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United States. Comptroller of the Treasury.

Decisions of the first comptroller in the Department of the Treasury of the United States with an appendix

. (page 110 of 111)


Subsequent Entictment —

1. Special or general 85



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Index to Decisions. 837

Page.
Subsequent Statute—

1. Effect of 473

Subsidized Railroad Companies —

1. Referred to in second section of act May 7, 1878 205

Subsidy Bonds —

1. Accounts for interest on 188

2. Contract relating to :... 214

3. Decision of Supreme Court regarding interest on 188

4. In relation to 232

5. Interest npon 196

6. Liability to pay 194

7. Mode of paying interest on 235

8. Never received by Utah and Northern Railway Company 193

9. Payment of 245

10. Payment of interest on 206

11. Railroads aided by 214,239

12. Reimbursement of interest paid 214

13. Reimbursing Government for interest paid on 200

14. Rights of United States relating to 214

15. To Pacific railroads, right of Go vernmen t to be paid 200

16. To Pacific railways 188

Subsidy Government Bonds—

1. Transportation of stationery 128

Subsidized Company—

1. Rights of, over stock owned by - .'. 202

Susidized Companies —

1. Rights of 203

Subsidized Railways —

1. Compensation of 203

Subsistence —

1. Allowances for 687

2. Contracts for 241

Substitute—

1. Appointed by agent , 453

2. Definition of 455

3. Dryden quoted regarding 455

4. Express authority to appoint a 454

5. Of attorney 516

Substitution —

1. In regard to 570

Successor —

1. Of Member or Delegate, rightsof 51

2. Reconsideration of a certificate of balance by a 375

3. Reversing decisions by • 167

Succession —

1. To estates 285

Suit—

I. Domiciliary administrator maintaining 297

Suits— (See Liens.)

1. Against the United States by executors or administrators 284

2. Against United States officers xxix

3. In Court of Claims, table of ". xxv

4. To recover wrongful payments - 165

Summary Jurisdiction —

1. Exercise of 461



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838 First Comptroller's Office^ Treasury Department.

S^ndrjf'jOivil AppropriaiUm —

1. Aato 92

2. ^Freedman's Hospital 137

Sundry Civil Expengea —

1. Appropriations for 1%

Superintend —

1. Definition of 618

Superintendent —

1. In regard to daty of General Meigs 618

2. Of public baildings and grounds, sale of old material 120

Superrieing Engineer —

1. And Architect, in regard to General Meigs 618

2. New pension building 588,600

Supervisor —

1. Architect, engineer 613

2. In regard to General Meigs 1 618

3. Of erection of Pension building 617

4. Tenure of office of 444

SupervieorBjof Eleotum9—{8ee Commissioners,)

1. In regard to 4^

Supervieor^s Office-^

1. Duties and compensation of 444

Supplement—

1. To Revised Statutes : 6,133

Suppliu —

1. Appropriations for 523

2. As to 132

3. Contracts for 135

4. Money due for, under contract 36

SupremeCourt ClerVs Case 92

Supreme Court —

1. Affirming decree of perpetual iqjunction 311

2. Affirms right to retain all compensation for transportation 206

3. Allowing interest on Judgment 575

4. Appeal to, as to suits by Pacific Railway Company 188

5. Appeal to, by Pacific railroads 234

6. Approving accounts of clerk of r. . . 102

7. As to concl osiveness of Comptroller's decision 180

8. As to repeals 5

9. As to true construction of section 1765, Revised Statutes 638

10. But one cane sustaining injunction, Treasury Department 311

11. Cases decided in t xxix

12. Conclusiveness of decisions of xxix

13. Congress in time of war 366

14. Compensation; extra allowances 534

15. Compensation for transportation over land-grant railroads 130

16. Constructionofactof June 24, 1812 335

17. Decision of, as to set-oflf 105

18. Decision of, as to subsidy bonds 194

19. Decision of, bearing on claim of General Meigs 638

20. Decision of, in relation to Pacific railroad case 238

21. Decision of, in relation to Pacific railroads 236

22. Decision of, regarding bond^subsidized roads 199

23. Decision of, regarding contracts of Pacific railways 206

24. Decision of, regarding interest on subsidy bonds 188



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Index to Decisions. 839

Page.
Supreme Court — Continued.

