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425, 426

soos interested in the enterprise by a Court of justice in this coun-
or voyage in which the ship was try? Id.

employed at the time of such cap. 30. The proviso in the 16th section of
ture. Id.

407 the Ship Registry Act, being by
23. A question of fact, under the way of exception from the enact-

Slave Trade Acts. Condemna ing clause, need: not be taken no-

tion pronounced. Id. 409 tice of io a libel brought to enforce
24. The claim of seamen,


the forfeiture. It is matter of de.
on a voyage undertaken in viola fence to be set up by the party in
tion of the Slave Trade Acts, out bis claim. Id.
of the proceeds of the forfeited 31. The proviso applies only to the
vessel in the registry, rejected. case of a part owner, and not to

414, 415 a sole owner of the ship. Id.
25. The claims of seamen, for wages,

and of material men, for supplies, 32. The trial, in such a case, is to be
wbere the parties were innocent by the Court, and not by, a jury,
of all knowledge of, or participa-

in seizures on waters navigable
tion in, the illegal voyage, prefer from the sea by vessels of ten tons
red to the claim of forfeiture on burthen and upwards. Id. 427,
the part of the government.

416 33. A registered vessel, which con-
26. Material men have a lien, which tinues to use its register, after a

may be enforced by a proceeding transfer under the above circum-
in the Admiralty, in rem, for ne stances, is liable to forfeiture under
cessaries or supplies, furnished in the 27th section of the act, as using
a port to which the vessel dors a register without being actually
not belong. Id.

417 entitled to the benefit thereof. Id.
27. A transfer of a registered vessel of

the United States, to a foreign 34. In a libel of information, under the
subject, in a foreigo port, for the 67th section of the Collection Act
purpose of evading the revenue of 1799, c. 128. against goods,
laws of the foreign country, with on account of their differing in de-
an understanding that it is to be af scription from the contents of the
terwards reconveyed to the for entry, it is not necessary that it
mer owner, works a forfeiture of should allege ao intention to de
the vessel, under the 16th section fraud the revenue. 200 Chests
of the Ship Registry Act of the of Tea,

430, 436
31st of December, 1792, c. 1. 35. A question of fact, as to the rate
unless the transfer is made kpown of duties payable upon certain
in the manner prescribed by the teas, imported as bohea. That
7th section of the act. The Mar. term is used in the duty, act in its

421 known commercial sense ; and
28. The statute does not require a be the bohea tea of commerce is not

neficial or bona fide sale; but a usually a distinct and simple sub-
trangmutation of ownership," by stance, but is a compound, made
way of trust, confidence, or other. up in China, of various kinds of

.wise,” is sufficient Id. 424 the lowest priced black teas. Id.
29. Quære, Whether, in such a case,

a reconveyance would be decreed 36. But, by the duty acts, it is liable


His demand is merely a
personal one, the debt being con-
sidered as the principal, and, the
land as an incident. "Id.





to the same specific duty, without
regard to the difference of quality
and price. · Id.

37. In judicial sales, there is no war-

ranty, express or implied. The
Monte Allegre,

616. 644
38. Upon a sale by the Marshal, under

an order of Court, no warranty is
implied. Id.

39. Neither the Marshal, nor his agent,

the auctioneer, has any authority
to warrant the article sold. Id.

40. Quære, How far the Marshal is

responsible to the vendee, in his
private capacity, if he undertake
to warrant, or to do what would
imply a warranty in a private
sale > Id.

41. Upon an Admiralty proceeding, in

rem, where the proceeds of the
sale are brought into Court, they
are not liable to make good ı loss
sustained by the purcha ?r, in
consequence of a defec! being
discovered in the article sold. Id.

648, 649


1. Under the 9th article of the treaty

between the United States and
Great Britain, of 1794, it is not
necessary for the alien to show
that he was in the actual posses-
sion or seisin of the land, at the
date of the treaty, which applies
to the title, whatever that may
be, and gives it the same legal va-
lidity as if the parties were citi-

The title of an alien mort-
gagee is protected by the treaty.

Hughes y. Edwards, 489.406
2. But, independent of the stipula-

tions of the treaty, an alien mort.
gagee bas a right to come into a
Court of equity, and have the
property, wbich has been pledged
for the payment of the debt, sold
for the purpose of raising the mo.

1. In a declaration upon a promissory

note, the omission of the place
where it is payable is latal. S'e-

bree v. Dorr, 558. 561, 562
2. By the custom of the Banks in the

District of Columbia, payment of
a promissory note is to be de-
manded on the fourth day after
the time limited for the bayment
thereof, in order to charge the en-
dorser, contrary to the general
law merchant, which requires a
demand on the third day. Rer.
ner v. Bank of Columbia, 581-

3. Evidence of such a local custoin

is admissible, in order to ascertain
the understanding of the parties,
with respect to their contracts
made with reference to it. Id.

