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all watch houses, signal stations, act, which is similar, either in matesignals, and other similar appliances rial, quality, texture, or the use to that may be now or at any time which it may be applied, to any article hereafter required," it has been held enumerated in this act as chargeable that an interlocking system is not a with duty, shall pay the same rate of “similar” appliance within the mean- duty which is levied on the enumering of the contract. Chicago, St. P. ated article which it most resembles M. & O. R. Co. v. Chicago, M. & St. in any of the particulars before P. R. Co. (1901) 113 Wis. 169, 87 N. W. mentioned.' . It will be observed 1085, 89 N. W. 180.

that in order to invoke the provisions

of the similitude clause it is not Similar arrangement - contract. In. Mitchell v. McCullough (1893) 4

necessary that the imported article

shall be found similar to the enumerOhio C. D. 471, 1 Ohio Dec. 510, evi

ated article in all the particulars dence that on the expiration of a contract "a similar arrangement” was

mentioned in $ 7; it is enough if entered into was held to be insufficient

similarity be found in any one of these to show that the terms of the new

particulars. This is clearly stated in contract were the same as the old.

the brief for the appellee as follows:

“There are four qualities in which Similar articles - import duties.

the similitude may reside under $ 7, to Construing a statute relating to wit, material, quality, texture, and import duties, the court in United

use; and the presence of one of these States v. Komada (1908) 89 C. C. A. qualities is sufficient to establish the 385, 162 Fed. 465, affirmed in (1909)

necessary degree of similitude.' It 215 U. S. 392, 54 L. ed. 249, 30 Sup. Ct. would seem, therefore, when the Rep. 136, said: “One of the defini- collector examined the tariff to find tions of the word 'similar' which is an article similar to a horsehair hat given in Webster's Dictionary is ‘near- braid and found a very vague and ly corresponding; resembling in many questionable resemblance to one enurespects; somewhat alike; having a

merated article in material,' and an general likeness. We think it is in exact identity to another enumerated this sense the word is used in the article in the 'use to which it may be section just quoted. The language applied,' that it was his duty to proof the statute is that each imported ceed under the paragraph describing article not enumerated, which is the latter." See also infra, “Similar similar 'either in material, quality, description-import duties." texture, or the use to which it may be

In the similitude of bank bills - forapplied, shall pay the same rate of

gery. duty which is levied on the enumer

It has been held that “similar" does ated article which it most resembles

not mean "in the similitude of," within any of the particulars before

in the meaning of a statute providing mentioned;' thus showing clearly that

that "if any person shall have in the article need not be the same in

his possession at one time, ten or all respects, but that the required

more bank bills or notes, in the similisimilarity is shown if there is a re

tude of the bank bills or notes paysemblance either in material, qual

able to the bearer or to the order of ity, texture, or the use to which it may

any person, issued or purporting to be applied. And this similarity must,

have been issued by any bank or of course, be a real or substantial

banking company, etc., with intent to similitude in some one of the essential

utter and pass, etc., such bank bills particulars named.” See to the same

or notes, as true or false, knowing the effect, John A. Paterson & Co. v.

same to be forged or counterfeit, he United States (1908) 92 C. C. A. 524,

shall be punished by imprisonment in 166 Fed. 733, wherein the court said:

the state prison for life, or any term “Section 7 the similitude clause

of years;" and that an indictment provides that each and every im- charging a defendant with having "in ported article, not enumerated in this his custody and possession, at the same time, ten similar false, forged, funds from its stockholders by states and counterfeit bank bills, purporting dues and fines and loaned the funds to be ten bank bills, each payable to to the stockholders. the bearer thereof, and to be signed

Similar case - jurisdiction of court. by the president and cashier of the Merchants' Bank," etc., was insuffi

A state court having jurisdiction of

a suit to recover a penalty for usury cient. State v. McKenzie (1856) 42 Me. 392.

under the state law only where a de

mand was proved has been held to Similar buildings - water rate.

have jurisdiction of a suit to recover Under a statute (18 Vict. chap. 30, a penalty for usury from a national § 2) authorizing a municipality to bank, without proof of a demand unspecify and declare by by-law that the

der a Federal statute (Rev. Stat. proprietors or occupiers of "houses, $ 5198, Comp. Stat. $ 9759, 6 Fed. Stat. stores, and similar buildings” in the Anno. 2d ed. p. 747) conferring juriscity should be subject to an annual diction to entertain suits for the rerate, or assessment, which should not

covery of such a penalty from naexceed 2 shillings in the pound on tional banks on state courts “having the assessed annual value of “occu

jurisdiction in similar cases." Compied houses," and one half of the mercial Nat. Bank v. Phillips (1916) amount on "stores and similar build.

