59. First Comptroller, opinion by, in Special Disbursing Agenfs case 1^4

60. First Comptroller, opinion by, in Supreme Court Clerk's case 95

61. First Comptroller, opinion by, in Timber- Agent's case 5^

62. First Comptroller, opinion by, i n Timber-C nit ure-Aot case 3

63. First Comptroller, opinion by, in Winchester's* case 21

64. First Comptroller, as to establishment of Department of Justice 115

65. First Comptroller, final decision by, in Keyser's case 353

66. First Comptroller, letter of, regarding allowance to attorneys , 114

67. First Comptroller, resolution introduced into the House of Represent-

atives regarding indemnity of subsidy bonds 311

68. First Comptroller, views of, admission of Virginia 357

LeoHd Unee —

1. Compensation for services on 203

2. Retaining compensation for serviceson 900

Leaeei —

1. Control and ownership of SOS

2. In relation to 345



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Index to Decisions. 767

Page.
Leave of Absence —

1. Beyond thirty days, power to grant a 529

•2. In regard to 526,528

Lee's Cast^ 296

Lee, Daniel IT.—

1. Party in Lee's oase iJ96

Lees —

1. Definition of 79

Legal Allowances— (See Syuoujfms.)

1. To a marshal 483

Legal Claims —

1. Auditing 254

Legal Discharge—

1. Payment to de/octo administrator is a 262

Legal LidlnUig —

1. Inrelation to 363

Legal Principle—

1. As to^the finality of the Judgment of a Comptroller 156

2. As to the finality of the judgment of a judicial court 156,

Legal Principles —

1. Application of, in regard to claims xxxiii

2. Consideration of, regarding direct tax of Georgia 368

Legal Representative —

1. Of a decedent 285

2. Claims of decedents paid to domiciliary 262

3. Of claimant 515

4. Payment to, by warrant 306

5. Payments to 353

Legal Right—

1. In relation to 247

2. To enter into and search distilleries 65

Legal Rights —

1. Accounting officers deal only with 263

2. Executive officer deals only with 308

Legal Situs—

1. In relation to 306

2. Of a debt 280

3. Of a debt, passes to creditor's domiciliary legal representative 280

Legal Title—

1. Claim, draft 465

2. In relation to 318

3. In regard to releasing 462

Legar4, Hugh S, —

1. Attorney-General, opinions by, as to set-off 501

2. Attorney -General, opinion by regarding compensation 533

Legislative Department —

1. Of the Government, in relation to 334

Legislative Discretion —

1. In re^zard to additional pay 595

Legislative Grant —

1. Of money from nation to State '. 248

Legislative Intent — (See Intention.)
Legislative Power—

1. Constitutional limitation inherent in .*. . 201

2. In regard to creation of office 607



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758 First Comptroller's Office^ Treasury Department.

