Insurance-Jurisdiction.

INDORSEMENT-Continued.

2. Such an indorsement is sufficient to apprise subsequent indorsees of
the bill that no authority existed authorizing a transfer to them. Ib.
INSURANCE. See SALVAGE; LIEN.

INTENTION. See CONTRACT; NEUTRALITY LAWS.

INTERNAL REVENUE-

1. An executor was directed to sell certain designated parcels of real es-
tate belonging to the testatrix "and convert the same into cash," and
"out of the proceeds thereof to pay any debts I may have, and the
above-named legacies," and in pursuance of such provision of the
will, the executor sold the property referred to: Held, that such leg-
acies are not subject to the tax or duty imposed by section 111 of the
internal revenue act of July 1, 1862, upon legacies arising from per-
sonal property. United States v. Watts, 580.

2. In limiting the scope of the law to legacies arising from personal
property, the inference is irresistible that it was intended to exempt
such as were payable from the proceeds of real estate. Ib.

3. The courts of the United States are not at liberty by construction or
legal fiction to include subjects of taxation not within the terms
of the law. Ib.

4. In a proceeding in the District Court of the United States against
property seized as forfeited under the internal revenue laws, to
which a claim is interposed, the claimant has a constitutional right
to a trial by a jury. United States v. One Hundred and Thirty Bar-
rels Whisky, 587.

5. Congress has no power by legislation to provide for any other mode
of trying a case, in which the right of trial by jury is secured by
the constitution. Ib.

6. The provision of the statute, declaring that "the proceeding to en-
force said forfeiture of said property shall be in the nature of a pro-
ceeding in rem," is not to be construed as authorizing a trial on
strict admiralty rules, and without the intervention of a jury. Ib.
JOINT ACTION. See PROCESS; RECOGNIZANCE.

JUDGE. See JURISDICTION.

JUDGMENT. See CoSTS; LIEN.

JURISDICTION-

1. In ordering a discharge upon a habeas, a judge of the United States
does not assume a jurisdiction to review or reverse the sentence or
judgment of the State judge, but merely exercises a power expressly
conferred by an act of Congress. Ex parte Robinson, 39.

2. Although the authorities are not uniform as to the right of a State
judge to issue the writ of habeas corpus, where the imprisonment is
under the authority of a law of the United States, it is well settled

JURISDICTION-Continued.

Jury-Legacies.

that when the fact is proved that the imprisonment is under such
authority, the jurisdiction of the State judge is at an end, and all
subsequent proceedings are coram non judice. Ib.

3. The pendency of a proceeding in replevin, in a State court, by which
a party claiming to be a part owner of a steamboat has obtained the
possession of the boat, does not affect the jurisdiction of a court of
admiralty in a proceeding by libel, in which all the parties in in-
terest are before it. Thurston v. Steamboat Magnolia, 93.

4. Claims not founded on maritime liens have no standing in this court
in the exercise of its admiralty jurisdiction, and will be dismissed.
Stapp v. Steamboat Swallow, 189.

5. Where there is concurrent jurisdiction in courts, the tribunal first
obtaining jurisdiction of the subject or person shall retain it. Crane
v. McCoy, 422.

6. Land rented to the United States, to be used temporarily as a camp,
is not a place, within the terms of the constitution of the United
States, over which the United States have "sole and exclusive juris-
diction." United States v. Tierney, 571.

7. Within such camp the jurisdiction of the United States would only be
such as was necessary for military purposes and required for the
enforcement of discipline and the execution of the rules and articles
of war. Ib.

8. The United States possesses exclusive jurisdiction of places that have
been purchased by the United States by consent of the legislature of
the State, for the purpose of erecting a fort, magazine, arsenal, dock-
yard, or other needful building. Ib.

9. The courts of the United States have no jurisdiction of an offense
against section 16 of the act of Congress of 1790, committed in a
place where the jurisdiction of the United States is concurrent with
that of a State. Ib.

10. Under the constitution of the United States and the legislation of
Congress, jurisdiction in the enforcement of maritime liens is vested
exclusively in the national judiciary. McAllister v. Steamboat
Kirkman, 369.

See PROCESS; EQUITY; HABEAS Corpus.

JUSTICE OF THE PEACE. See RECOGNIZANCE.

LAW OF NATIONS. See CONTRABAND OF WAR; COMMERCIAL IN-

TERCOURSE.

LEGACIES. See INTERNAL REVENUE.

Levy-Lien.

LEVY-

1. Where a valid levy was made upon property by a sheriff, and it was
wrongfully removed from the place where the sheriff had left it, he
had a right to take possession of the same wherever he could find it,
if he used no more force in doing so than was absolutely necessary,
and all who assisted him are also justified. Parrish v. Danford, 345.
2. The execution of a bond of indemnity to a sheriff making a levy,
makes the person so executing a trespasser, if the act of the sheriff
was illegal. In trespass, all who are liable are liable as principals. Ib.
LIABILITY. See PRESUMPTIONS; SURETIES; DEBT AND DEBTOR;
RECOGNIZANCE; DAMAGES.

LIEN-

1. A person having a valid maritime lien on a steamboat, who proceeds
to enforce it in a State court, and obtains judgment therefor, thereby
waives his original lien, and occupies a footing of equality with other
creditors having no maritime lien, who also proceeded under the
State law. Stapp v. Steamboat Swallow, 189.

2. It is well settled that the master of a steamboat or vessel has no lien
for wages. Logan v. Steamboat Eolian, 267.

3. It does not, however, impair the lien of a pilot for wages, that when
the boat or vessel was in port the pilot was recognized and officiated
as master. Ib.

