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Vide STATUTES OF U. S. 1. The act of the state of New-

York of the 3d of April, 1811,

is an insolvent and not a bank-

rupt law. Adams v. Storey. 79
Vide Lien.

2. Distinction between insolvent

and bankrupt laws.-Derived

from England, where it has

been long established. Those
1. No exertions which one may laws defined.

make to procure the condem- 3. If the act in question, how-
nation of a vessel under a sup- ever, had been a bankrupt
position that he is entitled to law, it would not have been
a part of the penalty as infor- void as repugnant to the consti-
mer, can constitute him an in- tution of the United States. ib.
former, unless he actually gave 4. Presumption in favour of the
the information which led to constitutionality of state laws.
the seizure. Brewster v.. Gel-


426 5. The existence of a power in

the states to pass bankrupt

laws, not incompatible with

the powers delegated to Con-

gress for that purpose. The
1. An injunction to stay proceed- exercise of the powers of the

ings in ninety-two suits in latter would, however, sus-
ejectment, where the parties, pend the powers of the for-
pleadings, title, and testimony,

were the same in each suit, 6. Importance of bankrupt laws
until one or more could be to the larger commercial states,
tried, the remaiuder to abide and probability that they in-
the event, refused. A court tended to retain the right of
of law can afford the necessary making their own until Con-
relief in such a case, if it be gress could adopt an uniform
proper, by a consolidation rule.

system. Difficulties attending
Peters v. Prevost.

64 the adoption of such system.
2. Whether in such a case a per-

petual injunction would be 7. Whether a general bankrupt
granted against proceeding in law, including any classes be.
the remaining actions after the sides traders, would be within
defendants had obtained suc- the powers granted by the


constitution to Congress ? 18. Expediency and justice of
ib. insolvent laws.

8. The constitutional provision 19. The defendant made to the

that “no state shall pass any plaintiffs at Boston, Massachu-
law impairing the obligation of setts, while they all resided
contracts,” does not apply to there, several promissory
insolvent laws.

ib. notes, and afterwards remov-
9. Difficulty attending the appli- ed to New York, where he
cation of this provision. ib.

was discharged under the in-
10. Rules of constitutional con- solvent law of that state, of the

ib. 3d of April, 1811, which was
11. History of the evils which passed after the making of the

led to the adoption of this and notes. Held, that his discharge
the like restraining provisions. was a good bar to the action. ib.
Jasolvent laws were not among
those evils ; on the contrary,

they were esteemed benefi-

ih. 1. The register of a vessel is the
12. Inference from the uninter- only document which need
rupted practice of some of the

be on board during a period
states in favour of the consti- of universal peace, in com-

tutionality of such laws. ib. pliance with the warranty of
13. Presumption that contract- natioaal character. Catlett v.

ing parties, being aware of this Pacific Insurance Company.
practice, make their contracts

with reference to it. ib. 2. It is the original register
14. The retrospective operation which is required by law to

of insolvent laws does not be transmitted, on the loss of
bring them within the consti- a vessel, to the Register of
tutional provision.

ib. the Treasury to be cancelled.
15. Chronological account of the And as it is the practice not to

insolvent laws of New York. destroy the register after it is
No distinction in any of them cancelled, it is a document
between existing and future required by law to be depo-

ib. sited in the Register's office;
16. The rule lex loci contractus and a duly certified copy is
does not apply to cases of dis- legal evidence.

charge under insolvent laws.ib. 3. The record of condemnation
17. Meaning of this rule. Mis- of a vessel, in a Court of

chievous tendency of some Vice-Admiralty, is not evi-
dicta and decisions arising out

The seal does
of it, proceeding on a mistake not prove itself, but must be
in applying it as well to the

proved by a witness who
remedy as to the construction knows it ; or the bandwriting
and validity of the contract. of the judge or clerk must be
Remarks on Smith and Bu- proved; or that it is an exa-
chanan, and other cases. ib. mined copy. The certificate

dence per se.

of the American Consul is not was held, that they could not

sufficient to authenticale it. ib. set up that the supercargo be-
4. The testimony of the captain, came an owner before the

that a suryey was held on the commencement of the risk. ib.
vessel, and that the surveyors 9. The bill of lading, on its face,
reported that she could not and the other papers, showed
be repaired but at 100 great that the interest of the three
an expense, and that she was owners, after shipment, was
thereupon condemned on his joint : But there was an en-
application, although not evi. dorsement on the bill of la-
dence of these proceedings, ding, stating that one half the
was held to be evidence that cargo was the property of one
he coincided with the survey. of the plaintiffs, and the other
ors in opinion.

ib. half the property of the other
5. An averment that the plain- plaintiff and the supercargo :

tiffs have an entire interest in Held, that the endorsement
themselves in the subject in- was intended only to show the
sured, cannot be supported by extent of each owner's inte.
evidence of a joint interest rest, and that the separate
with others.

ib. purchase of the cargo, toge-
6. Nor can an averment of a ther with the endorsement,

joint interest with others, be did not prove that their inte-
supported by proof of a sole rests were several.


