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PRESIDENT OF THE UNITED STATES-1.

PROTEST-1.
1. A commission is not necessary to the appoint-

See Bills of Exchange, 5, 7, 10.
Qent of an officer by the executive.
Marbury v. Madison,

(178) 73

PUBLIC AGENT-1.
2. The President cannot authorize a Secretary of

See Agent Public.
State to omit the performance of those duties which
are enjoined by law. id.

(160) 68

PURCHASER-4.
3. A justice of peace in the District of Columbia 1. The purchaser of land from a collector of
is not removable at the will of the President. taxes must show the authority of the collector to
Id.

(10.) 'sell.
See Mandamus.

Stcad v. Course,

(403) 660
PRESIDENT OF UNITED STATES-2.
The instructions of the President of the United
States, if not warranted by law, will not justify the
commander of a ship of war of the United States

RECORD-1.
in executing them. Little v. Barreme, (170) 243 1. When all the requisites have been performed

which authorize a recording oflicer to record any
PRESUMPTION-2.

instrument, and the order for that purpose has
See Evidence, 1. Payment, 1.

been given, the instrument is, in law, considered as
PRIORITY--2.

recorded, although the manual labor of inserting it

in a book kept for that purpose may not have been
In all cases of insolvency or bankruptcy of their performed. Varbury v. Madison, (160) 68
debtor, the United States are entitled to priority 2. The keeper of a public record cannot erase
of payment out of his eifects.

therefrom a commission which has been recorded,
United States v. Fisher et al., (358) 304 nor refuse a copy to a person demanding it on the

Id.

terms prescribed by law.
PROMISSORY NOTE-3.

(Ib.) 68
1. An indorser may avail bimself of usury be-

REFUGEE—.
tween the maker and the indorsee.

See Aliens, 2.
Levy 1. Gadsby,

(180) 404
2. The averment that the assignment of a prom-

REGISTER-3.
issory note was for value received is immaterial,

See Forfeiture, 1.
and need not be proved.
Wilson v. Codman,

(193) 408

REGISTER-4.
3. If the defendant plead the bankruptcy of the 1. See Duties, 2.
indorser in bar, a replication that the note was 2. If an American registered vessel be sold while
given to the indorser, in trust for the plaintiff, is at sea to a citizen of the United States, it is not
not a departure from the declaration which avers necessary that there should be a bill of sale, or a
the note to have been given for value received. new register, until the vessel return to some port
Wilson v. Codman,

(193) 408 in the United States.
4. If a promissory note be received as conditional United Siates v. Willings & Francis, (48) 546
payment for goods sold and delivered, and be
passed away, the vendor of the goods cannot main-

RENTS/2.
tain an action for the goods sold and delivered.

See Money, 2. Depreciation, 1.
Harris v. Johnston,

(311)

450
5. An indorsee of a promissory note payable to

RENT-4.
order, cannot in Virginia, maintain an action at

See Lease, 1, 2, 3.
law, against a remote indorser ; but he may in
equity. Id.

(Ib.) 450

REPLEVIN-4.
PRIVITY--1.

See Lease, 1, 2, 3.
See Bills of Exchange, 13, 15.

RESTITUTION-4.
Is privity necessary to support indebitatus as-

See Admiralty, 1.
mumpsit for money bad and received ?
Appendia,

(439) 168

REVENUE-3.
PRIZE 4.

See Llen, 1. Mortgage, 1. Non-Intercourse, 1, 2.

Collector, 2. Petersburgh, 1. Forfeiture, 1.
See Admiralty, 1, 2.

REVENUE-4.
PROBABLE CAUSE-1.

See Collector, 3.
See Admiralty, 3.
PROBABLE CAUSE-2.

REVERSAL4.
See Admiralty, 2.

1. Costs are not given upon reversal of judgment.
Quare, whether probable cause will excuse from

Montalet v. Murray,

(47) 545
damages? Little v. Barreme,

(176) 245

RULES OF COURT-1,
PROCEEDINGS IN REM–4.

See Page xvi.
See Admiralty, 3, 4.

RULE OF COURT-3.
PROCESS--1.

See General Rule, 239.
1. Process shall be in the name of the President
of the United States. Rules of Court, (xvi) 11

2. Subpæna in equity must be served 60 days be-
fore the return day. Id.

(xvii) 11

SALE, BILL OF-1.
PROMSSORY NOTES--1.