25. Decision of, regarding payment of interest on subsidy bonds 200

26. Decision of, regarding reimbursment of Pacific railway 198

27. Decision of, as to - 295

28. Decisions of, regarding compensation to Pacific railways 203

29. Decisions of, regarding fulfillment of^charter contracts 201

30. Decisions of, to be printed 95

31. Denies right of Government to retain compensation 195

32. Denying right to change charter contract 200

33. Divided in regard to judgments xxx

34. Doctrine of, regard ing j urisdiction over money 320

35. Domiciliary guardian 287

36. Emolument returns made by clerk of 93

37. Emoluments of clerk of 92

38. Emoluments of collector of customs 629

39. Executive officer's judgment 366

40. Extra services of an officer as an agent 596

41. Fees of clerk of 92

42. Government, military and civil 371

43. In regard to appointment of officers - 609

44. In regard to appointments • 609

45. In regard to authority and jurisdiction 606

46. In regard to authorities of law 632

47. In regard to compensation of the Army 595

48. In regard to jurisdiction 362

49. In regard to jurisdiction and status of officers 609

50. In regard to provlsionai State government 371

51. In regard to set-off 359

52. In relation to claims 341

53. In relation to extra assistance in post-offices 302

54. Judgment reversed by, claims 309

55. Judgment with interest 573

56. Mr. Chief- Justice Taney quoted, regarding extra compensation 635

57. Mr. Justice Bradley, opinion of, as to fees of clerk of court 100

58. Mr. Justice Miller, opinion of, jurisdiction 313

69. Mr. Justice Nelson quoted, as to copyrights 329

60. Mr. Justice Story quoted, regarding authority of public officer 301

61. Nationality of Government 271

62. Opinion of, in Keyser's case 351

63. Opinion of, quoted, in regard to five per cent, on proceeds of sale of

public lands -. ^ 644

64. Opinion of, regarding set-off 503

65. Opinions of, printed by clerk of 93

66. Original jurisdiction conferred on 313

67. Original jurisdiction of xxviii

68. Overruling certain of its own decisions xxx

69. Pacific railroad contract 234

70. Postmaster-General disallowing credits in favor of a contractor 372

71. Precedence given to appeals in Pacific railway suits 188

72. Printing opinions of 92

73. Public printing for 96,97

74. Quoted as to jurisdiction of successor 167

75. Quoted as to payment of salary 106

76. Quoted from, regarding repeals of charter of Pacific railways 197

77. Quoted, in regard to supplying words 617



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840 First Comptroller's Office^ Treasury Department

Page.
Supreme Court — Continued.

