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statute of limitations; 1 of national banks, and the like.
a tender has been paid into court, and ferred by public law, and it is not necesneed not submit the question to the sary to go into proof of the election of jury. Newton v'. Allis, 16 Wis. 197. any of the officers of the corporation.
Village Ordinances.--It seems the The authority of assessors to act for the legislature cannot compel the courts to corporation is evidenced by the fact take judicial notice of village ordi- that their return has been sanctioned nances. Pettit z'. May, 34 Wis. 666. by the officers of the corporation, and
City.--Judicial notice of the existence evidence of their appointment is not of a city in this State is taken without necessary. Ronkendorff v. Taylor, 4 allegation that it is in this State. Chi- Pet. (U. S.) 349. cago etc. R. Co. v. Woodward, 21 Wis. Alien Enemy. - The court will take 309.
judicial notice that a litigant is an Courts.-The circuit court of the alien enemy. Ince v. Beckman, 16 La. United States will take judicial notice An. 352. that the district courts were vested with 2. National Banks.—The federal courts exclusive jurisdiction in all original pro- take judicial notice of the organization ceedings under the Bankruptcy act of of all national banks and their exist1841. Lathrop v. Stuart, 5 McLean ence; and, therefore, in an indictment (U. S.) 168. A plea is not defective be- for the felonious possession of a councause it does not aver that the circuit terfeit national bank note, it is not court of Michigan, in which a certain necessary to aver that the bank is a judgment in the case is alleged to been body politic and corporate. United entered, had jurisdiction. This court States v. Williams, 4 Biss. (U. S.) 302. takes judicial notice of the fact. Wood- Finances of Community. -- Under the worth v. Spaffords, 2 McLean (U. S.) tax law of 1881, a tax payer may deduct 168.
his bona fide debts from all his monBonded Warehouses.--Upon' the eyed capital and credits, except inoney trial of an indictment for a criminal on hand or on deposit, money loaned, violation of the internal revenue laws, bonds, and shares of stock in corporait is not necessary that the government tions, and the courts will take judicial should prove that the bonded ware- notice of the fact that the moneyed house from which it is alleged the capital from which the tax payer may spirits were fraudulently removed was so deduct his debts is a material portion sanctioned or authorized by the officers of the whole moneyed capital of the of the government, since the court will State. Wasson 7. First Nat. Bank, take judicial notice that the law in 107 Ind. 206. force at the time of the transaction re- Evidence in a Litigation.-- When a quired every distiller of spirits to pro- party seeks a ruling on which to base vide such a warehouse, and the jury an appeal, he cannot rely on the judge's may presume that the distiller has com- private knowledge of facts, but must plied with the law. United States v. bring them into the case in some auIlarries, 2 Bond (U. S.) 311.
thoritative and responsible form, so that 1. Limitations.—The court is bound they may become part of the record to take judicial notice of the statute of for the purpose of the review. Detroit limitations when the facts relied on as a etc. R. Co. v. Crane, 50 Mich. 182. bar are stated and are found sufficient. Tax Collector's Bond. — Where there llarpending v. Dutch Church, 16 Pet. is no oyer of the bond in writ, and the (U'.S.) 455
condition thereof is not upon the pleadState Laws in the Federal Courts.- ings, the court cannot judicially know The courts of the United States do not that it was given by a tax collector. require the common law as received in Upper Alloways Creek v. String, 5 each State to be proved like t.ie laws of Halst. (N. J.) 327. foreign countries. Their statute books Whaling voyage. — The meaning of and judicial precedents are received as the term “whaling voyage" is not evidence without proof of witnesses. judicially known to the courts, when Evans v. Cleveland etc. R. Co., 5 Phila. employed in a policy of insurance on a (U. S.) 512.
vessel, and therefore parol evidence is Municipal Powers.-Courts are bound admissible to show what is the usual to take judicial notice of the municipal scope of such voyages. Child z'. Sun powers of a corporation which are con- Mut. Ins. Co., 3 Sandf. (N. Y.) 76.