ib. 10. Before the end of the voy-
7. The plaintiffs purchased, se- age it was broken up, and the

parately, each a moiety of the ineured abandoned on learning
cargo, which was specie, and the fact. The instructions to
instructed their agent to get the master and supercargo,
it insured on their joint ac- showed that the rights and
count: The agent effected duties of the latter, as su.
the insurance, but the policy percargo, were not to com-
was expressed to be on ac- mence until the end of the
count of owners : Afterwards,

voyage. On the loss of the
one of the plaiotiffs transfer- voyage, the master delivered
red half his share to the per- the specie to the agent of the
son who was to go in the ves- supercargo, and it was invest-
sel as supercargo. Held, that ed in cotton. Held, that as
the term “ owners," was de- the supercargo was not inte-
scriptive of the persons in- rested in the policy, his acts
tended to be insured, and re- did not bind the other joint
ferring to matters out of the owners; and that his capacity
policy, was open to explana- of supercargo suspended whal-

tion by extrinsic proof. ib. ever powers he might have
8. As the underwriters under- had as a partner, and that the

stood, when they made the investment by him of the spe-
insurance, that it was on ac- cie, was as agent for the un-
count of the plaintiffs only, it derwriters, and did not con-



stitute an act of ownership, so bel for seizures made in an-
as to waive the abandonment. other district from that where

ib. the proceedings are instituted.

But the District Court of the

district wbere the seizure is
If there has not been a previous made, has exclusive jurisdic-
demand of the penalty of a

The brig Little Ann.
bond, or an acknowledgment
that the whole is due, interest 2. The Circuit Courts are not
is recoverable only from the inferior in the technical sense
commencement of the suit. of the books, but are so only
Bank of U. S. v. Magill. 661 as subordinate to the Supreme

Court. But their jurisdiction

is special and limited. Living-
ston v. Van Ingen.

Vide EscapE. SHERIFFS. 3. If jurisdiction of " cases aris-

ing under the laws of the Voit-

.ed States” be not conferred on

the Circuit Courts by an act
Vide Action, 1. CAAXCERY, 3- of Congress, they cannot take

12. EVIDENCE, 8, 9, 10. Exe. cognizance of them. ib.
CUTIONS. JURISDICTION, 7, 8, 4. And where Congress have
9. PRACTICE, 3, 4, 5. 7. given an action at law in

the Circuit Court in cer-

tain cases, they do not thereby

acquire jurisdiction so as to
1. The jurisdiction of the District entertain in those cases a bill

Courts derived from that clause in equity not relating to an ac-
in the judiciary act declaring tion at law.

that they shall have “exclu- 5. But, wbether, if it should be-
sive original cognizance of all come necessary in action at
civil causes of admiralty and law in the Circuit Courts to
maritime jurisdiction, includ- appeal to their equity side in
ing all seizures under laws of aid or defence of such action,
impost, navigation, or trade of those Courts would have the
the United States, where the necessary equity powers ?
seizures are made on waters Quere.

which are navigable from the 6. A bill filed to restrain the in-
sea by vessels of ten or more fringement of a patent, where
tons burthen, within their re- both parties were citizens of
spective districts ; and of all the same state dismissed, and
seizures on land or other wa- an injunction refused.--Con-
ters than as aforesaid made, gress having confined the re-
and of all suits for penalties medy for a breach of patent
and forfeitures inc red under rights to an action at law, and
the laws of the United States," the judiciary acts not giring
does not extend to cases of li. the Court jurisdiction in equi-

ty, except in cases between and laws of the United States

citizens of different states, ib. give them jurisdiction. Lucas
7. The judgments of a Court not v. Morris.

having jurisdiction are not 12. The District Courts have
merely erroneous, and valid not, like the Chancellor in
until reversed, but are void ab England, exclusive jurisdiction
initio. Denn er dem. Fisher y. over the entire execution of
55 the bankrupt law.

3. A judgment of a State Court 13. They cannot remove the

in a case where jurisdiction assignees, nor compel them to
was acquired, not by the com- account.

mon law, but by a statute of 14. Plea to the jurisdiction by a
the state, which before the bankrupt on a bill filed by his
rendition of the judgment had creditors to compel the as-
been virtually repealed by the signees to account, overruled.
adoption of a treaty, was held

not voidable, but void. ib. 15. The Circuit Courts are not
9. In 1780 the ancestor of the deprived of their jurisdiction

lessors of the plaintiff, a Bri- where it arises from the citi.
tish subject, was indicted in zenship or aliepage of parties,
the Supreme Court of New- by the joining of a mere no-
York, under the act entitled minal party, who does not pos-
“ an act for the forfeiture and

sess the requisite character.
sale of the estates of persons Wurd v. Arredondo. 410
who have adhered to the ene- 16. But where, in equity, a de.
mies of this state,” &c. ; and cree against such party is es-
in October, 1783, a judgment sential to the relief sought, he
of forfeiture against his estates is not a mere nominal party.
was rendered. The treaty of
peace stipulating against any 17. The jurisdiction of the Su- .
subsequent confiscation, was preme Court is pointed out
signed in September preced- by the constitution ; but the
ing. Held, that the proceed- distribution of the powers of
ings were coram non judice, the inferior Courts is regulat-
and void.


ib. ed and governed by the laws
10. The District Courts possess- by which they are constitut.

ing all the powers of Courts ed. Smith v. Jackson. 453
of Admiralty, whether consi- 18. The Circuit Courts have no
dered as instance or prize supervising power or control
Courts, have jurisdiction of all over the District Courts other
cases of marine trespass or than is given by the laws of

tort. The Amiable Nancy. 111 the United States ; which is to
11. The Circuit Courts have ju- compel a rendition of a judg-

risdiction of matters arising ment or decree, and to re-ex-
under the bankrupt law, as amine it on error or appeal.
they have of any other sub-

ject, where the constitution 19. To deprive an American ci-


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