4. Cases in which evidence of com-

mercial usage is admissible, in
order to ascertain the meaning of
coniracts. Ida

5. The declaration against the endor-

ser, in such a casc, must lay the
demand on the fourth, and not on
the third day. | Id.

6. Quære, Whether a declaration, in

such a case, not averring the local
usage; would be good upon de-
murrer? Id.

7. Secondary evidence of the contents

of a lost note is admissible, wher-
ever it appears that the original is
destroyed, or lost by accident,
without any fault of the party. Id.



8. In the case of a lost note, it is not

necessary that its contents should
be proved by a notarial copy.
All that is required is, that it
should be the best evidence the
party has it in his power to pro-
duce. Id.

9. To admit secondary evidence of a

lost note, it is not necessary that
there should be a special count in
the declaration upon a lost note.

10. Where the maker of the note has

removed into another State, ou
another jurisdiction, subsequent
to the making of the note, a per-
sonal demand upon bim is not ne-
cessary to charge she endorser,
but it is sufficient to present the
note at the former place of resi-
dence of the maker. M Gruder
v. Bank of Washington, 598


secority merely, and to be treated
in the same manner as an ordinary
mortgage. Hughes v. Edwards,

3. A Court of equity looks to the

substantial object of the conveyo
ance, and will consider an abso-
lute deed as a mortgage, wherever
it is shown to have been intended
merely as a security for the pay.
went of a debt. Id.

4. In the case either of a legal or

equitable mortgage, the mortgagee
may pursue his legal remedy by
ejectment, and, at the same time,
file his bill to foreclose the equity

of redemption. Id. 494
3. A mortgagor cannot redeem aster

a lapse of twenty years, after for-
feiture and possession by the mort-
gagee, (which period' has been
adopted in equity by analogy to
the statute of limitations,) no inte-
rest having been paid in the mean
time, and no circumstances ap-
pearing to account for the neglect.

6. Where the mortgagee brings his

bill of foreclosure, the mortgage
will, after the same length of time,
be presumed to have been dis-
charged, unless circumstances can
be shown to repel the presump-
tion, as, payment of interest, a
promise to pay, an acknowledg-
ment by the mortgagor that the
mortgage is still subsisting, and
the like. Id.

497, 498
7. A bona fidei purchaser under the

mortgagor, with actual notice of
the mortgage, or constructive no-
tice by means of a registry, can
only protect himself, by the lapse
of time, or other equity, onder
the same circumstances which
would afford a protection to the
mortgagnr. Id.

8. Such a purchaser is not entitled to

have the value of the improve-
ments made by him deducted


1. A bill in equity, brought to rescind

a purchase made under the decree
of this Court, in Terrett v. Tay-
lor, (9 Cranch, 43.) upon the
ground, that the title to the pro-
perty was defective, and could not
be made good by the Vestry and
other persons,

who were parties
to the former suit. Bill dismissed.

Mason v. Muncaster, 445
2. Where the mortgage deed coatain-

ed a defensance that the mortga-
gor should pay the debt, accord-
ing to the condition of a bond re-
cited in the deed, by which it was
payable on a day already past, at
the time of the execution of the
deed: Held, that this circum-
stanice, did not avoid the mortgage
deed is equity, where it was to be
considered as a conveyance, ab-
s olate at law, bat intended as a


from the proceeds of the sale of principal is not made a party tu
the mortgaged premises. Id. the suit. But if the principal be

500 not himself sabject to the juris-
9. Practice of Courts of Equity on ju diction of the Court, (as in the
dicial sales. The Monte Allegre, case of a sovereigo State,) the

616. 649 rule may be dispensed with Id.
10. In all cases of concurrent jurisdic-

tion, the Court which first has 17. A Court of equity will interpose
possession of the subject, must by injunction, to prevent the
determine it conclusively. Smith transfer of a specific thing, which,
v. M'Iver,

532 if transferred, will be irretrieva-
11. Although Courts of equity bave bly lost to the owner, such as ne-

concurrent jurisdiction with gotiable securities and stocks. Id.
Courts of law, in all matters of

fraud, yet, where the cause has
already been tried and determi CONSTITUTIONAL LAW.
ned by a Court of law, a Court of
equity caonot take cognizance of 1. The acts of the Legislature of the
it, unless there be the addition of State of New York, granting to
some equitable circumstance to Robert R. Livingston and Robert
give jurisdiction. Id.