61 Okla. 179, 160 Pac. 920. In that ings," it has been held that a build

case the court said: “The additional ing “in the lower part of which goods point is made that the Federal statute were sold, as well by wholesale as

confers jurisdiction to entertain suits retail, and in the upper part of which of this nature only upon state courts there were offices, may, as regards 'having jurisdiction in similar cases,' water rates, be considered similar to and that inasmuch as demand is necbuildings used for the storing and essary as a condition precedent to selling of goods by wholesale; and

maintaining such a suit against a therefore that it ought to be held sub- state bank or an individual, brought ject to the lower of the two water

under the state statute, the courts in rates." Shaw v. Quebec (1864) 15 this state have no jurisdiction to enLower Can. Rep. 68.

tertain a suit for the recovery of a Similar business agreement in lease. penalty for usury against a national Where premises were leased with a

bank unless demand be proved, for covenant that the lessee should not

the reason that unless such a demand conduct a business “similar" to that

be proved a state court has no jurisof another tenant, it was held that

diction 'of any action similar to that any business which was sufficiently arising under the Federal statute. like the designated business to com

With this contention we are not able pete therewith was “similar," within

to agree. In our judgment the word the meaning of the contract. Drew v.

‘similar,' used in the Federal statute, Guy (1894] 3 Ch. (Eng.) 25, 63 L. J.

refers to cases of like general nature, Ch. N. S. 547, 71 L. T. N. S. 220, 58

and does not mean cases exactly the J. P. 803, 7 Reports, 220.

that under the Federal

statute." - building and loan association. In People ex rel. Griffith v. Stand

Similar charitable institutions - will. ard Home Co. (1915) 59 Colo. 355, 148 In Rhode Island Hospital Trust Co. Pac. 869, it was held that a corpora

v. Olney (1887) 16 R. I. 184, 13 Atl. tion which collected money from con- 118, it appeared that the testator, tract holders who were not stock- after disposing of certain portions of holders, by stated dues and fines, and his estate, provided by his will for which loaned its funds to the con- the disposition of the remaining two tract holders on the terms provided quarters of trust property as follows: for in the contracts, was engaged in “One quarter

to educational doing a business similar in form and institutions similar to those mencharacter to one which collected its tioned in article 13, and the remain

17 A.L.R.-7.

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ing quarter to charitable institutions tation to uses, and to its uses, and similar to those mentioned in article not to the process by which it was 13." The court held that the institu- produced. Greenleaf Goodrich tions named in article 13 were not (1875) 1 Hask. 586, Fed. Cas. No. competent to take under this provi- 5,778, affirmed in (1880) 101 U. S. 278, sion of the will, but that institutions 25 L. ed. 845. See also supra, “Similar resembling them in the important article-import duties." particulars were competent to take.

Similar employment - discharged ser

vant. Similar circumstances - price of electricity.

It has been held that it is not the Under a statute (Act of Parliament

duty of a tailor who has been wrong1882, § 19) which provided that every

fully discharged, to hire out as person within a certain area should

cook or a domestic servant, or to enbe entitled to a supply of electricity

gage in other occupations uncongenon the same terms on which any other

ial to him, under the rule requiring person in the area was entitled, un- one who has been discharged to seek der "similar circumstances,” to a cor

"similar employment." Tenzer v. Gilresponding supply, it has been held more (1905) 114 Mo. App. 210, 89 S. that the circumstances were not simi

W. 341. lar where one consumer was on the Similar fees foreign insurance comday load, and another on the night pany. load. Metropolitan Electric Supply In Fidelity & D. Co. v. Brown (1918) Co. v. Ginder [1901] 2 Ch. (Eng.) 799, 92 Vt. 390, 104 Atl. 234, the following 70 L. J. Ch. N. S. 862, 84 L. T. N. S. section of the Vermont Insurance 818, 49 Week. Rep. 508, 65 J. P. 519, Statutes was construed: “If another 17 Times L. R. 435.