See Bill of Sale.
See Bills of Exchange. 1, 2, 3, 4, 11, 13, 14, 15,

SALE-4.
16, 17, 18, 19, 20, 21, 22, 23, 24.

See Duties, 2. Register, 2. Collector, 1, 2.
PROMISSORY NOTES-4.
1. It does not appear upon the record that suit

SALVAGE-1.
might have been maintained in the courts of the

See Admiralty, 1, 2, 3, 4, 7, 8, 9, 10.
United States between the original parties to a
promissory note, no suit can be maintained upon

SALVAGE-2.
It in those courts by any subsequent holder.
Montalet v. il urray,

(46) 545

See Admiralty, 7, 8, 9, 10, 11.
2. The indorser of a promissory note for the ac-

SALVAGE-4.
commodation of the maker, is entitled to strict no-
tice. French v. Bank of Columbia, (141) 576 1. One half allowed for salvage in Delaware Bay

Peisch u. Ware,

(347) 643
PROSECUTIONS-2.

2. Goods saved are not liable to the ordinary
See Limitations,
revenue laws. Id.

(Ib.

648
Cranch 1, 2, 3

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3. Quare, whether they ought to pay duties.

STATUTE OF FRAUDS4.
Persch v. Ware,

(348)
643

1. The promise to pay the debt of another must
SEAMEN'S WAGES-4.

be in writing, and cannot be explained by parol.
1. Seamen's wages are a lien prior to bottomry.

Grant v. Naylor,

(235) 606
Blaine v. ship Charles Carter, (328) 336

STATUTE—3.
SECRETARY OF STATE-1.

The words of a statute, if dubious, ought to be

taken most strongly against the law makers.
See Mandamus, 1, 7, 9, 10, 16, 17, 18 19, 20.

United States v. Heth,

(413) 483
SEIZIN-4.

SUGAR-2.
See Covenant, 1, 2, 3.

See Duties.
SEIZURE-2.

SURVEY-4.
See Admiralty, 1, 2, 5, 6. Insurance, 3.

See Evidence, 15.
SEIZURE—3.

SURVEY OF LANDS-1,
See Forfeiture, 1. Navy, 1.

See Kentucky, 1, 3.
SEIZURE-4.
1. Seizures under the prohibition by France of
all trade with the revolted blacks of St. Domingo,

TAXES--.
could lawfully be made only within two leagues of

See Collector, 1, 2.
the coast of that island.
Rose v. Himcly,

(242) 608

TENANTS IN COMMON-4.
2. See Law of Nations, 2. Municipal Law, 3, 4.
Admiralty, 15, 19, 23.

1. In Vermont, tenants in common may maintain

a joint action of ejectment.
SENTENCE-4.

Hicks v. Rogers,

(165) 583
1. See Evidence, 4, 17. Admiralty, 8, 9, 11, 16.

2. A sentence of condemnation is necessary to de- TERRITORIES OF THE UNITED STATES 4.
vest the property in cases of capture or seizure. See Trial, 2. Jurisdiction, 14. Treason, 3.
Appendix,

(514) 706

TREASON-4.
SET-OFF-2.

1. To constitute a levying of war there must be
1. If a suit be brought by the assignor of an open an assemblage of persons for the purpose of effect.
account in his own name for the use of the assignee, ing by force a treasonable purpose. Enlistment of
the defendant may offset his claims against the men to serve against government is not sufficient
assignee. Winchester 1. Fackley, (342) 299

Ex parte Boliman and Swartrout, (75) 554
2. The defendant cannot cffset bad debts made 3. See Admiralty, 20, 21.
by the misconduct of the plaintiff in selling the de- 2. When war is levied, all those who perform any
(endant's goods as factor. Id.

(Ib.) 299 part, however minute, or however remote from the

scene of action, and who are actually leagued in the
SHERITF-1.

general conspiracy, are trait rs. Id. (16.) 554
See Execution, 1, 3, 5.

3. Any assemblage of men for the purpose of

revolutionizing by force the government established
SHIP_3.

by the United States in any of its territories, al-
See Forfeiture, 1. Navy, 1.

though as a step to, or the means of, executing
some greater projects, amounts to levying war.

id.
SLAVE-3.

