a tender has been paid into court, and need not submit the question to the jury. Newton v. Allis, 16 Wis. 197.

Village Ordinances.--It seems the legislature cannot compel the courts to take judicial notice of village ordinances. Pettit 7. May, 34 Wis. 666. City.--Judicial notice of the existence of a city in this State is taken without allegation that it is in this State. Chicago etc. R. Co. v. Woodward, 21 Wis. 309.

Courts.-The circuit court of the United States will take judicial notice that the district courts were vested with exclusive jurisdiction in all original proceedings under the Bankruptcy act of 1841. Lathrop v. Stuart, 5 McLean (U. S.) 168. A plea is not defective because it does not aver that the circuit court of Michigan, in which a certain judgment in the case is alleged to been entered, had jurisdiction. This court takes judicial notice of the fact. Woodworth v. Spaffords, 2 McLean (U. S.) 168.

Bonded Warehouses.-Upon' the trial of an indictment for a criminal violation of the internal revenue laws, it is not necessary that the government should prove that the bonded warehouse from which it is alleged the spirits were fraudulently removed was sanctioned or authorized by the officers of the government, since the court will take judicial notice that the law in force at the time of the transaction required every distiller of spirits to provide such a warehouse, and the jury may presume that the distiller has complied with the law. United States v. Harries, 2 Bond (U. S.) 311.

1. Limitations.-The court is bound to take judicial notice of the statute of limitations when the facts relied on as a bar are stated and are found sufficient. Harpending v. Dutch Church, 16 Pet. (U.S.) 455

State Laws in the Federal Courts. The courts of the United States do not require the common law as received in each State to be proved like t.ie laws of foreign countries. Their statute books and judicial precedents are received as evidence without proof of witnesses. Evans v. Cleveland etc. R. Co., 5 Phila. (U. S.) 512.

Municipal Powers.-Courts are bound to take judicial notice of the municipal powers of a corporation which are con

ferred by public law, and it is not necessary to go into proof of the election of any of the officers of the corporation. The authority of assessors to act for the corporation is evidenced by the fact that their return has been sanctioned by the officers of the corporation, and evidence of their appointment is not necessary. Ronkendorff v. Taylor, 4 Pet. (U. S.) 349.

Alien Enemy. - The court will take judicial notice that a litigant is an alien enemy. Ince v. Beckman, 16 La. An. 352.

2. National Banks.-The federal courts take judicial notice of the organization of all national banks and their existence; and, therefore, in an indictment for the felonious possession of a counterfeit national bank note, it is not necessary to aver that the bank is a body politic and corporate. United States v. Williams, 4 Biss. (U. S.) 302.

Finances of Community. Under the tax law of 1881, a tax payer may deduct his bona fide debts from all his moneyed capital and credits, except money on hand or on deposit, money loaned, bonds, and shares of stock in corporations, and the courts will take judicial notice of the fact that the moneyed capital from which the tax payer may so deduct his debts is a material portion of the whole moneyed capital of the State. Wasson v. First Nat. Bank. 107 Ind. 206.

Evidence in a Litigation.-- When a party seeks a ruling on which to base an appeal, he cannot rely on the judge's private knowledge of facts, but must bring them into the case in some authoritative and responsible form, so that they may become part of the record for the purpose of the review. Detroit etc. R. Co. v. Crane, 50 Mich. 182.

with the old real estate bank is a matter of history, and its affairs have been so often regulated by public statutes that in all general aspects they have become matters of judicial cognizancę. Calloway v. Cossart, 45 Ark. 81; Davis v. Hunt, 37 Ark. 574.

Fence Pole. The fact will be taken judicial knowledge of by the court that a "fence pole" is a heavy club. Baker v. Hope, 49 Cal. 598.

No proof of recognized facts, which everybody is supposed to know, is required. When such facts become material it is the duty of the courts and jurors to take notice of them, and act upon them without proof. So, in a suit to recover damages for the loss of an arm, etc., no proof to show that such loss would impair the party's ability to pursue his ordinary business is necessary upon which to base an instruction relating to the damages growing out of the want of such ability. And proof of the crushing and mangling of the plaintiff's arm from the fingers to within a few inches of the shoulder, and of its subsequent amputation at the shoulder, is sufficient evidence of such a degree of pain on his part as to make it a proper element to be considered by the jury in estimating damages. Chicago etc. R. Co. v. Warner, 108 Ill. 538.

Materials of Threshing Machine.--A court can take judicial knowledge of the fact that a large part of a threshing machine is composed of materials which are of some value apart from the use to which the machine is intended to be applied. Case Threshing Machine Co. v. Haven, 65 Iowa 359.

Money. That United States treasury notes were not equivalent to money in 1864 is judicially known to the court. Perrit v. Crouch, 5 Bush. (Ky.) 201.

Railway Travel.-Courts will take judicial notice of what everybody knows with regard to the incidents of railway travel. Downey v. Hendrie, 46 Mich. 498.

Inspection of Railroads.-The court will take judicial notice as a part of the general knowledge of the business community that the railroads of the country conduct inspections under a system which all persons so employed as to be interested are presumed to understand. Smith 7. Potter, 46 Mich. 258.

Telephones.-Courts will take judicial

notice that the telephone has become an ordinary medium of communication and interchange of thought. Globe Printing Co. v. Stahl, 23 Mo. App. 451.

Methodist Church South.-Courts will take judicial notice of the existence of an ecclesiastical body known as the Methodist Episcopal Church South. Goode v. McPherson, 51 Mo. 126.