state or country imposes upon or reSimilar construction - patent flooring.

quires of a domestic insurance comIt has been held that under a stipu

pany or its agents doing business

therein, fees, fines, penalties, deposits, lation, in a contract granting a license to use a patent flooring process, that

obligations, or prohibitions exceeding “the party of the second part, during

those imposed by this state upon or the existence of this contract, shall

required of foreign insurance comnot use or sell, or cause to be used

panies doing business herein, an inor sold, any construction similar to

surance company organized under the that of said party of the first part

laws of such other state or country which is hereby granted,” any con

and its agents doing business in this struction which could be used for the

state shall be subject to the fees, fines,

penalties, deposits, obligations or same purposes as that granted, so as to compete therewith, was "similar"

prohibitions similar to those so imand violation of the covenant.

posed in such other state or country.”

The court said: Standard Fireproofing Co. v. St. Louis

"It seems pretty Expanded Metal Fireproofing Co.

clearly to have been the intention of (1903) 177 Mo. 559, 76 S. W. 1008.

the legislature, when this statute is

applicable, to return like for likeSimilar description - import duties.

trea an insurance company comUnder the United States Customs ing from another state or country, to Act of 1862, which provided for a do business here, the same as such a duty “on all delaines, cashmere de- company from this state is treated in laines, muslin delaines, barege de- such other state or country, while laines, composed wholly or in part of doing business there. So long as the worsted, wool, mohair, or goat's hair, provisions of the original bill related and on all goods of similar descrip- solely to life insurance companies, the tion,” it was held that the words “of amount of the fees, etc., was aptly similar description" were not words fixed as the same.' And yet it was of art or commercial terms, but that fixed by classification, for no two inthe similarity intended by the statute surance companies, even of the same referred to the product and its adap- class, are identical; they have but a

a

general likeness, are therefore only (1902) 51 W. Va. 423, 41 S. E. 148, 90 similar. Were the law in terms to im- Am. St. Rep. 808, 12 Am. Neg. Rep. 580, pose the same fees, etc., 'similar in- the court held that, in an instruction surance companies,' there should seem that "contributory negligence is the to be no doubt as to the meaning in- absence of that degree of care which tended; and yet as the law was passed, an ordinarily prudent person of similar and as it now is, broad enough to intelligence and of the same class bring within its provisions all in- would exercise under like circumsurance companies,

we think the stances," the term “similar intelsame idea of classification obviously ligence" meant ordinary intelligence.

. flows out of the nature of the purpose

Interesť similarly affected - judgment. to be accomplished, and that the word

In Mottet v. Stafford (1917) 94 ‘similar,' in connection of its use,

Wash. 572, 162 Pac. 1001, it was held carries with it this basic idea, and

that where two creditors garnished a that such was the intention. There

judgment, and only one of them was fore, by the law of the section of the

successful in the lower court, the statute in question, when applicable,

unsuccessful creditor and an assignee the fees, etc., which shall be imposed

of the judgment garnished were not upon or required of an insurance com

parties whose interests were “simipany organized under the laws of an

larly affected" within the meaning of other state or country, and its agents doing business in this state, shall

the following statute: "All parties

whose interests are similarly affected correspond in amount to the fees, etc.,

by any judgment or order appealed imposed by such other state or coun

from may join in the notice of appeal try upon an insurance company of the

whether it be given at the time when same classification, incorporated in

such judgment or order is rendered or this state, or its agents, doing busi

made, or subsequently; and any such ness in such other state or country.”

party who has not joined in the notice Similar household effects - import du- may at any time within ten days after ties.

the notice is given or served, serve an Under statute providing that independent notice of like appeal, or "books, libraries, usual and reasonable join in the appeal already taken." furniture, and similar household effects of persons or families from

Similar jurisdiction - hustings court.