(Ib.) 554

4. The travelling of individuals to the place of
If the owner of a slave, removing into Virginia, rendezvous is not sufficient, but the meeting of par.
shall take the oath required by the act of the As- ticular bodies of men, and their marching from
sembly, within 60 days after the removal of the places of partial to a place of general rendezvous,
owner, it shall prevent the slave from gaining his is such an assemblage as constitutes a levying of
freedom, although he was brought into Virginia by war. Id.

(76) 555
a person claiming and exercising the right of own- 5. To levy war, is to raise, create, make or carry
ership over hiin, eleven months before the removal on war.
of the true owner; and altliough the person who Appendix, United States v. Burr, (470) 684
brought him in never took the oath ; and although

6. If an army be actually raised for the arowed
the slave remained in Virginia more than one year ; purpose of carrying on open war against the
and although the true owner never brought him in.

United States, and subverting their government, a
Scott v. Negro London,

(324) 455

commissary of purchases, who never saw the army,

but who, knowing its object, and leaguing himself
SLAVE-4.

with the rebels, supplies that army with provisions,
See Gift, 2, 3.

is guilty of an overt act of levying war.

Appendix, United States v. Burr, (470) 684
SLAVE TRADE-2.

7. So is a recruiting officer, who, though never
1. Prosecutions under the act of Congress against

in camp, executes the particular duty assigned to

him. Id.
the slave trade must be commenced within two

(Ib.) 684

8. The term "levying war," is used in the consti-
years after the offense committed.
Adams q. t., t. Woods,

tution of the United Siates in the same sense in

(336) 297
2. The question of forfeiture of the vessel under country to have been used in the statute of 23 Ed-

which it was understood in England and in this
the act of Congress against the slave trade, is a
question of admiralty and maritime jurisdiction.

ward III. from which it was borrowed. (10.) 694
United States v. Schooner Sally, (406) 320

9. All those who perform the various and essen-

tial military parts of prosecuting the war, which
SOVEREIGNTY-4.

must be assigned to different persons, may be said
to levy war. Id.

(472) 685
See New Jersey.

10. Those who perform a part in the prosecution

of the war, may be correctly said to levy war.
STATE--2.

Id.

(10.) 683
See Columbia, 3, 4.

11. But quære, whether he who counsels and ad-

vises, but performs no act in prosecution of the
STATE LAWS-4.

war; or he who, being engaged in the conspiracy,
1. The courts of the United States will respect

fails to perform his part, can be said to levy war,

Id.
the construction given to the laws of the several

(10.) 655
states by the courts of such states.

12. If the war be actually levied, if the accused
Higginson v. Mein

has performed a part, but is not leagued in the con-

(419) 665
Pollard v. Duight,

spiracy, and has not appeared in arms against his
(429) 668
country, he is not a traitor. Id.

(474) 686
STATEMENT OF FACTS--1.

13. Constructive treason is where the direct and

avowed object is not the destruction of the sov.
See Admiralty, 11. Appeal, 2.

ereign power. Id. (475, 476, 477, 478) 686-687

689

14. Where a body of men are assembled for the 37. Quære, whether the crime of advising or pro-
purpose of making war against the government, curing a levying of war, be within the constitu-
and are in a condition to make that war, the assem- tional definition of treason? Id. (Ib.) 701
blage is an act of levying war. Id. (475)

686 38. If the overt act be not proved by two wit-
15. The assemblage of men which will constitute nesses, so as to be submitted to the jury, all other
levying war, must be a "warlike assemblage," car- testimony is irrelevant. Id. (506, 507) 702
rying the appearance of force, and in a situation 39. Levying war is an act compounded of law
to practice hostility. Id.

(480) and fact, of wbich the jury, aided by the court.
16. An asseinblage of men with a treasonable de must judge. Id.

(507) 702
sign, but not in force, nor in condition to attempt 40. Appearing at the head of an army would be
the design, nor attended with warlike appearances, an overt act of levying war. So also detaching a
does not constitute the fact of levying war. military corps from it, for military purposes.
id.

(482) 689
id.

(10.) 702
17. To assemble an army of 7,000 men is to place
those who are assembled in a state of force.
Id.

(484) 691

TRESPASS-3.
18. The travelling of several individuals to the Trespass lies against the officer who executes the
place of rendezvous, either separately or together, process of a court not having jurisdiction.
but not in military form, would not constitute levy.