534 Fulton, the exclusive navigation
12. In such a case, some defect of of all the waters within the juris-

testimony, or other disability, diction of that State, with boats
which, a Court of law cannot re moved by fire or steam, for a term
move, must be shown, as of years, are repugnant to that
ground for resorting to a Court of clause of the constitution of the
equity. Id.

534 United States, which authorizes
13. In general, the answer of one de Congress to regulate commerce,

fendant in equity, cannot be read so far as the said acts prohibit
in evidence against another. But vessels licensed, according to the
where one defendant succeeds to laws of the United States, for car-
another, so that the right of the rying on the coasting trade, from
one devolves on the other, and navigating the said waters by
they become privies in estate, the means of fire or steam. Gibbons
rule does not apply. -Osborn v. 0. Ogden,

1. 186.
Bank of the United States, 738 2. The power of regulating commerce,
14. Where the defendant is restrained extends to the regulation of navi-
by an injunction, from using mo gation. Id.

ney in his possession, interest 3. The power to regulate commerce
will not be decreed against him. extends to every species of com-

837 mercial intercourse between the
15. An injunction will be granted to United States and foreign nations,

prevent the franchise of a corpo and among the several States. It
ration from being destroyed, as does not. stop at the external
well as to restrain a party from boundary of a State. Id. 193
violating it, by attempting to par. 4. The power to regulate commerce
ticipate in its exclusive privile is general, and has no limitations,

838 but such as are prescribed in the
16. Ja general, an injunction will not copistitution itself. Id. 196

be allowed, wor a decree render. 5. The power to regulate commerce,
ed, against an agent, where the so far as it extends, is exclusively

ges. Id.

vested 10 Congress, and no part treaties made, or which shall be
of it can be esercised by a Statc. made, under their authority."

198 Osburn v. U. S. Bank, 738
6. State inspection laws, health laws, 12. The Circuit Courts of the United

and laws for regulating the inter States have jurisdiction of a bill
nal commerce of a State, and brought by the Bank of the United
those which respect turnpike States, for the purpose of protect-
roads, ferries, &c. are not with ing the Bank in the exercise of its
in the power granted to Congress. franchises, which are threatened to

203 be invaded, under the unconstitu-
7. The laws of New-York, granting to tional laws of a State ; and, as

R. R. L. and R. F. the exclusive the State itself cannot, according
right of navigating the waters of to the 11th amendment of the con-
that State with steam boats, are stitution, be made a party dcfend-
in collision with the acts of Con. ant to the suit, it may be main-
gross regulating the coasting trade, tained against the officers and
wbich being made in pursuance agents of the State, who are in-
of the constitution, are supreme,

trusted with the execution of such
and the State laws must yield to laws. Id.
that supremacy, even though en 13. A State cannot tax the Bank of
acted in pursuance of powers ac-

the United States; and any at-
knowledged to remain in the tempt, on the part of its agents
States. Id.

210 and officers, to enforce the col-
8. A license under the acts of Con. lection of such tax against the
gress, for regulating the coasting

property of the Ba k, may be
trade, gives a permission to carry restrained by injuncaon from the
on that trade, and is not merely Circuit Court. Id.
intended to confer the national

character. Id. 212. 214 CONSTRUCTION OF STATUTE.
9. The power of regulating commerce

extends to navigation carried on 1. The French Tonnage Duly Act of
by vessels exclusively employed the 15th of May, 1820, c. 125.
in transporting passengers. Id. inflicts no forfeiture of the vessel,

215, 216

for non-payment of the tonnage
10. The power of regulating con duty. The duty is collectable in

merce, extends to vessels propel the same manner as by the Col-
led by steam or fire, as well as to lection Act of 1799, c. 128. The
those navigated by the instrumen Appollon,

362. 367
tality of wind and sails. Id. 219 2. The 29th sec. of the Collection Act
11. The act of incorporation of the of 1799, c. 128. does not extend

Bank of the United States, which to the case of a vessel arriving
gives the Circuit Courts of the from a foreign port, and passing
United States jurisdiction of suits through the conterminous waters
by and against the Bank, is war of a river, which forms the boun
ranted by the 3d article of the dary between the United States
constitution, which declares, that and the territory of a foreign
“the judicial power shall extend State for the purpose of proceed-
to all cases, in law and equity, ing to such territory. Id. 369
· arising under this constitution, 3. Under the Slave TRADE AAT of

the lines of tke United States, and 1794, c. 187. [xi.) s. 1. an in.
Vol. IX.


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