19. The Usual Course of Nature.-Courts will recognize the usual course of nature, and take notice of its manifestations which belong to the class that is of uniform occurrence and common notoriety.1
That day and night are caused by the diurnal revolution of the carth ; that the seasons recur in their order; 2 the ebb and flow of the tide; the phases of the moon ; the period of gestation and the like. In this they do not rely on their technical knowledge of the laws of nature, 3 but the fact must be invariable and uni
Business Methods. -- It is not error duce death, but does not necessarily for the court to take judicial notice of have that effect in every case, is a matthe ordinary modes of transacting com- ter of common knowledge, and will be mercial business within the State. judicially taken notice of by the court. Bronson v. Wiman, 10 Barb. (N. Y.) DucDaniel v. State, 76 Ala. 1.
Beyond Actual Knowledge. -- It is Mortality Tables. -- On a paid-up mu
customary for courts to take judicial tual policy, in an action against an in- knowledge of what ought to be genersurance company for payment of the ally known within the limits of their same, the mortality tables may be jurisdiction. This cognizance may extaken notice of by the court, judicially, tend far beyond the actual knowledge, though not offered in evidence. Abell or even the memory of judges, who T'. Pa. Mut. Ins. Co., 19 W. Va. 400. may, therefore, resort to such docu
1. Regular Course of Seasons and Ag- ments of reference, or any other auriculture. -- Judicial notice will be thoritative sources of information as taken of the course of the seasons and may be at hand and may be deemed the usual course of agriculture, so as to worthy of confidence. The rule has know whether, at a particular date, the been held in many instances to emcrops of the country would be matured brace information derived informally so as to be severed from the soil. Floyd by enquiry of experts. Gordon 7'. Ricks, 14 Ark. 286.
Tweedy, 74 Ala. 232. Courts will take notice of facts of un- Growth of Cotton. The court varying occurrence, but not of vicissi- takes judicial notice of facts which are tudes of the climate or the seasons. matters of common knowledge; so Dixon v. Niccolls, 39 Ill. 373; Raridan common that all persons must be prev. Cent. Iowa R. Co., 69 Iowa 527. sumed to be cognizant of them; as, that
The law notices the regular course of a crop of cotton has been planted and nature, as well as to the revolution of was growing, but immature on the 20th the seasons as in relation to vegetables of June. Loeb 2. Richardson, 74 and animals. Patterson D. McCaus
Patterson v. McCaus- Ala. 311. land, 3 Bland (Md.) 69.
The time of harvest is judicially taken Condition of Crops. -- The court will notice of by the courts, in the counties take judicial notice that a mortgage where they preside. Mahoney 2. Aurmade in January upon a certain cotton recochca, 51 Cal. 429. crop is upon a crop not yet in being. Almanac; sunrise and sunset Tomlinson v. Greenfield, 31 Ark. 557. judicially taken notice of by the
Use of a Farm Is Worth More During courts, but an almanac may be read on the Cropping Season. -- Courts will take the trial to refresh the memory of the judicial notice of the seasons and of court and jury. State i'. Morris, 47 husbandry, and that the use of a farm Conn. iSo. for six months during the cropping 3. That grass cannot be cut and season is worth much more per acre made into hay after the month of Septhan during six months including tember is a fact within the knowledge winter. Ross v. Boswell, 60 Ind. 235. of all men, and one of which the courts
2. It is a matter of common knowledge, will take judicial notice. Raridan v. of which courts will take judicial notice, Central etc. R. Co., 69 Iowa 527. that cotton is not planted in Alabama Maturity of Corn Crop. The courts until after January. Wetzel z'.