78. Quoted, in regard to the Brindle case 633

79. Quoted, regarding ministerial acts 552

80. Railroads as publichighways 130

81. In relation to receiving pensions 287

82. Reversing judgment ^ 351

83. Reversing Judgment of supreme court of District 351

84. Reviewing, construction 375

85. Reviewing predecessors' decisions 374

86. Ruling of, followed by Court of Claims— Pacific railroads 234

87. Salary of clerk of 94,97

88. Sustains validity ofact May 7, 1878 205

89. Time when an act is operative 400

90. Unlfiwful seizure and conversion 310

91. Validity of act May 7, 1878, confirmed by 206

92. Writ of mandamus — ^Treasurer 335

Supreme Court of District of Columbia —

1. Appointment of administrator by 269

2. Authority of 304

3. Authority over drafts 305

4. Authority over money in Treasury 305

5. Authority over parties in interest 305

6. Eminel P. Halstead appointed administrator by 267

7. Jurisdiction of 305

8. Opinion of, in Keyser'scase 335

9. Public printing for 97

Sureijf^

1. Of ancillary administrator 339

2. Set-off against claim of 502

Suretiee —

1. Discharge of 347

2. Liability of, regarding contracts 517

3. Unauthorized payment by disbursing clerk 144

Surplua —

1. Disposition of, direct tax 386

2. Division of 257

3. Remitted to foreign domiciliary representative 284

Surplueage,

1. In regard to 470

Surplus Assets —

1. As to partnership • 21

Surplus Fees —

1. Payment of, into the Treasury 99

Surplus Fund —

1. Availability of 554

2. Balances carried to 134,553,567

3. Balances improperly carried to 554

4. Direct taxes — amounts carried to 381

5. In regard to 484,544

Surplus Fund Warrant —

1. Disposition of 567

Surplus Proceeds —

1. From tax sales 382

Surveying Land —

1. Costof 582



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Index to Decisions. ' 841

Page.
Surveyora —

1. Of distilleries, judgment of, as to result of operations 79

2. Of stills, salaries and expenses of 65

Surveyor 9- General —

1. Inspectors of 123

Survivor —

1. As to partnership , 21,22

Suepeneiona —

1. For further examination 173

2. In accounts 483

3. In settlement of accounts 175

Swamp Land— Fee Caae 580

Swamp Land Seleotiona —

1. ForStates : 581

Swamp Landa —

1. Fees for the selection of 580

2. Selection of 580

Stvom Evidence—

1. As to payment of allowance to marshals 641

Stoorn Statement —

1. Of distiller to collector 78

Synonyma—

1 . Of the pecuniary remunerations made by Government 141

Table—

1. Of cases V

2. Of cases and subjects in their respective order xi

3. Of claimants vn

4. Of direct- tax account 642

5. Of disbursements for Freedman's Hospital 139

6. Of fees for clerks of Supreme Court 98

7. Showing mileage of subsidized Pacific railways, 213

Tahular Statement—

1. Of condition of direct-tax accounts. 642

2. Regarding direct taxes 376,377,378,380,381

Taftf Attorney- General —

1. Regarding recall of settlements 168

Taneyt Roger £, —

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

2. Chief- Justice, quoted, regarding extra compensation 635

Two—

1. Assumption of, by State 369,364

2. Collection of 365

3. Collection of, from Georgia 358

4. In regard to < 594

5. Levying and apportioning a 358

6. Onacorporate State 357

7. On railroad 272

Taxea-

1. Collected in District, disposition of. 389

2. lUegally assessed • 310

3. IiJ unction for payment of 315

4. Lands sold to individuals 383

5. On distilled spirits 61

6. On lands or Government property 249

7. Rebate of 90



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842 First Comptroller's Office, Treasury Department,

^ Page.

7axM— Continued. *

8. Refunding of internal revenue 586

9. Salesto pay 548

10. Set-off to pay : 105

Taxable ProducU —

1. Manufacture of 64

Taxatian^

1. Redncing internal revenue 91,402,432

Taxation of CosU—

1. Controlled by court 98

Tax Collectors—

1. In relation to taxes 330

Tax Commissionero—

1. Lands, direct taxes 380

2. Lands sold by, for direct taxes 382

Tax Debt—

1. Against a State, Congress cannot authorize a 358

Tax Funds—

1. In relation to 309

Tax-Sale Case 546

Tax Sale—

1. Adjournment of 548

Tax Salee—

1.. As to presumption of payment 16

2. In District of Columbia 552

3. Made by auctioneer 547

4. Made by auctioneer, void 552

5. Power of auctioneer to make 549

Tax Titlea-'

1. Suits involving, direct tax 386

Taller, B, W.—

1. First Comptroller, certifying balance due by Georgia 3i6

2. First Com ptroUer, decision by, regarding contracts 567

3. First Comptroller, decision in Nebraska five per centum case 252

4. First Comptroller, in regard to appropriations 525

5. First Comptroller, letter of, regarding five per centum claimed by Ne-

braska 248

Technical Conetruciion —

1. In regard to authority of decision giving a 032

Teller^ H. Jf.-— (See Secretary of the Interior,)

1. Secretary of the Interior, decision by, in Swamp-land-fee case, quoted.. 581

2. Secretary of the Interior, letter of, quoted, regarding extra compensa-

tion of General Meigs 591

Temporary Act —

1. Repealing statute 436

Tenants in Common —

1. As to bankruptcy ^ 23

2. Of solvent partners 23

Tennessee —

1. Direct taxes of 383

2. Repayment of income tax to certain citizens of 586

Tennessee Administrators —

1. In relation to 281

2. Keyser's case 266

3. Payments to 299



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Index to Deemans, 843

Page.
Tennessee Adminiatraiors — Continued.