Page-
X«tter—

1. Of Aaron Brown, regarding deduotions from mail contractors' pay 181

2. Of Acting Commissioner, as to violations of internal-re venae law 61

3. Of Acting Commissioner of Internal Revenue, regarding fruit distill-

eries 60

4. Of Acting Secretary of State, regarding pay of foreign minister 445

5. Of Acting Secretary of the Interior quoted, regarding erection of new

Pension Bbnilding 589

6. Of Attorney-General, regarding appeal to First Comptroller 193

7. Of attorney in SchelPs case, quoted from 574

8. Of Charles Bearddey, Fourth Auditor, regarding deductions from mail

contractors' pay 180

9. Of chief clerk of War Department, quoted from Army accounts 215

10. Of Commissioner of Internal Revenue, as to employment of agents 75

11 . Of Commissioner of Internal Revenue, regarding tax on tobacco, quoted . 90

12. Of Commissioner of Internal Revenue, regarding visiting distilleriee,

quoted from 7i

13. Of First Comptroller to Secretary of the Treasury, regarding •appeal

from Sixth Auditor 193

14. Of First Comptroller, regarding assistant attorneys 114

15. Of H. M. Teller, Secretary of the Interior, quoted, regarding extra

compensation of General Meigs 591

16. Of James Campbell, regarding deductions from mail contractors' pay.. 180

17. Of Keyser's attorneys to Secretary of the Treasury 265

18. Of Postmaster-General, regarding appeal to First Comptroller 193

19. Of Quartermaster-General, quoted from Pacific railroads 215

20. Of R. W. Taylor, as First Comptroller, regarding claim of Nebraska for

five per centum 24cf

21. Of Second Comptroller, as to payment to attorneys 37

22. Of Secretary of the Interior, regarding bonds 124

23. Of Secretary of the Treasury, regarding Pacific Railroad accounts 191

24. Of Secretary of the Treasury to the Attorney-General regarding appeal

to First Comptroller 193

25. Of S. G. and G.C. Ward, as to registered certificates 10

26. Of W. W. Upton, Second Comptroller, in relation to settlement of claims,

appropriation for payment of which has been exhausted 25S

27. Of W. W. Upton, Second Comptroller, quoted from, Pacific rail-

roads 216

28. Of W. W. Upton, Second Comptroller, regarding Five- Year Claim

case 2K

Letters —

1. Of administration 275

2. Of Isaac Toucey , Attorney-General, to Fourth Auditor, regarding deduc-

tions from mail contractors' pay l!:^l

Letters Patent—

1. Statutory authority of executive officers 32^

Letters Testamentary —

1. Granted in a foreign country :26(?

Lecy—

. 1. In regaid to direct tax 385

Levy and Sale —

1. On execution or decree 359

LewiSf E. T.—

1. Party in Election Proclamation case 584



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Index to DedsioiM. 759

1. Acquittance of 470

2. Approprifttion to meet a • • 562

3. As to appropriatioDB • 133

4. As to Government..... 119

5. Authority to create a 135

6. Charging corporate State with a .^ 354

7. Charging the €k>vemment with a 578

8. Contractor charged with 179

9. Evidence to create a 363

10. Of contract created by statute 214

11. Of Government, as to fiscal year 525

12. Of Government under contracts 135

13. Party to be charged with a 363

14. Release of 256

15. Snbject*matter of a 363

LiaMHties—

1. As to ''contracts "and "expenses" 135

2. Determined by First Comptroller xxiv

3. Incurred under appropriation acts 135

4. In regard to postal service 563

5. Of a partnership 21

6. Payment of 464

7. Properly incurred, payment of 134

LiaMlity to Suit—

1. Principle of exemption from j 313

LUn^&ee Clam$; DebU; PracMoe; Properly; Suits,)

1. Assignment of salaries • • 37

2. For internal-revenue taxes 422

3. Inregardto 459

4. In regard to direct tax 385

5. Of attorney 266

6. Of subcontractor 33

1. In Government bonds 87

Light-House Dielmrsememte —

1. In regard to extra compensation ,. 631

lAght-Houae Sitee—

1. In regard to direct tax 386

''Uke Service"—

1. Inregardto ^ 409

Limit—

1. Of pay of postmasters 536

LimiiatiOH —

1. Appropriations, contracts • 136

2. Of temporary repealing act 436

3. Time, payment of money » 136

4. Words of 565

LimitatioM—

1. In regard to official duties 546

2. In regard to power of appointment 549

Limited JurisdioHon —

1. Courtsof 363

Limited Power—

1 As to 156



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760 First Comptroller's Officej Treasury Department

Page
Line o/Dutif —

1. In regard to retired officer 619

2. Pay for servioes not performed in the 622

Xtfie9—

1. Earnings npon leased, controlled| or branch Pacific Railway 223

2. Main or subsidized, net earnings npon 225

Liquidation—

1. Assignments 43

Li»t9 of Deposits—

1. Made by Richard Joseph 145

Litigation—

1. Drafts, distant claimants 333

2. Regarding titles, direct tax 386

3. In Tegsrd to res adjudioata tLnd 9tare decisis 109

Loan—

I. Redemption of Peruvian 300

Loan Contract —

1. Distinct from charter contract 22l>

Local Administrator —

1. Can Government choose a..... 280

2. Enforcing debt 350

3. Payment of claims to 343

Local Administration —

1. Rnleas to 272

Local Assets —

1. Control of Government over 280

2. Drafts, at the election of the Government become 2^

3. Drafts, money 27^

4. For administration «. 261

5. For administration in District of Columbia 262

6. In District of Columbia, as to 268

7. Inrelation to 322

8. Jurisdiction of State over 283

9. Rule of general common law regarding 269

10. Treasury drafts are not 2^

Local Citizenship —

1. Id relation to 271

Local Courts —

1. Authority of, over payments to ancillary administrators 274

Local Creditors —

1. Discrimination in favor of 272

2. Policy of securing a preference to 270

Local District Land Offices— {See Land Offices,)