Wetzel z'. Kelley, will take judicial notice that corn is 83 Ala. 440.
mature in the month of December. That a fracture of the skull may pro- Garth i'. Caldwell, 72 Mo. 622.
versally known or ascertainable by reference to common and well settled authority.1
20. Facts of Uniform Occurrence.—Courts will take judicial notice of facts generally known as of uniform occurrence, or the invariable action of natural laws; 2 the fundamental rules of mathematics, including the axioms in geometry; the variation of the magnetic needle;3 the law of gravitation; the well known effects of
Growth of Crops. — Person v. Wright, standing still at a highway crossing will 35 Ark. 169; Tomlinson 7. Greenfield, not frighten horses of ordinary gentle 31 Ark. 557
ness; and the question is for the court Law of Louisiana. — Judicial notice and not for the jury. Gilbert 1'. Flint will not be taken of the statutes of etc. R. Co., 51 Mich. 488. other States; and it will not be pre- Dollar Sign. --Courts
Courts will notice sumed that the common law is in force the significance of the usual dollar sign. in the State of Louisiana. Sloan V. Fulen wider v. Fulenwider, 53 Mo. 439. Torry, 78 Mo. 623.
Word “Cattle." -- Courts will also 1. Age of Parties. Where it is evi- take notice that the word “cattle” indent from the time of their ancestor's cludes horses, mares, etc.
State 7. death that his children arrived at full Hambleton, 22 Mo. 452. age before suit commenced, the court Matters of General Business-Corporawill take notice of the fact judicially. tions Making Contracts in England. Floyd v. Johnson, 2 Litt. (Ky.) 109. Courts will take judicial notice that
Geographical conditions in Foreign American corporations have been in Countries. -- It has been recognized as the habit of openly making contracts in a historical fact that the river Mersey, England. Bank of Augusta v. Earle, in England, is filled with salt water; 13 Pet. (U. S.) 519. the tide ebbing and flowing therein to a Variation of Magnetic Meridian. great height. Held, with reference to The courts, in adjudicating upon surinjury by salt water, of part of the veys, are bound to notice judicially the cargo of a ship lying in the river. Whit- magnetic variation from the true ney v. Gauche, 11 La. An. 432.
meridian. Brvan 7. Beckley, Litt. Time. -- Ordinary computation of Sel. Cas. (Ky.) 91; s. C., 13 Am. Dec. time and what day of the week a cer- 190. tain day of the month falls on will be Whiskey an Intoxicating Liquor. -judicially noticed. Allman v. Owen, The courts will take notice that 31 Ala. 167; Sprowl v. Lawrence, 33 whiskey is an intoxicating liquor. Ala. 674; Rodgers v. State, 50 Ala. 102; Schlicht v. State, 56 Ind. 173; Frese 7'. Philadelphia etc. R. Co. 7. Lehman, 56 State (Fla.), 2 S. Řep. I.
That Lager Beer Is a Malt Liquor. And that a certain day falls on Sun- Adler v. State, 55 Ala. 16; Watson v. day. McIntosh v. Lee, 57 Iowa 356; State, 55 Ala. 158; State v. Goyette, II Clough v. Goggins, 40 Iowa 325. R. I. 592. See Briffitt 2'.
See Briffitt. State, 58 Difference of time in different latitudes will be noticed. Curts v. Marsh, That kerosene is inflammable. Wood 4 Jurist, N. S. (Lond.) 1112.
2. N. W. Ins. Co., 46 N. Y. 421. ComPeriod of Gestation Will Be Noticed.-- pare Mears v. Humboldt Ins. Co., 92 Courts will also notice the ordinary Pa. St. 15. period of gestation. King v. Luff, 8 3. That bank notes are payable on
demand will be taken judicial notice of That distilled spirits are intoxicating without allegation or proof. Bank of will be noticed. Carmon v. State, 18 Mobile v. Meagher, 33 Ala. 622. Ind. 450; Egan v. State, 53 Ind. 162; The meaning of the term "faro Commonwealth v. Peckham, 2 Gray bank” in
Gray bank” in a penal statute, and of (Mass.) 514; Klare v. State, 43 Ind. 483. "hawking and peddling”-in a statute
Navigability of streams will be taken requiring a licence to pursue that businotice of. Neaderhouser v. State, 28 ness will be judicially noticed. Ward Ind. 257; Wood v. Fowler, 26 Kan. 682. v. State, 22 Ala. 16; Sterne v. State, 20
2. Whether a Standing Freight Car Will Frighten Horses. -- It will be
State Relations with Bank.—The judicially noticed that a box freight car connection of the State of Arkansas
certain chemical combinations; of abbreviations and epithets in common use or universally understood, and the like.1
with the old real estate bank is a mat- notice that the telephone has become ter of history, and its affairs have been an ordinary medium of communication so often regulated by public statutes and interchange of thought. Globe that in all general aspects they have Printing Co. 7. Stahl, 23 No. App. become matters of judicial cognizance. 451. Calloway 2. Cossart, 45 Ark. 81; Davis Methodist Church South.-Courts z'. llunt, 37 Ark. 574.