4. Rights of, to indonie and accept draft 295

5. Rights of 332

Tennessee Statute —

1. Administration under 273

Tenure of Office—

1. Rights incident to 54

Tenu—

1. In Congress— compensation 413

2. Of a Delegate in Congress 54

3. Of Congress - 59

4. Of Congress, beginning of 47

Territory —

1. Within boundaries of Nebraska, Indian land not a part of 252

Territories —

1. Withholding compensation of Delegates from 102

Territorial Delegates— {See Delegates,)
Territorial Goremment —

1. Holding office under national and 487

2. Organization of 249

Territorial Jurisdiction —

1. In regard to consulates 404

Test -

1. Of intention of Congress 203

2. To determine whether a claim is barred 168

Testament— (See Will.)

Testamentary Law —

1. In relation to 338

2. Of Maryland, in relation to 340

Testator— { See Executor, )

1. Bequeathing bonds 86

2. Carrying out purposes of 87

Testimony —

1. Reviewing decisions * 374

Texas—

1. Judgment against marshal of 102

Texas Bonds —

1. Payable at the Treasury in relation to 312

The Lawrence Bill —

1. Payment of principal and interest of bonds required of the Union Pa-
cific Railroad Company xxvi

TUngs—

1. Construction of statutes in relation to 274

TUrd Auditor—

1. Account in favor of Georgia : 356

2. Relating to Pacific railroads 215

Third Comptroller—

1. Not needed ^.. - , xxiv

Third Military District—

1. Georgia in, during reconstruction 370

Thirty Days—

1. In regard to diplomatic and consular officers' salaries 410

2. Limitation of period for which clerk may be detailed 526

Thomas, General George H, —

1. Command of^ in Georgia during reconstruction 370



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844 First Comptroller^^ Office^ Treasury Department.

Page-
Thurman Act—

1. Boncl-subBidized companies 205

2. Effect of, upon right of recovery 224

3. Net earnings 233

4. Withholding compensation 188

Thurman BiU'^

1 . Compared with that introduced by Mr. Lawrence 211

Timber Agents' Vane 526

Timber—

1. Euconragement of growth of 3

2. Expenses in protecting 527

Timber-CHlinre Act Case 1

Timber-Culture Acts—

1. Commissions on lands entered under I

Timber-Culture Entrie9—'

1. Commissions on 2

Timber Depredations —

1. Expenses in preventing 52d

Timber Lands—

1. Comminsions and fees 2

Time—

1. Consumed in an examination of a criminal charge 462

2. In regard to commissioners' fees 472

3. Maximum amount of, for making transit — ^foreign ministers 448

4. When provisions of statute take effect 538

5. When statutes take effect 400

Time and Services—

1. Of retired Army officers 603

Title—

1. Created by grant of lands, in relation to 226

2. Of appropriation acts 91

3. Of courts, to transfer 326

4. To bonds under will -. 87

5. To Indian lands, United States have exclusive right to acquire 250

6. To laud, placing cloud upon 319

7. To lands in State 318

8. To lands passed from Government to individuals 318

9. To office, salary or profits incident to 411

10. To office, when does it vest? 411

11. To one office 414

12. To property, change of 262

Titles—

1. Evidence as to : 8

2. Of appropriations 143

3. To land»— direct taxes 380

4. To property, in relation to 345

Title Forfeited-

1. In regard to direct tax 385

Tobacco-^

1. Internal revenue seizures of €7

2. Manufacturers and dealers in 92

3. Rebate on 90

4. Taxes on smoking and manufacturing 402

Toll—

1. Public highway 130



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Index to Decisiom. 845

Tort —

1. In relation to suit in , 314

Touoey, Isaac —

1. Attorney-General, letters of, to Fourth Auditor regarding deductions

firom mail contractor's pay 181

2. Attomey-Oeneral, opinion by, regarding decisions of Comptroller 372

3. Attorney- General, opinion by, regarding compensation 533

Tcnonsend, E, D, —

1. Adjutant General, U. S. A., official order of, rej^arding retired Army

officers 610

Tradition—

1. As to unreasonable searches 73

Tran9eHpt—

1. Of proceedings, compensation for 403

Tranacript^—

1. From Treasury books 507

2. Proofs— evidence 507

1. Of duties of clerks 84

2. Of registered bonds 86

Trantfera — (See Asitigiimenta.)