Local Law —

1. Has no extra territorial operation 290

Local Maryland Statute—

1. As to administration 271

Local Rule —

1. Of common law as to ancillary administration 2^

Locality—

1. As to jurisdiction of courts 270

2. Debts due from Government have no 2^

Location —

1. Definition of 563



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Index to Decisions. 761

Page.
Lockeyy Joseph—

1. Pay draft to, from Edwin Reeside 184

LoctM— (See Situs.)
Lodging Expenses —

1. In regard to sleeping-car fare 526

Log Cabin—

1. Of the distiller, secnrity of, from invasion 74

Lotasiana —

1. Election for Congressman in 584

2. Papers in relation to purchase of 9

Loyal Citizens —

1. Sales, direct tax .^ 383

Lucifer Matches— {&ee Matches,)
Lyman, H. D, —

1. Acting Second Assistant Postmaster-General, as to subcontracts. ...... 33

m.

MacNeilVs Case 88

MacNHlly Finlay—

1. Party in MacNeilPs case 88

Magarity, Jonathan —

1. Power of attorney 40

Mail—

1. Pay for transportation services ,... 553

2. Payment for services in carrying 188

Mails—

1. Accounts for transportation of xxni

2. Carrying without formal contract 554

3. Contracts for carrying 243

4. Failure to carry 156

5. On railroads 204

6. Record of arrivals and departures of 158

7. Right of Government to withhold compensation for carrying 19f>

8. Transportation of 206

9. Withholding compensation for carrying 194

Mail Contractor—

1. Deduction from pay of 179

2. Quarterly account of :.i 179

Mail Contractor's Account —

1. Copy of Auditor's statement of 157

Mail Contracts —

1. Authority of Secretary of the Navy over 176

Mail Service—

1. Report for payment of railway 192

2. Statutes regulating 24

Mail Trips—

1. Failures in 157

Mandamus —

1. Effected only after judgment 331

2. In regard to xxvii

3. In relation to 283,345

4. Judicial power by 316

5. Judiciary will not interfere by 318

Mandamus and Injunction —

1. In relation to , 330



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762 First Oamptroll&f^s Office^ Treasury Department

