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See BAIL.

CONSTITUTIONAL LAW, 5, 6.
CRIMES, 5, 6, 10, 12, 13.
EVIDENCE, 3, 4.
JURISDICTION, 11.
SLAVE TRADE, 4.
TRIAL, 1, 2.
TREASON.

INFORMER.

See INTERNAL REVENUE, 18, 19.

INJUNCTION.

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.

id.

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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.,

366

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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.

INSOLVENT LAW.

id.

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

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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,

215

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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

7.

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

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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,

403

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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

587

State Courts, does not apply to cases
arising under the Internal Revenue
laws. Stevens v. Mack,

* *

514

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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.

3.

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.

INVOICE.

See CRIMES, 10, 11.

J

JURISDICTION.

5.

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,

18

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,

Bar-

107

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.

id.

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.

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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

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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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