money loaned, with interest, and the customary charges as a banker, is not liable to the tax of 1-20th of 1 per centum, monthly, on such sales, under the 99th section of the Act, which im- poses such tax. on brokers, and bankers doing business as brokers. Clark v. Gilbert, 330
A person who purchases in his own name stocks, bonds, &c., for others, and advances his own money, and takes the transfers in his own name, and holds the stocks, bonds, &c., as security for the repayment of the money, and, on its repayment, de- livers the securities as per agree- ment, or, in default of repayment, sells them to reimburse himself, and who also purchases and sells stocks, bonds, &c., for others, under certain stipulations as to risk, losses, and profits, is doing the business of a
10. Reasons assigned for refusing the privilege of bonding in this case. id.
11. Under the 48th section of the In-
ternal Revenue Act of June 30th, 1864, (13 U. S. Stat, at Large, 240,) as amended by the 9th section of the Act of July 13th, 1866, 14 Id., 111,) where personal property is seized, because it is found in the place or building, or within the yard or en- closure, where the articles or raw materials previously mentioned in that section are found, the fraudu- lent intent or purpose of the person in the possession, or having the con- trol, of such personal property, does not constitute an element of the ground of forfeiture. United States v. 1 Still,
20. An action for money had and re- ceived is maintainable against a Col- lector of Internal Revenue, for duties or taxes erroneously or illegally as- sessed and collected, when the pay- ment has been made under protest, and with notice of an intention to bring a suit to test the validity of the claim. Nelson v. Carman, 511
21. The Act of March 2d, 1833, (4 U.
S. Stat. at Large, 632,) providing for the removal into the Courts of the United States of cases arising under the revenue laws, brought in the
State Courts, does not apply to cases arising under the Internal Revenue laws. Stevens v. Mack,
2. That provision of the 14th section is in the alternative, and under it an offender may be tried either in the District into which he is first brought, or in the District in which he is ap- prehended, under lawful authority, id. for trial for the offence.
22. Under the 45th section of the Inter- nal Revenue Act of July 13th, 1866, (14 U. S. Stat. at Large, 163,) which provides, that "all distilled spirits found elsewhere than in a bonded warehouse, not having been removed from such warehouse according to law, and the tax imposed by law on the same not having been paid, and shall be forfeited; the burden of proof shall be upon the claimant of said spirits, to show that the requirements of law in re- gard to the same have been com- plied with," where rectified spirits are seized while in process of sale by a rectifier as free of tax, the bur den of proof is on the claimant of such spirits to show that the tax on 4. them has been paid. United States 542 v. 6 Barrels,
See CRIMES, 5, 6, 12. INCOME TAX.
An offence commenced to be com- mitted on board of an American ves- sel, lying at the time in a river which is an arm of the sea, on the coast of Africa, and continued uninterrupted- ly to a point in the Atlantic Ocean several miles from land, is within the jurisdiction of the United States, and United of a Circuit Court thereof. States v. Gordon,
A suit commenced by summons in a State Court of New York, under the 135th section of the Code of Proced- ure of that State, against a foreign corporation having property in that State, followed by a warrant of at- tachment issued under section 227 and the following sections of the same Code, against the property of the defendants in that State, and duly served by attaching property, is "a suit," within the meaning of the 12th section of the Judiciary Act of September 24th, 1789, (1 U. S. Stat. at Large, 79,) providing for the re- moval of suits into this Court. ney v. Globe Bank,
This Court has jurisdiction of such a suit, if properly removed, although it could not, by reason of the provisions of the 11th section of the same Act, have compelled the defendants, by compulsory process, to submit to its suit originally jurisdiction in a brought against them in this Court.
1. Semble, That, under the 14th section of the Act of March 3d, 1825 (4 U. S. Stat. at Large, 118), which provides, that the trial of all offences which shall be committed upon the high seas, or elsewhere, out of the limits of any State or District, shall be in the District where the offender is appre- hended, or into which he may be first brought, an offender captured on the high seas by a public armed vessel of the United States, and ordered to New York for trial, and put on board of a vessel destined for Hampton Roads, and taken to Hampton Roads, and there transferred to another ves- sel, by which he is taken to New York, where he is arrested for the offence, is not to be regarded as hav- ing been brought into the District in 7. A suit to recover damages from a
6. Such a suit can be removed by the foreign corporation under the pro- vision of the said 12th section, which gives the right of removal to a de- fendant who is a citizen of another State than that in which the suit is id. brought.
8. A suit against an Assistant Treas- urer of the United States, in a State Court, to recover the value of certain bonds issued by the United States, which, when they came into his hands from the plaintiff, he, under instruc- tions from the Treasury Department of the United States, retained, on the ground that they were unlawfully put into circulation, as against the party to whom they were issued, is not a suit which can be removed into this
Court under the 3d section of the Act of March 2d, 1833, (4 U. S. Stat. at Large, 633,) which provides for the removal into this Court of a "suit commenced in a Court of any State against any officer of the United States, or other person, for or on ac. count of any act done under the rev- enue laws of the United States, or under color thereof, or for or on ac- count of any right, authority, or title, set up or claimed by such officer, or other person, under any such law of the United States." Vietor v. Cisco, 128
12. Where a vessel was carrying, under a charter party, a cargo that was the property of the United States, and the general owner, through the master, retained the possession and naviga- tion of the vessel, and the master, at a port of distress, executed a bottom- ry bond on both vessel and cargo: Held, on a libel filed on such bond, in Admiralty, against vessel and cargo, that the Court had jurisdiction of the case as regarded the vessel, but that the cargo, being the property of, and in the possession of, the United States, was not subject to seizure or attach- ment, nor could a suit be instituted against the Government in respect to it. The Othello, 342
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