Page.
Mandate-^

1. Jadgmeiit, mterest -, 574

2. Of Supreme Court, legal effect of 575

Mandatory Decree—

1. In relation to 314

ManJctr, H, C—

1. Party in Pease's ease 501

MantifQctwrer —

1. Of spirituous or malt liquors 64

2. Protection of from unlawful disclosures 70

3. Rebate to, paid in stamps '. 91

4. Redemption of stamps 430

Manufaeturere^-

1. Of tobacco, claims of, for rebate of taxes 90

Man^faeh¥re^*e OperaHone—

1. Penalty for disclosing 62

Marine Hoepital Service—

1. Prevention of infectious diseases 440

Marque and Beprieal—

1. Letters of 366

MarehaVe Attendance Caee 451

MarshaPs Ea^enee Caee ^

MarehaVe Guard Caee 434

Marshal—

1. Account for fees and expenses 47S

2. Allowance to, for deputy 640

3. Deputy,guard ^ 479

4. Duties of, during Congressional election 482

5. Duty of 475

6. Pee for travel of Kuard 410

7. In regard to additional compensation 5%

8. In regard to incompatible offices 488

9. In regard to mileage 507

10. In Territory, elected Delegate to Congress 103

U. pf Supreme Court, appointment of 93

12. Pay for a guard 478

Marekala—

1. Accounts of 507

2. Approving the accounts of 597

3. Clerks of circuit and district courts paid by 1(3

4. Fees for transporting prisoners 410

5. Instructions to 4^

6. Jurisdiction of 481

Marehale* Aocounte —

1. Examination and settlement of 434

MarehaW Feee—

1, For attendance before United States commissioner 451

2. Provisions prescribing 434

Marehaling of Aseete —

1. In bankruptcy 23

Marshall, John —

1. Chief Justice, quoted regarding tax sales 550

Maryland Statute—

1. Administration un^er 273

2. As to administration 271



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Ind^ to Deoisiona. 763

Maryland Statute— Continued,

3. Interference with exeontive offloers 296

4. Of 1875, tmstee, assignment 399

Ma^on, John F. —

1 . Attomey-Qenerai, opinion by, regarding oomi>ensation 533

Master in Chancery —

1. Powersof 552

Match-stamp Case 430

Matckee —

1. Stamps, removal of 432

2. Unused stamps for, redeemed 430

Materials —

1. Appropriations, contracts 1 136

2. For distillation, classification of 79

Maury, W. A.—

1. Attorney in Keyser's case 335

Maxfield, Samuel A.—

1. Party in MacNeilFs case 88

MeCammon, Joseph K.^

I. Assistant Attomey-Qeneral, argument regarding extra compensation

to General Meigs 592

MoEnery, Samuel D, —

1. €k>vemor of Louisiana, writ of election issued by 584

MoEnight and Bichardson—

1. Assignments 42

MeMahon, Edward—

1. Party in Kalston's case 507

Medhanio—

1. Employment and payment of 83

Meguire —

1. In relation to jurisdiction oyer drafts 342

Meigs's Case 588

1. Questions arising in, discussed by First Comptroller 616

Meigs, Brigadier and Brevet Major-General Montgomery C—

1. Party in Meigs's case 589

Meigs, Captain M, C—

1. Return from exile of 598

2. Kightsof 611

3. Superintendent of Potomac Water Works, acting as disbursing agent. . 597
Meigs, General M. C— '

1. Pay of, for sux>ervising erection of new Pension building 588

Meigs, Montgomery C, —

1. Extra compension to, njt'^ authorized by law" 623

2. Proceedings in Court of Claims regarding claim of 612

Members of Congress —

1. In regard to holding State office 488

2. In regard to incompatible offices 489

3. Elections, returns, and qualifications of '. 586

4. Receipts of 104

Memorial -

1. Of Captain Meigs, procuring legislation 627

Merger—

1. In regard to 570

2. In regard to drafts 571



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764 First Comptroller's Office^ Treasury Department

Page.
Merriman, A. L. —

1. Attorney in Keyser's caoe 266,335

Message —

1. Of President Bncbauan regarding appropriations for Washington

Aqueduct f^96

Messenger — ^

1. At manufactory of internal-revenue stamp paper 60

2. Employment and payment of 83

Messengers and Pages—

1. Of the Senate, appointment and removal of 417

Mexican Commission —

1. Award 342

Mexico —

1. Award under treaty with 313

2. Claims between this country and 341

Mileage—

1. Claim for f 252

2. For Congressmen 59

3. For travel of guard 410

4. In regard to 434,484,507,510

5. Of subsidized Pacific railways, table of 213

Mileages —

1. Allowances for 527

Military Bodies—

1. In regard to marshals' duties 461

Military Districts—

1. In relation to 357

Military Force—

1. Near any post-office 302

Military Government —

I. In Georgia 370

Military Governments —

1. In relation to 357

Military Land Warrants —

1. In regard to 644

Military Service —

1. As to additional pay of officers in the 601

2. Incidental expenses of 243

3. In regard to composition of the Army 595

4. Preference in civil service for persons honorably discharged from 84

Military Supervision—

1. During reconstruction 369

Miliiia—

1. Calling out the 160

Milnor vs. Metz—

1. Perpetual injunction against paying certain money from Treasury 311

Mineral Lands —

1. As to fees 3

Ministerial Duties—

1. In regard to deputies 551

2. Remedy by mandamus 314

Minister Plenipotentiary —

1. Compensation of 445

Ministers— {Q&e Consular Agents.)

I. Appointment of 445



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Index to Desisions. 765.