will take judicial notice of the existence Fence Pole.—The fact will be taken of an ecclesiastical body known as the judicial knowledge of by the court that Methodist Episcopal Church South. a "fence pole” is a heavy club. Baker
Baker Goode v. McPherson, 51 Mo. 126. 2', Hope, 49 Cal. 598.
A reference by the parties in an acNo proof of recognized facts, which tion pending before a justice of the everybody is supposed to know, is re- peace was sustained because "agreeable quired. When such facts become ma- to the custom of the country," although terial it is the duty of the courts and without any statutory authority. Choojurors to take notice of them, and act ley 7. Thorne, Coxe (N. J.) 73. upon them without proof. So, in a War Between Indian Tribes.--Courts suit to recover damages for the loss of will take judicial notice that at a ceran arm, etc., no proot to show that such tain time a general war was raging beloss would impair the party's ability to tween Indian tribes. Yehn Jim pursue his ordinary business is neces- Territory, I Wash. (Ter.) 63. sary upon which to base an instruction General Use Prior to Patent.- -A relating to the damages growing out of court will take judicial notice that a the want of such ability. And proof of thing patented was known and in genthe crushing and mangling of the plain- eral use long before the issuing of the tiff's arm from the fingers to within a patent. Terhune v. Phillips, 9 Otto few inches of the shoulder, and of its (U. S.) 592. subsequent amputation at the shoulder, Admission of States.-The courts is sufficient evidence of such a degree of take judicial notice of the admission of pain on his part as to make it a proper States into the Union. Wright i'. element to be considered by the jury in Hollingsworth, 1 Pet. (C. S.) 165. estimating damages. Chicago etc. R. Art of Photography.-It will be judiCo. 7'. Warner, 108 IIl. 538.
cially noticed that the occupation of an Materials of Threshing Machine.--A ambrotypist and a daguerreotypist is incourt can take judicial knowledge of timately connected with that of a phothe fact that a large part of a threshing tographic painter. Barnes z'. Ingalls, machine is composed of materials 39 Ala. 193. which are of some value apart from the 1. Scientific Appliances.--In Brown use to which the machine is intended to v. Piper, 91 U. S. 37, where the claim be applied. Case Threshing Machine for a patent was for “preserving fish Co. v. Haven, 65 Iowa 359.
and other articles in a close chamber Money.-That United States treasury by means of a freezing mixture, having notes were not equivalent to money in no contact with the atmosphere of the 1864 is judicially known to the court. preserving chamber," and the cause Perrit v. Crouch, 5 Bush. (Ky.) 201. came up by bill to restrain the infringe
Railway Travel.-Courts will take ment of the patent, the question being judicial notice of what everybody as to whether the patent was void for knows with regard to the incidents of want of any novelty in the invention, railway travel. Downey t'. Hendrie, 46 MR. JUSTICE SWAYXE, in delivering Mich. 498.
the opinion of the court, referred to Inspection of Railroads.—The court what scientific and many other facts will take judicial notice as a part of the will be judicially noticed, as follows: general knowledge of the business com- “Of private and special facts, in trials munity that the railroads of the coun- in equity and at law, the court or jury, try conduct inspections under a system as the case may be, is bound carefully which all persons so employed as to be to exclude the influence of all previous interested are presumed to understand. knowledge. But there are many things Smith 7'. Potter, 46 Mich. 258.