Wise v. Withers,

(331) 457
ing war. The act must be unequivocal, and have
a warlike appearance.

TREATY, BRITISH–4.
Appendix, United States v. Burr, (485) 691 See Limitations, 1. Aliens, 2, 8. Confiscation,
19. War can only be levied by the employment 1, 2. Insurance, 4.
or actual force. Troops must be embodied; men
must be openly assembled. Id.

(487) 692

TRIAL-4.
20. Arms are not an indispensable requisite to 1. See Exceptions, 1, 2. Evidence, 3. Jurisdic-
levying war; nor the actual application of force to tion, 18, 19
the object. Id.

(488) 693 2. The clause of the 8th section of the act of
21. It is not sufficient that an indictment for Congress for the punishment of certain crimes
treason allege generally that the accused had levied against the United States, respecting the place of
war against the United States. The charge must trial when crimes are committed out of the juris-
be more particularly specified by laying an overt diction of any particular state, applies only to of-
act of levying war, and this overt" act must be fenses committed in some river, haven, basin or
proved as laid. Id.

(490) 694 bay not within the jurisdiction of a particular
22. A person may be concerned in a treasonable state, and not to the territories of the United
conspiracy, and yet be legally as well as actually states, where regular courts are established, compe-
absent while some one act of the treason is perpe. tent to try those offenses.
trated.

(IL.) 694

Ex parte Bollman and Swartwout, (77) 555
23. Every one concerned in a treasonable con- 4. The conviction of some one who has commit.
spiracy is not constructively present at every overt ted the treason must precede the trial of him wbu
act of the treason committed by others not in his has advised or procured it.
presence.

(16.) 694

Appendix, United States v. Burr, (505) 701
24. A man may be legally absent who has coun:
selled or procured the treasonable act.

TRUST--3.
Id.

(491) 694 If the payee of a note hold it in trust, his bank-
25. The prisoner can only be convicted upon the ruptcy will not take away his power to indorse it
overt act laid in the indictment. If other overt over to cestui que trust,
acts can be inquired into, it is for the sole purpose

Wilson 0. Codman,

(193) 408
of proving the particular fact charged.
Id.

(493) 695

UNITED STATES.
26. A person cannot be constructively present at In all cases of insolvency of their debtor, the
an overt' act of treason, uuless he be aiding and United States are entitled to a priority of payment
abetting at the fact, or ready to afford assistance out of his effects.
if necessary.
11.

(494) 6.96

United States v. Fisher et al., (358) 304
27. If the particular overt act of treason charged
be advised, procured or commanded by the accused,

USURY-3.
he is guilty accessorily and not directly as princi If A lend money to B, who puts it out at usuri-
pal. Id.

(494) 696 ous interest, and agrees to pay A the same rate of
28. A person in one part of the United States interest which he is receiving upon A's money,
cannot be considered as constructively present at this is usury between A and B, and an indorser
an overt act committed in a remote part of the of B's note to A may avail himself of the plea of
United States. Id.
(Ib.) 696 usury. Levy o Gadsby,

(180) 401
29. The presence of a party, where presence is
necessary to his guilt, is part of the overt act, and
must be proved by two witnesses.
Appendir, United States v. Burr, (500) 699

VARIANCE-1.
30. An indictment charging a person with being
present at an overt act of treason, cannot be sup-

See Debt, 1.
ported by proving only that the person accused
caused the act to be done by others in his absence.

VARIANCE-3.
No presumptive evidence, no facts from which pres-

A variance between the date of the bond as stat-
ence can be inferred, will satisfy the constitution

ed in the declaration, ai d as it appears on oyer, is
and the law. Id.

(16.) 699 a matter of substance, and fatal on the plaintiff's
31. The part which a person takes in the war special demurrer to the defendant's bad rejoinder.
constitutes the overt act, on which alone he can be

Cooke v. Graham,

(229) 420
convicted. Id.

(502) 700
32. Qure, whether he who procures an act may

VERDICT-1.
be indicted as having performed that act ?

1. A verdict will not cure a mistake in the
Id.

(10.) 700

nature of the action.
33. If proof of procurement is admissible in Eng-

Insurance Co. of Alexandria v. Young,
land to establish a cbarge of actual presence, on an

(332) 126
Indictment for levying war, it is only by virtue of 2. After verdict, every assumpsit in the declara-
the operation of the common law upon the statute tion is to be taken as an express assumpsit.
of Edward III. Id.