Transfer of Title—

1. Holding office 414

Transportation —

1. Charter contract relating to compensation for 200

2. For military and civil service - 130

3. Of mails, accounts for xxiii

4. Of mail iu the star-route service, as to 24.

5. Of prisoners 410

6. Of the^Anny 216

• 7. One-half of earnings by 236

8. Over leased and purchased roads 227

9. Payment of railroad companies for 127

10. Public lands— railroads 129

11. Recovering from Pacific railways compensation for 197

12. Services performed by Paci fie railroad companies 213

Tramportation Contracts —

1. Right of subsidized corporations to make 202

Transportation Expenses —

1. Distinct from lodging expenses 528*

2. In regard to 526

Transportation Services—

1. Balance certified by Second Comptroller 246

2. Conipensatiou for 214

3. Contracts for.... 245

Transporting Criminals —

1. Guard authorized for 481

2. Mileage for guard 434

Travel—

1. Marshals' fees for 435

Traveling Expenses—

1. Allowance in lieu of 526

2. Inregardto 526

Treason —

1. As to 109



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846 First Comptroller's Offlce, Treasury Department.

TrtMurer —

1. Accounts of 104

2. As a disbursing officer 104

3. Control of money deposited to credit of 99

4. Credits allowed 266

5. Deposit of public money with 38b

6. Disbursements by 306

7. Drafts— issuance 344

8. Duties— jurisdiction 326

9. Duties and privileges of 279

10. Duty of, in payment of drafts 263

11. Giving draft on himself 350

12. Has no authority to decide to whom payment shall be made 281

13. In relation to domiciliary or ancillary administrator 281

14. In relation to draft of the 296

15. Jurisdiction and custody of public money 309

16. Lawful payment of drafts 333

17. Location of office of 278

W. Miuistorial duty of 351

19. Of Howard University, account of IIB

20. rajmeut of drafts 279

21. Payment of Kepreseutat I ves' salaries by 104

22. Public moneys deposited with 340

23. Settlement of accounts of 296

24. Settlements of accounts of xxvii

TrcMurer's Accounts—

1. Report of .' 305

Treasure)'' 8 Draft—

1. Delivery of 255

2. Issuance of 255

Treasury —

1. Branches and agencies of 340

2. Demands against Government adjusted in 185

3. Deposits — amounts covered into 339

4. Disposition of money covered into 99

5. Illegal payments covered into the 137

U. Jurisdiction of money in the 309

7. Locality of 261,278,279,340,347

8. Mode of covering money into 145

9. Payment of surplus fees into 99

10. Places of deposit of public money 261

11. System of accounting in XX

12. Ubiquity of, throughout the Union 279

13. Unexpended balances covered into the 564

Treasury Department—

1. Accounts in 354

2. Accounts of appropriations in 561

3. Accounts of Pacific railways in 188

4. Amounts of money involved in operations of xxiv

5. Conclusiveness of practice in 291

6. Duties of accounting officers 502

7. In regard to set-oflf by 359

8. Jurisdiction of accounting officers in 192

9. Payment by officers of 302

10. Practice in, regarding administrators 353



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Index to Decisions. 847

Page.
Treasury Departmcnt^ContiDXLedi,

11. Public buildings under control of 132

12. Becognition of assignments by 277

13. Kegulations regarding vouchers for stationery 396

14. Situs of assets 273

15. Stationery furnished by 127

16. Supreme Court sustaining injunction restraining, one case only 311

17. Transfer and payment of bonds 86

18. Usage in, regarding rejected claims ^ 373

Treasury Department Practice — (See Departmental Practice.)