of which judicial cognizance may be Telephones.--Courts will take judicial taken. To require proof of every fact, as that Calais is beyond the jurisdiction notice of it, and give it the same effect of the court, would be utterly and abso- as if it had been set up as a defence in lutely absurd. Greeley's Ev. in Equity the answer and the proof were plenary. 294. Facts of universal notoriety Here the principle and substance of the need not be proved. Taylor's Ev., g 4, appellee's claim are set forth as belongand note 2. Among the things of ing to the general domain of knowledge which judicial notice is taken are the and science. It is known that LORD) law of nations; the general customs and Bacon applied snow to poultry to preusages of merchants; the notary's seal; serve it. He said the process succeeded things which must happen according to excellently well.' The experiment the laws of nature; the coincidence of was made in his old age, imprudently, days of the week with those of the and brought on his last illness. Exmonth; the meaning of words in the amined by the light of these consideravernacular language; the customary tions, we think this patent was void on abbreviation of Christian names; the its face, and the court might have accession of the chief magistrate to stopped short of that instrument, and office and his leaving it. In this coun- without looking beyond it into the try, such notice is taken of the appoint- answers and testimony sua sponte, if ment of members of the cabinet, the the objection were not taken by counelection and resignation of senators, and sel, well have adjudged in favor of the of the appointment of marshals and defendant.” sheriffs, but not of their deputies. The Art of Photography.-Courts will courts of the United States take judi- judicially notice the art of photography, cial notice of the ports and waters of the mechanical and chemical process the United States where the tide ebbs employed, the scientific principles on and flows; of the boundaries of the sev- which they are based and their results. eral States and judicial districts, and of Luke v. Calhoun Co., 52 Ala. 115. the laws and jurisprudence of the several Inflammability of Coal Oil.-On a trial States in which they exercise jurisdiction for arson it need not be alleged or Courts will take notice of whatever proved that coal oil is imflammable. is generally known within the limits of State v. Hayes, 78 Mo. 307. their jurisdiction; and if the judge's Blackberry Brandy Intoxicating.-It memory is at fault, he may refresh it need not be alleged that blackberry by resorting to any means for that pur- brandy is an intoxicating liquor in a pose which he may deem safe and prosecution for selling it. Fenton ?'. proper. This extends to such matters State, 100 Ind. 598. of science as are involved in the cases Barber Carrying on Business on Sunbrought before him. In the Ohio Life day.---The court will take notice that Ins. etc. Co. v. Debolt, 16 How.(U.S.) carrying on the business of a barber on 416, 435, it was said to be a matter of Sunday is unnecessary. State z'. Fredpublic history, which this court cannot erick, 45 Ark. 347. refuse to notice, that almost every bill Superintendent of a Railroad Is Not for the incorporation of companies of Obliged to Receive Cordwood.--The the class named is prepared and passed court will take judicial notice that the under the circumstances stated. In Superintendent of a railroad company Hoare z'. Silverlock, 12 d. & Ellis X. !as authority to receive or refuse cordS. 624, it was held that where a libel wood for transportation. Sacalaris 7'. charged that the friends of the plaintiff Eureka etc. R. Co., 18 Nev. 155. had realized the fable of the frozen “Gift Enterprise" as a Lottery.-Courts snake, the court would take notice will take notice of what is meant by that the knowledge of that fable ex- "gift enterprise" upon the trial of one isted generally in society. This power indicted for advertising such. Lohman is to be exercised by courts with cau- i'. State, 81 Ind. 15. tion. Care must be taken that the Billiard Table Distinguished from requisite notoriety exists. Every rea- Other Gaming Tables.-But it is urged sonable doubt upon the subject should that the court cannot know judicially be resolved promptly in the negative." what a billiard table is, or that it is not The pleadings and proofs in this case the table at which the game of faro is are silent as to the ice cream freezer. usually played. We know of no such But it is a thing in the common knowls recognized presumption, either of law or edge and use of the people throughout fact, that imputes to the court an igthe country. Proof was, therefore, un- norance of a matter like the present, of necessary. The court can take judicial sucli notoriety as to be within the