In Chahoon v. Com. (1871) 21 Gratt. foreign countries, all the foregoing if actually used abroad by them not less

(Va.) 822, the court held that a clause than one year, and not intended for

in the Virginia Constitution declaring

that "for each city or town in the any other person or persons, nor for

state containing a population of 5,000, sale,” shall be exempt from duty, it has been held that an automobile can

shall be elected, on the joint vote of

the two houses of the general assemnot be said to be similar to books, libraries, usual and reasonable

bly, one city judge, who shall hold a household furniture. United States

corporation or hustings court of said v. W. R. Grace & Co. (1909) 92 C. C.

city or town, as often, and as many A. 596. 166 Fed. 748.

days in each month, as may be pre

scribed by law with similar jurisdicSimilarly indorsed commercial paper. tion which may be given by law to cir

It has been held that the term cuit courts of this state, and shall hold "similarly indorsed,” when used with his office for a term of six years,” etc., relation to commercial paper, means was intended as an extension and not presented to the holders in the same as a restriction, and that although manner, and indorsed in the same the circuit court did not have jurisdichandwriting. Merchant's Bank

v. tion of prosecutions for felonies, the Bostwick (1878) 28 U. C. C. P. 450. hustings court might by law be given

such jurisdiction. Similar intelligence - instruction to jury.

Similar law benefit of statute. In Barker v. Ohio River R. Co. In Orr v. Wright (1898) — Tex. Civ.

or

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App. - , 45 S. W. 629, construing a 452, the court had under consideration statute providing that "the benefit of a statute providing as follows: "When the provisions of this chapter shall it is provided by law that an offender not extend to the residents of any state, shall be punished by a fine and imterritory, district, or county in which prisonment in the jail, or by a fine and a similar law does not exist in favor imprisonment in the house of correcof the residents of this state,” the tion, such offender may, at the discourt said: “The word 'similar' is of- cretion of the court, be sentenced to ten used to denote partial resem- be punished by such imprisonment blance also sameness in all essential without the fine, or by such fine withparticulars. Com. v. Fontain (1879) out the imprisonment, in all cases 127 Mass. 454. Mr. Webster defines where the offender shall prove or show ‘similar as 'exactly corresponding, re- to the satisfaction of the court that he sembling in all respects, precisely has not before been convicted of a simalike; also, as nearly corresponding, ilar offense.It was held that the resembling in many respects, some- legislature intended the word "simwhat alike, having a general likeness.' ilar" to denote sameness in all essenWebster's Int. Dict. 1895. We do not tial particulars, and that a conviction think that the restricted and circum- for illegally keeping liquor for sale scribed definition of the word 'similar was not similar to a conviction for insisted upon by appellants is the one keeping a tenement used for illegally intended by the legislature when this keeping and selling liquor, within the statute was enacted. It was not con- act. templated that the benefits of this

Similar officer - church corporation. statute should only apply to the resi

In Weld v. May (1852) 9 Cush, dents of the state, territory, etc., hav

(Mass.) 181, construing a statute proing a statute exactly like ours. It was

viding that "the deacons, churchintended that the benefits of this

wardens, or other similar officers of statute should extend to the residents

all churches or religious societies, if of any state, territory, district, or

citizens of the United States, shall be county in which a remedy was provid

deemed bodies corporate,” the court ed by the laws of such state, territory,

held that a church treasurer was not district, or county, for the removal of

a "similar" officer within the meaning the estate of a nonresident ward of

of the statute. such state, etc., corresponding in its essential particulars to the provisions

Similar paper

Federal offense. of our statute relating to nonresident Under statute providing that guardians and wards."

“every person

who has or re

tains in his control or possession, Similar law-elections.

after a distinctive paper has been Construing a statute providing that,

adopted by the Secretary of the Treasafter an election has been held in any

ury for the obligations and other seterritory under the provisions of this

curities of the United States, any or any other similar law, no other or

similar paper adapted to the making subsequent election shall be ordered or held for the same territory, or any

of any such obligation or part thereof, within six months next

curity, except under the authority of after said election," it has been held

the Secretary of the Treasury, or some that an election to vote on annexing other proper officer of the United territory was similar to a former elec- States, shall be punished," etc., it has tion to vote on annexing other terri- been held that a person having such tory, which included the territory sub- distinctive paper in his possession sequently sought to be annexed. without the authority of the Secretary State ex rel. Sigsbee v. Birmingham

of the Treasury was guilty of a viola(1908) 160 Ala. 196, 48 So. 843.

tion of the act, as the paper was Similar offense – punishment.

"similar" to itself in that it was "exIn Com. v. Fontain (1879) 127 Mass. actly alike." Krakowski v. United

a

her se

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