Page.
Miliar Children —

1. Rights of 258

Minors —

1. Domicile of 286

2. Pensions doe to 286

Minton, Tkeophilu9 J,—

1. Table prepared by, of snits in Conrt of Claims xxv

Mints —

1. In relation to 347

Miscellaneous Expenses—

1. Meaning of 141

Miscellaneous Items —

1. Meaning of 141

Miscellaneous Objects—

1. Appropriations for 81

Misskitf-

1. Suppression of that, of extra compensation 628

Misconduct—

1. Certified balance founded on 172

Misdemeanor—

1. Extortion, extra compensation 427

Misnomar —

1. Eflfectof.. 608

Mississi^^pi—

1. Settlement of accoonts with State of 250

Miseisaippi Central Bailroad —

1. Company's case 553

Missouri—

1. Credit against direct tax 367

2. In regard to direct taxes 354

Missouri Pacific Bailroad—

1. Subsidy in bonds, &c 247

Missouri Pacific Bailwap Company —

1. Names of roads operated by^ 210

Missouri BaUway Company—

1. Offer of compromise accepted 425

Mistake—

1. Certified balance founded on 172

Mistakee—

1. In mattexB of fact 372

2. Made by courts XXT

MiUimus—

1. In regard to 477

Mixed Commissions —

1. For adjustment of claims 341

Mode—

1. Of covering money to the credit of an appropriation 145

Modes —

1. By which salaries may be paid to Representatives 104

2. Of repealing statutes 80

Moiety —

1. Sinking fund for debt of land grant railroads 129

Money —

1. Appropriations to pay 91

2. At disposal of Postmaster-General 91



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766 First Comptroller's Office^ Treasury Department,

Monejf — Continaed.

3. Belonging to United States, action to recover. ..•• 429

4. Checks as 266

5. Collected from the Treasarjy not local assets 322

6. Covered into the Treasory, disposition of 99

7. Custody, J nrisdietion 325

8. Dne upon contract 38

9. Future payment of 241

10. In regard to redemption of stamps 433

11. In relation to Jurisdiction over 319

12. In relation to title to 324

13. In the hands of an officer, manner of reaching 319

14. In the Treasury, court cannot control 310

16. In the Treasury, not segregated... 261

16. In the Treasury, not segregated by draft 278

17. In the Treasury, equity court 324

18. In the Treasury for payment of claims ^ 279

19. Locationof 342

dO. Payment of debts with 296

21. Promised, mode of reaching 280

22. Beceiyedto the use of the United States... »• «. 429

23. To be expended under direction of the Secretary of the Treasury tS

1. Advances of public 123

2 In the Treasury, earmarking 347

3. Treasury shall disburse 29S

Money-Order Busine$9—

1. In regard to zzm

Money-Order Syetem -

1. In regard to xz

Money Payable -

1. In relation to Jurisdiction over debtor 276

Money Taxedr -

I. By the court, retaining 4^

Moore, John C, United Statee Commieeioner'-'

1. Docket feesof 395

Morgan, John T.—

1. Letter of, regarding authority of Sergeant-at-Arms of the Senate 416

Morgan, Thowuu P. —

1. Party in District Commissioner's case ^ 4.., *^

Mortgage—

1. Against aided Pacific railroads 23d

2. On promissory note 324

MoHon—

1. To be discharged from criminal charge 4?2

Moyers, Qilhert^

1.' Party in Keyser's case 264

Municipal Oovernment —

1. Mismanagement by.... 392

MunimenU of TitU- f

1. To money represented by drafts 350

Munitione of War—

1. Claim for 343

Muit-

1. Definitionof 79



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Index to Decisions. 767

Page.