4. The acceptance of a draft drawn by the clerk of a boat in payment of
a claim importing a maritime lien, which draft was never paid, is not
a waiver of such lien. Ib.

5. The clerk of a steamboat, who has an interest of one-half in the boat,
has no lien for wages. Ib.

6. The lien of seamen for their wages, being a personal privilege for their
protection, is not assignable; and the assignee buying these claims
for wages on speculation can have no standing in a court of admi-
ralty. Ib.

7. After satisfying the allowed claims for wages out of the proceeds in
the registry, the surplus, if any, will be applied pro rata to the pay-
ment of the other claimants. Ib.

8. The clerk of a steamboat has no power to bind the boat for a loan of
money without the authority of the master for his acts. McAllister
v. Steamboat Kirkman, 369.

9. If the clerk procures money on the credit of the boat, without the
sanction of the master, and the master directly or impliedly assents
to it, it will be regarded as the act of the master, and a lien will be
created. Ib.

10. A maritime lien is equivalent to an express hypothecation of the
boat, and all subsequent transfers or changes of title are subject to

Lien.

LIEN-Continued.

this prior and paramount lien; nothing but payment will discharge
the boat from its operation. Ib.

11. Credits given to a boat in the progress of construction are not liens
by the general maritime law. Ib.

12. The purchaser of a boat sold by order of a State court, takes it sub-
ject in his hands to any lien or interest existing in favor of other
parties prior to his purchase. Ib.

13. An insurance company having paid their quota for the salvage serv-
ice, and having made advances for the necessary repairs of the boat
after being raised, the owners, having no means or credit by which
to make the repairs, have a maritime lien at least to the extent of
such repairs. Collins v. Steamboat Fort Wayne, 476.

14. A due-bill given by the master in the name of the owners for the
amount of such repairs, reciting that they were necessary, and that
the advances therefor were on the credit of the boat, is conclusive
on the owners, unless impeached for fraud, and constitutes a valid
lien.

Ib.

15. Claims for wages earned after the boat was repaired, have an equal-

ity of lien with that for advances made for repairs. Ib.

16. The Fort Wayne having been enrolled at Cincinnati as of that place,
and two of the owners residing in the State of Ohio, one of whom
was the managing owner, the boat was properly enrolled there, and
that was the home port of the boat, although a majority of the own-
ers resided in the State of Pennsylvania, and claimants, therefore,
for stores and supplies furnished at Cincinnati, have no lien on the
boat therefor.

Ib.

17. Debts incurred in building a boat are presumed to be based on the
personal credit of the owners, and do not import a maritime lien.
And this doctrine is not affected by the fact that such debts are de-
clared to be a lien by the law of the State in which the boat was
built. Ib.

18. If the salvage service is rendered under a previous special agreement,
fairly made, stipulating for a compensation contingent on the success
of the salvor's efforts, it will be recognized in admiralty as creating
a valid lien. Ib.

19. But if there are prior lien-holders, not parties to such agreement,
they are not concluded as to the amount of compensation agreed to
be paid, and a court of admiralty may inquire into the reasonable-
ness of the compensation, and make such allowance as may be equi-
table. Ib.

20. The lien of seamen for wages earned prior to the accident is not ab-
solutely extinguished thereby, but continues subject to the salvor's

lien. Ib.

See MATERIAL-MEN; WAIVER; JURISDICTION.

Lis Pendens-Material-men.

LIS PENDENS-

1. Where an order was issued by the court, requiring a defendant to
appear for an examination touching his property, and after the
issuing of the same, but prior to his appearance, he executes a chat-
tel mortgage to certain creditors upon a large amount of stocks and
bonds, such order of examination was not so far lis pendens as to
render the mortgage a nullity. Gregory v. Hewson & Holmes, 277.
2. The principle that where, at the instance of a judgment creditor, a
third person has been cited to answer as to property and effects held
by him belonging to the judgment debtor, such notice operates as
lis pendens, and that the party, from the time of the service of the
notice, can make no disposition of the property or effects in his
hands, does not apply to the case of a judgment debtor, as to whom
there has been a mere order for his examination, without an order
restraining him from disposing of his property. Ib.

The mail of the United States embraces everything which may by law
be transported or conveyed by post. United States v. Dennis, 103.
See RECOGNIZANCE; EVIDENCE.

MARSHAL-

1. Where a deputy marshal was regularly appointed by a marshal, and
duly sworn as deputy, but no return of such appointment was made
by the marshal to the district judge, such omission did not affect the
legality of the service of subpenas made by such deputy, nor deprive
him of the right to his fees. Wintermute v. Smith, 210.

2. A deputy marshal is not entitled to charge for service or mileage for
himself as a witness.

Ib.

3. Though the service is rendered by the deputy marshal, the fees legally
belong to the marshal, and his receipt for them operates as a dis-
charge from liability for such service. Ib.

4. A deputy marshal's remedy for compensation is against the marshal
for whom he performed the services. Ib.

See HABEAS CORPUS; RETURN; SHERIFF.
MASTER.

See LIEN.

MATERIAL-MEN-

1. The supplies of material-men to a ship belonging or represented to
belong to owners residing in another State, are to be deemed to be
furnished on the credit of the ship and the owners until the con-
trary is proved. McAllister v. Steamboat Kirkman, 369.

2. Credit given for supplies furnished a steamboat in her home port is
presumed by the maritime law to have been given to the owner or
master, and not to the boat. ть.