Treasury Department Records—

1. Destroyed by fire 14

Treasury Draft —

1. Action maintained against the United States upon a 571

2. Evidence of a right to demand or receive money 277

3. Issued to A for use of B 465

4. Jurisdiction as to locality 270

5. Jurisdiction of, as assets 353

6. Not money .' 277

7. Payable to order of, for use of 457

8. Withholding payment of 465

Treasury Drafts —

1. Authority over 295

2. Bank checks 266

3. Certificates of deposits 266

4. Control and payment of ^67

5. Legal situs of 353

6. Not property 277

Treasury l^otes —

1. In relation to ,^ 347

Treasury Wanant —

1. Compared with patent right 26

2. Countersigned by First Comptroller 243

3. Draft drawn thereon 262

4. Granted by Secretary of the Treasury 243

Treasury WarrantS'~{^ieQ Warrants,)

1. Authority to make payments 298

2. Second Comptroller has no jurisdict ion over 243

Treaty—

1. With Brazil 311

2. With Great Britain, award in favor of Pemberton 312

3. With Mexico, award under 1 313

Treaties —

1. Withlndians 149

Trespass —

1. Regarding unreasonable search 72

Trial—

• 1. By impartial juries 73

Triangle Reservation —

1. Iron fence inclosing 120

Ttihunal—

1. Limited power of special 177

2. Proceedings in a 363

Tribunals —

1. Jurisdiction of, in District 341



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848 First Comptroller's Qffieey Treasury Department.

Page.
Tribunal of La$t Ee$ort -

1. Comptrolior'is decision is a .^ xxix

Trimble, JV. fT.—

1, Party in Copy case 491

Triplicate Certificates—

1. Inregard to 433

Tripe—

1. Deductions for failures to perform 156

Troope —

1. On railroads 204

2. Transportation of 129

Truet—

1. Character of 465

2. Held subject to equity jurisdiction 263

3. Holding claim in 457

4. In regard to auctioneers : 551

5. In regard to payments 464

6. Patentee holding in, for other parties 318

7. Resulting or constructive 459

Truete—

1. In relation to 309

2V««/ea— (See Agents Executor,)

1. Appointment of, under will 87

2. Funds held by United States as a 30d

3. (toverument as a 45ij

4. Inregard to 401

5. Partial account of 177

6. Payment of bequest to 86

7. United States as 34i

Trusteee—

1. Inrelationto 309

2. Jurisdiction over money 319

Trustee Procens — {iieQ Process.)

1. In relation to 276,2^:'0

Trust Estate—

1*. Keleasiug or compounding debt duo to 467

Trust Fund—

1. In regard to 464

2. InvcHtmeut of «7

Trust Funds—

1. In relation to 309

Trust Lands—

1. In regard to sales of 633

2. Not public lauds (xJ4

Trust Moneys —

1. In regard to t)34

2. Keceptiou and investment of 634

Tugale, W, 0.—

I. Attorney in Georgia case 356

Twenty-third Rule—

1. Of Supreme Court — interest C73

Twlnimjy JVilliam J, —

1. Party in District Commissioners' cases * 3e9



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Index to Decisions. 849

Page.
Two Offices—

1. Inoompatibility of holding 466

2. In regard to holding 629

3. In regard to salary for each of 637

U.
Uh^[uity—

1. In relation to 341

VlHmaU Xights—

1. Determination of 302

Unaided JZatZwa^a— (See Pacific Bailways)
UncoUcoied Taxes—

1. Future debt cannot be setoff against 359

Unexpended Balances—

1. Covered into the Treasury 554,565

2. Improperly carried to surplus fund 567

3. Of deficiency postal appropriations 553

Union—

-1. Admission of Nebraska into the 249

2, Ubiquityof Treasury throughout the 279

UniUd States—

1. Act of authori^bd officers or agents 298

2. As a debtor, enforcement of local policy against 274

3. As trustees— funds 309

4. Cannot be sued 283

6. Debts due from 268

6. Discharge of, liability of 281

7. Domicile of 324,346,353

8. Evidence of indebtedness by 294

9. Has no local situs as a debtor 280

10. Has no place of domicile 275

11. In regard to waiver of rights of 577

12. Interference with, performance of its duties 280

13. Partyto a suit 262

• 14. Property— judgment 325

15. Rlghtof, to apply money byway of set-off 354

16. Right of, to defend against invalid claim ^ 77

17. Rights of, as to land-grant railroads 131

18. Rights of— judgment 573^.

.19. Reimbursing the, for interest on subsidy bonds 232

20. Set-off in favor of 375

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