A reference by the parties in an action pending before a justice of the peace was sustained because "agreeable to the custom of the country." although without any statutory authority. Chooley v. Thorne, Coxe (N. J.) 73.

War Between Indian Tribes.--Courts will take judicial notice that at a certain time a general war was raging between Indian tribes. Yehn Jim . Territory, 1 Wash. (Ter.) 63.

General Use Prior to Patent.-A court will take judicial notice that a thing patented was known and in general use long before the issuing of the patent. Terhune . Phillips, 9 Otto (U. S.) 592.

Admission of States.-The courts take judicial notice of the admission of States into the Union. Wright v. Hollingsworth, 1 Pet. (U. S.) 165.

Art of Photography.—It will be judicially noticed that the occupation of an ambrotypist and a daguerreotypist is intimately connected with that of a photographic painter. Barnes . Ingalls, 39 Ala. 193.

1. Scientific Appliances.--In Brown v. Piper, 91 U. S. 37, where the claim for a patent was for "preserving fish and other articles in a close chamber by means of a freezing mixture, having no contact with the atmosphere of the preserving chamber," and the cause came up by bill to restrain the infringement of the patent, the question being as to whether the patent was void for want of any novelty in the invention, MR. JUSTICE SWAYNE, in delivering the opinion of the court, referred to what scientific and many other facts will be judicially noticed, as follows: "Of private and special facts, in trials in equity and at law, the court or jury, as the case may be, is bound carefully to exclude the influence of all previous knowledge. But there are many things of which judicial cognizance may be taken. To require proof of every fact,

as that Calais is beyond the jurisdiction of the court, would be utterly and absolutely absurd. Greeley's Ev. in Equity 294. Facts of universal notoriety need not be proved. Taylor's Ev., § 4, and note 2. Among the things of which judicial notice is taken are the law of nations; the general customs and usages of merchants; the notary's seal; things which must happen according to the laws of nature; the coincidence of days of the week with those of the month; the meaning of words in the vernacular language; the customary abbreviation of Christian names; the accession of the chief magistrate to office and his leaving it. In this country, such notice is taken of the appointment of members of the cabinet, the election and resignation of senators, and of the appointment of marshals and sheriffs, but not of their deputies. The courts of the United States take judicial notice of the ports and waters of the United States where the tide ebbs and flows; of the boundaries of the several States and judicial districts, and of the laws and jurisprudence of the several States in which they exercise jurisdiction Courts will take notice of whatever is generally known within the limits of their jurisdiction; and if the judge's memory is at fault, he may refresh it by resorting to any means for that purpose which he may deem safe and proper. This extends to such matters of science as are involved in the cases brought before him. In the Ohio Life Ins. etc. Co. v. Debolt, 16 How. (U.S.) 416, 435, it was said to be 'a matter of public history, which this court cannot refuse to notice, that almost every bill for the incorporation of companies of the class named is prepared and passed under the circumstances stated. In Hoare v. Silverlock, 12 Ad. & Ellis N. S. 624, it was held that where a libel charged that the friends of the plaintiff had realized the fable of the frozen snake,' the court would take notice that the knowledge of that fable existed generally in society. This power is to be exercised by courts with caution. Care must be taken that the requisite notoriety exists. Every reasonable doubt upon the subject should be resolved promptly in the negative." The pleadings and proofs in this case are silent as to the ice cream freezer. But it is a thing in the common knowledge and use of the people throughout the country. Proof was, therefore, unnecessary. The court can take judicial

notice of it, and give it the same effect as if it had been set up as a defence in the answer and the proof were plenary. Here the principle and substance of the appellee's claim are set forth as belonging to the general domain of knowledge and science. It is known that LORD BACON applied snow to poultry to preserve it. He said the process succeeded 'excellently well.' The experiment was made in his old age, imprudently, and brought on his last illness. Examined by the light of these considerations, we think this patent was void on its face, and the court might have stopped short of that instrument, and without looking beyond it into the answers and testimony sua sponte, if the objection were not taken by counsel, well have adjudged in favor of the defendant."

Art of Photography.-Courts will judicially notice the art of photography, the mechanical and chemical process employed, the scientific principles on which they are based and their results. Luke v. Calhoun Co., 52 Ala. 115.

Inflammability of Coal Oil.-On a trial for arson it need not be alleged or proved that coal oil is imflammable. State v. Hayes, 78 Mo. 307.

Blackberry Brandy Intoxicating.-It need not be alleged that blackberry brandy is an intoxicating liquor in a prosecution for selling it. Fenton . State, 100 Ind. 598.

Barber Carrying on Business on Sunday.--The court will take notice that carrying on the business of a barber on Sunday is unnecessary. State v. Frederick, 45 Ark. 347.

Superintendent of a Railroad Is Not Obliged to Receive Cordwood.--The court will take judicial notice that the superintendent of a railroad company has authority to receive or refuse cordwood for transportation. Sacalaris v. Eureka etc. R. Co., 18 Nev. 155.

"Gift Enterprise" as a Lottery.-Courts will take notice of what is meant by "gift enterprise" upon the trial of one indicted for advertising such. Lohman 7. State, SI Ind. 15.

Billiard Table Distinguished from Other Gaming Tables.-But it is urged that the court cannot know judicially what a billiard table is, or that it is not the table at which the game of faro is usually played. We know of no such recognized presumption, either of law or fact, that imputes to the court an ignorance of a matter like the present, of such notoriety as to be within the