Page:United States Statutes at Large Volume 31.djvu/492

 440 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. an action at the suit of the party serving the witness with the subpoena _ _ _ for the dama es sustained y him in consequence of the arrest. ,,,2`£,§,‘§l"° °md°"" “Sec. 678. gut the officer making the arrest is not liable in any wa “ therefor, unless the person making the exception make, if required; an aiiidavit stating- First. That he has been served with a subpoena to attend as a witness before a court, jud e, or other officer, specifying the same, the place of attendance, andg the action or proceeding in which the subpoena was issued; and Second. That he has not been thus served by his own procurement, with the intention of avoiding an arrest. The aiiidavit may be taken by the officer, and exonerates him from liability for not making the arrest or for discharging the witness when arrested. ,,,§,?g‘;’fm§‘g‘,§ f,‘},j“,; Sec. 679. The court, judge, or officer before whom the attendance west of the witness is required may dischar e a witness from an arrest made in violation of section six hundred and seventy-seven. CHAPTER Srxrr-snv1·:N. or rzvrimxon in PARTICULAR cnses. Sec. Sec. 680. Whoever pays or delivers entitled to683. Offer of compromise not an admisreceipt. sion. 681. Objections to tender must bespeci· 684. Confemion of adultery in divorce fied. cases. _ 682. Rules for construing description of I _ real property. Wh°°"€’ W 0* Sec. 680. Whoever a s mone -, or delivers an instrument or ro - iigiiiiiii emfiled to erty, is entitled to a rediaiiat therefor from the person to whom theppagment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. dg‘;}j{fs'{Q)’;°Sp;Qm}gg· Sec. 681. The person to whom a tender is made shall at the time ` specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property,.he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards. de§§,},§,{gf,°°’g§““1g;\§ Sec. 682. The following are the rules for construing the descripvrvperty. five part of a conveyance of real property when the construction IS doubtful and there are no other sufficient circumstances to determine it: First. Where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by such particulars, if they constitute a sufficient description to ascertain its application; · Second. When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount; hird. Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both; · _ Fourth. When a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance except where the road or bed of the stream is held under another title; Fifth. When tide water is the boundary, the rights of the grantor to low-water mark are included in the conveyance; _ Sixth. When the description refers to a map, and that reference is inconsistent with other particulars, it controls them, if it appear that — the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.