Naked Pcnoer —

1. In regard to 516'

2. Statute regarding 36

Name—

1. In regard to extra compensation of General Meigs 5if2

National Cemetariee —

I. In regard to direct tax.... 386

National CUieenehip —

1, Inrelation to 271

National Common Law —

1. In relation to the €k>Temment 271

2. Universal application of 292

NaUondl Cowrt9—

1. In regard to jurisdiction of xxvul

2. In relation to rights of citizens • • 290

3. Not controlled by State law 289*

Naiio>nal ^oeevitice Common Law—

1. A long-continaed usage becomes .^.^i.. 255

2. As to set-off.... *. ^.. 501

3. Determination by Comptrollers ••..•»•• ...••••• xxvii

4. In regard to • «... 463

5. In regard to set-off...'. 503

iVaitoiiaZ QoJserMMfni—

1. Inrelation to rightsof citizens 290^

2. Powers of 291

Natiimal Judicial Common Law—

1. In regard to ^ 463

National Law —

1. General effect of 248

National Lowe —

1. In relation to State laws 291

NcUional Loano—

1. History of. • 9-

National Officer—

1. Appointment of, by State 486

National C^oere—

1. Inrelation to elections. • 490

2. Qualifications of. 486

National Securitiee—

1. Papers connected with issue of lost 14

National Sovereignty —

1. Maryland statute does not include, as to administration 271

National Treasury —

1. Safeguard of xix.

Nation —

1, United Statesasa 271

Naturalization —

1. Mr. Gannon's certificate of 55

Naval Offloero—

1. Salaries of 484

Naval Service—

1. Preference in civil service for persons honorably discharged firom 84

Navy

1. Allowances for the 627

2, Pay of 484.



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768 First Comptroller's Officej Treasury Department.

Navy Department —

1. Annual appropriatioDi for expenses of. 253

2. Contracts for 241

3. Disposition of accounts of 252

Navy Hoipiial Fund—

1. Authority of oommissiouers of the 607

NeaUf Ltftufy—

1. Party in special deputy marshal's case 473

Aeftnwfco i^M Per Ctmt, Com 247

Atf6nwl» Five Per Cent. Can (addition to) 644

Ntifraeka—

1. Admission of, into the Union 249

2. Congressional grant of 5 per centum to 253

3. Direct taxesof 380

4. Effect of national laws in 24S

5. Enabling act for 250

6. Indian lands in, not a part of 252

7. Lands in, not owned by 249

8. Not entitled to the 5 per centum 24d

9. Permanent Indian reservations in 24e

10. Rights and prlyilegesof 252

JVeoeeeiiy—

1. As to substitutions • 455

2. Rule of, as to balances 173

Neglect—

1. Consequences of 170

Negligenee—

I. Effect of, on claimants 13

Negligent Payment —

1. Effect of 170

Negotiable Inetrument —

1. Production in court ^ 332

Negotiable ObUgaOone—

1. Original debt merged in 570

Negotiation—

1. In relation to debts 300

Neleon, John—

1. Attomey-Qeneral, opinion by, regarding compensation 533

2. Attorney-General, opinion by, regarding decisions of Comptroller 372

Neleon, Samuel—

1. Justice Supreme Court, quoted as to copyright 329

Net Eaming$—

1. Five per centum of 204,238

2. Five per centum required 203

3. In relation to 225

4. Of Pacific railroads 232

5. Right of Government to 5 per centum of 199

6. What shall be 205

Nevada—

1. District and circuit court in 49s

New Appointor—

1. In consular service, special salary for thirty days 414

New Contract—

1. Final Judgment is a 577

2. Judgmeutasa ••• 573



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Index to Decisions. 769

Pftffe.
New DuUea—

1. No additional comi>enBation can be demanded for performance of 5d6

New Legislation-^

1. In relation to Pacific railroads 240

New Mexico —

1. Direct taxes of 380

New Bights -

1. Affirmative Btatntes given 5

Next of JSKii—

1. Rightsof 337

I^hfs Lodging - '

1, Inregardto 640

Nomination —

1. To office, in regard to 411

Non-hmd Subsidized Roads -

1. Compensation for transportation on 245

Non-pagment—

1. Draft protested for 281

Noi^^esidenoe—

1. Inrelationto 342

Non-resident Creditor —

1. In relation to 323

Non-resident Drfendents—

1. Publication of notice to 262

Non-resident Private Debtor—

1. In relation thereto 280

Non-residents—

1. Letters granted on estates of 343

Non-subsidized Compang—

1. Liability of 202

Non-subsidized Leased Lines —

1. Pacific railways 238

North Carolina —

1. Here and there an illicit distillery in 74

2. Regarding security against unlawful search 60

Note— {See Foot-note,)

1. As to compensation of registers and receivers of district land offices.. . 4

2. As to House Report No. 599, on election of Delegates 55

3. As to paying collection orders 33

4. As to payment of compensation of Congressmen 48

5. As to purchase of salaries 37

6. As to questions in Andrews' Appeal case 36

7. As to sealed instruments 18

8. By First Comptroller, disbursing accounts 510

9. By First Comptroller, in regard to repealing statutes 440

10. By First Comptroller, in regard to swamp lands 583

11. By First Comptroller, in Keyser's case 334