(503) 700
Id.

(341) 129
34. Qurre, whether there be in this country a
similar operation of the common law ? II. (16.) 700

VERDICT-3.
35. If proof of procurement be admissible upon A finding by the jury which contradicts a fact
a charge of presence, such procurement must be admitted by the pleadings is to be disregarded.
proved in the same manner, and by the same kind

M'Ferran v. Taylor,

(270) 436
of testimony, as would be required to prove actua)
presence. Id.

(16.) 700

VERMONT-4.
36. The conviction of some one who has commit.

See Tenants in Common.
ted the treason must precede the trial of him who
has advised or procured it; and the right of the

VESSEL-4.
prisoner to call for the record of conviction is not
walved by pleading to the indictment Id. (505) 701

See Register, 2. Duties, 2

743

VIRGINIA-1.

WITNESS 1.
See Bills of Exchange, 1, 2, 3, 4, 5, 13, 15. Bond,

See Evidence, 4.
Gellicuming. Absent Debtor. Office Judgment.
Execution, 3, 5. Evidence, 1.

WITNESS-3.

See Evidence, 5.
VIRGINIA---2.

WITNESS-4.
See Bond, Forthcoming. Money, 2. British Cred-
itors, 1.

1. A witness interested in certain admitted items

of the plaintiff's account, is still a competent wit-
VIRGINIA-3.

ness to prove other items.
Sinith v. Carrington,

(62) 550
See Costs, 2. British Subjects, 1, 2. Mortgage, 2.

2. See Treason, 29.
Limitations, 1, 2, 3. Bond, 4. Promissory
Note, 5. Slaves, 1. Agent, 3.

WRIT OF ERROR.
VIRGINIA-4.

See Admiralty, 12. Appeal, 1. Error, 1, 4, 5, 6, 7.
See Limitations, 1. Lease, 3. Columbia.

See

WRIT OF ERROR-3.
Bank of Alexandria, 2.

No appeal or writ of error lies in a criminal case,
3. Quære, whether private acts of the assembly from a judgment of the circuit courts of the United
of Virginia, printed by the public printer of that States. United States v. More, (159) 397
state, under the authority of law, may be read in
evidence without further authentication ?

WRIT OF ERROR-4.
Young v. Bank of Alcrandrio, (384) 655 1. If a writ of error be served before the return
4. See Gift, 2, 3. Evidence, 15. Covenant, 2. day, it may be returned after, even at a subsequent

term; and the appearance of the defendant in error
waives all objection to the irregularity of the re-
turn. Wood v. Lide.

(180) 555
WARRANT-3.

2. The service of a writ of error is the lodging a

copy thereof for the adverse party in the office of
A warrant of commission by Justices of the the clerk of the court, where the judgment was
peace must state a good cause certain, supported rendered. Wood v. Lide,

(180) 588
by oath. Ha parte Burford,

(448)

495 3. See Appeal, 4.
744

Cranch 1, 2, 3, 4.

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PRESIDENT OF THE UNITED STATES-1.

PROTEST--1.
1. A commission is not necessary to the appoint-

See Bills of Exchange, 5, 7, 10.
bent of an officer by the executive.
Marbury v. Madison,

(178) 73

PUBLIC AGENT--1.
2. The President cannot authorize a Secretary of

See Agent Public.
State to omit the performance of those duties which
are en joined by law. Id.

(160) 68

PURCHASER_4.
3. A justice of peace in the District of Columbia 1. The purchaser of land from a collector of
is not removable at the will of the President. taxes must show the authority of the collector to
Id.

(10.) 'sell.
See Mandamus.

Stead v. Course,

(403) 660
PRESIDENT OF UNITED STATES--2.
The instructions of the President of the United
States, if not warranted by law, will not justify the
commander of a ship of war of the United States

RECORD--1.
in executing them. Little r. Barreme, (170) 243 1. When all the requisites have been performed
PRESUMPTION--2.

which authorize a recording oslicer to record any

instrument, and the order for that purpose bas
See Evidence, 1. Payment, 1.

been given, the instrument is, in law, considered as
PRIORITY-2.

recorded, although the manual labor of inserting it

in a book kept for that purpose may not have been
In all cases of insolvency or bankruptcy of their performed. Varbury v. Madison, (160) 68
debtor, the United States are entitled to priority 2. The keeper of a public record cannot erase
of payment out of his effects.

therefrom a commission which has been recorded,
United States v. Fisher et al., (358) 304

nor refuse a copy to a person demanding it on the

Id.

terms prescribed by law.
PROMISSORY NOTE-3.

