Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827]

PLEADING.

. In a plea of justification by the

Marshal, for not levying an exe-
cution, setting forth a remission,
by the Secretary of the Treasu-
ry, of the forfeiture or penalty, on
which the judgment was obtained,
it is not necessary to set forth the
statement of facts upon which the
remission was founded. United
States v. Morris, 246.283

. A defective declaration may be

aided by the plea, and a defective
plea by the replication. Ib. 286

In a declaration upon a covenant
of warranty, it is necessary to
allege substantially an eviction
by title paramount; but no formal
terms are prescribed in which the
averment is to be made. Day v.
Chism, 449

. Where it was averred in such a

mance of the Corporation of the
city of Washington, gave a bond
to the corporation, conditioned
“truly and impartially to execute
the duty and authority vested in
him by the ordinance;” held,
that the person entitled to a prize
ticket had no right to bring a suit
for the prize against the manager,
upon his bond, in the name of the
corporation, without their con-
sent. Corporation of Washing-

406

ton v. Young

9. An appeal under the Judiciary

Acts of 1789, c. 20, s. 22. and of
1803, c. 353. [xciii.] prayed for,
and allowed within five years, is
valid, although the security was
not given until after the lapse of
five years. The Dos Hermanos,

306. 311

10. The mode of taking the security,

and the time for perfecting it, are
within the discretion of the
Court below, and this Court will
not interfere with the exercise of
that discretion. Ib.

11. Although a consul may claim for

See

“subjects unknown” of his na-
tion, yet actual restitution can-
not be decreed without specific
proof of the proprietary interest.
The Antelope, 66. 130

ADMIRALTY, 29, 30, 31, 32, 33,
34, 35. 37, 38, 39, 40, 41,
42, 43, 44, 45.

lates exeeutions issuing from the
Courts of the United States; and
it adopts the practice of the Su-
preme Court of the States in
1789, as the rule for governing
proceedings on such executions,
subject to such alterations as the
Courts of the United States may
make, but not subject to the alter-
ations which have since taken

place in the State laws and prac-

tice. Ib. 31

-5. The statutes of Kentucky con-

cerning executions, which require
the plaintiff to endorse on the ex-
ecution, that bank notes of the
Bank of Kentucky, or notes of
the Bank of the Commonwealth
of Kentucky, will be received in
payment, and on his refusal, au-
thorize the defendant to give a
replevin bond for the debt, paya-
ble in two years, are not applica-
ble to executions issuing on judg-
ments rendered by the Courts of
the United States. Ib.

6. The act of assembly of Kentucky

of the 21st of December, 1821,
which prohibits the sale of pro-

erty taken under execution, for
ess than three fourths of its ap-
praised value, without the consent
of the owner, does not apply to
a venditioni exponas issued out of
the Circuit Court for the District
of Kentucky. Bank of United
States v. Halstead, 51

7. The laws of the United States

authorize the Courts of the Union
so to alter the form of the process
of execution used in the Supreme
Courts of the States of 1789,
as to subject to execution, issuing
out of the Federal Courts, lands
and other property not thus sub-

ject by the State laws in force at
that time. Ib.

8. Where the manager of a lottery,

drawn in pursuance of an ordi-
Vol. X. I

Chancery, 1, 2, 3, 4, 6, 7, 8,
9. 11.

PIRACY.

See ADMIRALTY, 42.

PRIZE.

. Seizures made, jure belli, by non-

commissioned captors, are made
for the government, and no title

of prize can be derived but from
the Prize Acts. The Dos Her-
manos, 306. 310
2. A non-commissioned captor can
only proceed in the Prize Court
as for salvage, the amount of
which is discretionary. Ib
3. The appellate ourt will not in-
terfere in the exercise of this dis-
cretion, as to the amount of sal-
vage allowed, unless in a very
clear case of mistake. Ib.

See Admiralty, 1,2,3,4,5,6, 7, 8,
9. 29, 30, 31, 32, 33, 34, 35.

R.
REMISSION.

See Admiralty, 14, 15.

S.
SALWAGE.
See Prize, 3.
SEAMEN.
See AbMIRALTY, 24, 25, 26, 27, 28.
SLAVE TRADE.

Cases concerning, collected in Appen-
dix,

STATUTES OF KENTUCKY.
See PRActice, 5, 6.
Usury, 3, 4.
Local LAw, 1, 2.
STATUTES OF LOUISIANA.

See AdmiRALTY, 21.
TNsurance, 3.

STATUTES OF RHODE
ISLAND.

See Usury.
STATUTES OF MARYLAND.

See Local LAw, 6.
STATUTES OF TENNESSEE.

See Local LAw, 7.

T.
TREATY.

See ALIEN.

U.
USURY.

1. In a contract for the loan of mo-
ney, the law of the place where
the contract is made is to govern;
and it is immaterial that the loan
was to be secured by a mortgage
on lands in another State. De
Wolf v. Johnson, 367. 383
2. In such a case, the statutes of
usury of the State where the
contract was made, and not those
of the State where it is secured
by mortgage, are to govern it,
unless there be some other cir-
cumstance to show, that the par-
ties had in view the laws of the
latter State. Ib.
3. Although a contract be usurious
in its inception, a subsequent
agreement to free it from the taint
of usury, will render it valid. Ib.
392
4. The purchaser of an equity of
redemption cannot set up usury
as a defence to a bill brought by

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