adoption should be exceedingly clear and unequivocal. That the attorney of the United States had referred to the 50th section of the collection law, as containing the restrictions, regulations, penalties and forfeitures intended to be adopted by the clause of the embargo law now in question. But that it would be borne in recollection that the clause now in question speaks of such restrictions, regulations, penalties and forfeitures "as are provided by law for the inspection of goods, wares and merchandize imported into the United States," and that it will be found on examination that the 50th section of the collection law treats, not of the "inspection" of goods, wares and merchandize, but of their uniading and delivery; and that neither the word "inspection” nor any word of corresponding import, is to be found throughout the whole section; nor could the counsel for the appellant discover the semblance of a reason why the 50th section of the collection law was thus endeavored to be pressed into the service of the embargo acts and its supplements, except that there was no other part of the collection law which could be tortured into a bearing on the subject, and except also that the 50th section of that law is more rigorous in its penalties and denunciations than any other portion of our antient revenue system. The counsel for the appellant concluded by observing that the language of the Legislature is involved in such obscurity as at least to leave room for doubt; and that in the construction of the criminal or penal laws, doubt should be tantamount to acquittal.

His honor the Judge, after holding the cause under advisement for several days, delivered a very luminous and able opinion, in which he took an extended view of the whole subject, declaring it to be very questionable whether the Legislature intended to attach to vessels lading otherwise than in the prescribed manner, any penalty except that of being refused a clearance;

but that if it was indeed the intention of the Legislature to superadd other penalties and forfeitures, they had not adopted that clearness of phraseology which would authorise the court, consistently with the established rules which are to govern the construction of penal statutes to carry such intention into effect. The judgment of the District Court therefore is reversed.

The manner of authenticating Foreign Deeds, Records, and other Instruments in Writing, so as to make them evidence.

In the month of February, 1798, the Legislature of Kentucky, taking into consideration, that the intercourse between that State and the other States in the Union, and with foreign nations had become more considerable, so as to render it necessary, that some mode should be adopted to give authority to deeds and other instruments in writing, foreign judgments, specialties on records, registers of birth and marriages, made, executed, entered into, given and enregistered, by and between persons residing in any of the United States, or in any foreign kingdom, state, nation or colony, beyond sea and out of the jurisdiction of the state, enacted,

That all such deeds, if acknowledged by the party making the same, or proved by the number of witnesses before any court of law, or the mayor, or other chief magistrate of any city, town or corporation of the town or county, in which the party shall dwell, certified by such court, or mayor, or chief magistrate, in the manner such acts are usually authenticated by them, having annexed thereto the attestation of the clerk, and the seal of the court, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said. attestation is in due form; and all policies of insurance, charter parties, powers of attorney, foreign judgments, specialties on

* Powers of Attorney for confessing, or suffering judgment to pass by default, or otherwise, and all general release of error before action brought, are null and void. December, 1799. §7.

record, registers of birth and marriages, as have been, or shall be made, executed, entered into, given and enregistered in due form, according to the laws of such state, kingdom, nation, province, island or colony, and attested by a notary publick, with a testimonial from the proper officer of the city, county, corporation or borough, where such notary publick shall reside, or the great seal of such state, kingdom, province, island, colony, or place beyond sea, should be evidence in all the Courts of Record within that Commonwealth, as if the same had been proved in the said courts.

Bills of Exchange in Kentucky.

Where any foreign bill of exchange, which may be drawn for any sum of money, expressing that the value has been received, shall be protested for non-acceptance or non-payment, it shall carry interest from the date until paid, at the rate of 10 per cent. per annum. But no person shall pay more than eighteen months interest from the date to the time it is presented protested, to the drawer or endorser.

The holder of such protested bill, may prosecute an action of debt for the principal, interest and charges of protest, against the drawers and endorsees jointly or separately, and judgment shall be given at the rate of 10 per centum per annum, as aforesaid, to the time of such judgment and legal interest upon the money recovered, until paid.

Such bills, after the death of the drawer or endorser, are considered as of equal dignity with a judgment, and his executors or administrators shall suffer judgment to pass against them for debts due on protested foreign bills of exchange, before any bond, bill or other debt of equal or inferior dignity, under the penalty of paying the same out of their own proper goods.

The protest may be made by a notary, or if there be no such, by any other person, in presence of two or more credible persons: and the drawer, such protest being sent to him, or notice thereof in writing being given to him, or left at the place of his usual abode within fourteen days thereafter, shall pay the money men

No. XIII.

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tioned in the bill, with legal interest from the date of the protest : and he to whom the bill shall be payable, neglecting to procure the protest to be made, or due notice thereof to be given, shall be liable for all costs and damages accruing thereby. If the bill be lost or mislaid, the drawer shall assign another, upon being indemnified. This applies to bills drawn in Kentucky upon persons residing within the state.

If any person draw or endorse a bill upon any person out of the state, but within the United States, and the same be returned unpaid with a legal protest, it shall be paid with legal interest from the date of the protest, charge of protest and damages, at the rate of ten per cent.

Nothing in this law shall authorise a recovery of money from the endorser of a protested bill, unless the holder shall have given the endorser a reasonable notice in writing of such protest.

February, 1798.

INTEREST.

When partial payments are made of bonds, contracts or assurances for money, goods or property, that bear legal interest; the interest that has then accrued, shall be first credited, and the balance of such partial payments, be placed to the payment of the principal. December, 1799.

ALIENS.

Any alien, other than alien enemies, who shall have actually resided within the Commonwealth of Kentucky two years, may, during the continuance of his residence after the said period, be enabled to hold, receive and pass any right, title or interest to any lands or other estate, known within the commonwealth, in the same manner as citizens may do. December, 1800

FORM OF A TURKISH POWER OF ATTORNEY.

Translated from a genuine document, for the American Law
Journal.

The poor before the Divine Majesty (be his memory exalted) MOHAMMED, the Son of Ahmed Aboul Sou-oud El Mouthalana, in the District of Alexandria, (the well preserved) May God grant him mercy! (a)

Here is the place of the Seal.

(Given) in the Tribunal of the most beautiful law, and in the assembly of the most resplendent Sect, in the Island and District of Alexandria, which God preserve from all disgrace.

In the presence of our Master, his lordship, the legal Judge, who is of the sect of Anefy, now Inspector of the Judgments in the said district, who has above affixed his seal and signature: God

(a) All this is the Judge's signature, which is affixed at the top; hence it is said afterwards, the above written, and not, as with us, the underwrit, ten Judge,