(Ib.) 88
1. An indorser may avail himself of usury be-

REFUGEE-4.
tween the maker and the indorsee.

See Aliens, 2.
Levy 1. Gadsby,

(180)

404
2. The averment that the assignment of a prom-

REGISTER-3.
issory note was for value received is immaterial,

See Forfeiture, 1.
and need not be proved.
Wilson v. Codman,

(193)
408

REGISTER-4.
3. If the defendant plead the bankruptcy of the 1. See Duties, 2.
indorser in bar, a replication that the note was 2. If an American registered vessel be sold while
given to the indorser, in trust for the plaintiff, is at sea to a citizen of the United States, it is not
not a departure from the declaration which avers necessary that there should be a bill of sale, or a
the note to have been given for value received. new register, until the vessel return to some port
l'ilson v. Codman,

(193) 408 in the United States.
4. If a promissory note be received as conditional United States v. Willings & Francis, (48) 546
payment for goods sold and delivered, and be
passed away, the vendor of the goods cannot main-

RENTS-2.
tain an action for the goods sold and delivered.

See Money, 2. Depreciation, 1.
Hurris v. Johnston,

(311) 450
5. An indorsee of a promissory note payable to

RENT-4.
order, cannot in Virginia, maintain an action at

See Lease, 1, 2, 3.
law, against a remote indorser ; but he may in
equity. Id.

(16.) 450

REPLEVIN-4.
PRIVITY-1.

See Lease, 1, 2, 3.
See Bills of Exchange, 13, 15.

RESTITUTION-4.
Is privity necessary to support indebitatus as-

See Admiralty, 1.
sumpsit for money bad and received ?
Appendia,

(439) 168

REVENUE-3.
PRIZE-4.

See Llen, 1. Mortgage, 1. Non-Intercourse, 1, 2.
See Admiralty, 1, 2.

Collector, 2. Petersburgh, 1. Forfeiture, 1.

REVENUE-4.
PROBABLE CAUSE–1.

See Collector, 3.
See Admiralty, 3.
PROBABLE CAUSE--2.

REVERSAL 14.
See Admiralty, 2.

1. Costs are not given upon reversal of judgment.
Quare, whether probable cause will excuse from

Montalet v. Murray,

(47) 545
damages? Little v. Barreme,

(176) 246

RULES OF COURT---1.
PROCEEDINGS IN REM-4.

See Page xvi.
See Admiralty, 3, 4.

RULE OF COURT- -3.
PROCESS-1.

See General Rule, 239.
1. Process shall be in the name of the President
of the United States. Rules of Court,

(xvi) 11
2. Subpæna in equity must be served 60 days be-
fore the return day. Id.

(xvil) 11

SALE, BILL OF-1.
PROMISSORY NOTES-1.

See Bill of Sale.
See Bills of Exchange, 1, 2, 3, 4, 11, 13, 14, 15,

SALE-4.
16, 17, 18, 19, 20, 21, 22, 23, 24.

See Duties, 2. Register, 2. Collector, 1, 2.
PROMISSORY NOTES---4.
1. It does not appear upon the record that suit

SALVAGE-1.
might have been maintained in the courts of the

See Admiralty, 1, 2, 3, 4, 7, 8, 9, 10.
United States between the original parties to a

upon

SALVAGE-2.
in those courts by any subsequent holder.
Vontalet v. jfurray,

See Admiralty, 7, 8, 9, 10, 11.
2. The indorser of a promissory note for the ac-

(46) 545

SALVAGE-4.
commodation of the maker, is entitled to strict no-
tice. French v. Bank of Columbia, (141) 576 1. One half allowed for salvage in Delaware Bay.

Peisch v. Ware,

(347)

643
PROSECUTIONS-2.

2. Goods saved are not liable to the ordinary
See Limitations, 3.
revenue laws. Id.

(10.) 645

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