Court : US Supreme Court
..... in certain cases divided equally between the captors and the united states. by the twentieth section, all provisions of previous acts inconsistent with this act are repealed. this act excludes property on land from the category of prize for the benefit of captors, and ..... is made, and the whole authority found in our legislation is contained in the act for the better government of the navy, approved july 17, 1862. by the second section of the act, [ footnote 15 ] it is provided that the proceeds of all ships ..... the insurrection, or consent to such use or employment, such property should "be lawful subject of prize and capture wherever found." and by act of july 17, 1862, [ footnote 3 ] to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of ..... 11 ] ibid., 591 [ footnote 12 ] ibid., 820. [ footnote 13 ] report of the secretary of the treasury on the finances, december 10, 1863, p. 438. [ footnote 14 ] edwards 107. [ footnote 15 ] 12 stat. at large 606. .....
Tag this Judgment!Court : US Supreme Court
..... seizure had a fixed and well known meaning -- that they import a seizure made under circumstances which warrant suspicion. the court in that case were construing the 71st section of the collection law of 1799, which provided that the onus probandi should be on the claimant only where probable cause was shown for the prosecution. it was ..... to justify seizure, the evidence must be such as, if unanswered, would justify condemnation. but the court held that such a construction would render totally inoperative the provision of the act of congress. judge story, in the george, [ footnote 4 ] which was a libel for damages for an alleged illegal capture, gave the same exposition of the terms ..... probable cause, may order and decree damages and costs against the captors. [ footnote 1 ] in time of war, the party who makes a seizure does not always act at his peril, and is not always liable to damages and costs if he fails to establish the forfeiture of the vessel. in fact, prize courts deny damages in .....
Tag this Judgment!Court : US Supreme Court
..... states, [ footnote 9 ] in clifton v. united states, [ footnote 10 ] and in buckley v. united states, [ footnote 11 ] the informations were founded upon certain sections of the acts of 1799, 1830, and 1832. the court below applied the rule alike to all the counts. page 70 u. s. 144 the same result followed in this court as ..... no application to this cause." which instruction the judge refused, but charged as is hereinafter set forth. "10th. that the word 'knowingly' in the first section of the act of march 3, 1863, means, in connection with the language which accompanies and surrounds it, fraudulently. " which instruction the judge refused, but charged as is hereinafter ..... said entry knowing or believing the invoice to be false." which instruction the judge refused, but charged as is hereinafter set forth. "9th. that that section of the act of congress of march 2, 1799, which provides that where probable cause is shown for the prosecution, the onus probandi shall lie on the claimant has .....
Tag this Judgment!Court : US Supreme Court
..... and thomas croxall at that time. it remains to consider the effect of the statute of limitation relied upon by the defendant in error. the second section of the act of the 5th of june, 1787, declares that thirty years' actual possession, where such possession was obtained by a fair and bona fide purchase of ..... 3 ] declaring that from that day "no statute of the parliament of england or great britain should have force within the state of new jersey." also that (by act of june 5, 1787, section 2d), [ footnote 4 ] "thirty years' actual possession of any lands, tenements, or other real estate, uninterruptedly continued as aforesaid, . . . wherever such ..... wife, and morris croxall, by peter gordon, his guardian, submitted a remonstrance. the remonstrance was afterward withdrawn, and with the consent of all the parties, an act of the legislature was passed february 14, 1818, which appointed three commissioners, with power to divide the estate into four equal parts, and to set off and apart .....
Tag this Judgment!Court : US Supreme Court
..... imports. now the act of august 6, 1861, differs entirely in its scope and character from that of ..... collector of the port is under the act of july 13, 1861, which is an act for the collection of duties on imports. by the supplement of may 20, 1862, to that act, the penalties are to be distributed according to the 91st section of the act of march 2, 1799, an act to regulate the collection of duties on ..... the united states, and the confiscation of which was demanded under the act of 6th august, 1861, entitled "an act to confiscate property used for insurrectionary purposes." [for the sake of distinction, this case was numbered 939.] the act just referred to provides (by its third section, which indicates the persons who may institute proceedings): "that the attorney .....
Tag this Judgment!Court : US Supreme Court
..... the selections without prejudice to the rights, if any there be, of other parties." under this arrangement, the secretary of the interior approved of the odd sections above the fork as certified, according to the act of congress, till, in december, 1853, the number of acres amounted to over 271,572. on the 21st march, 1856, the commissioner of the ..... 1856, and had been for years, but were suspended soon after on account of the refusal of the land department to certify any more sections under the act of 1846, and, as appears from the certificate of the governor of iowa, the sum of $332,634.04 had already been expended by these defendants under their ..... congress enacted "that the grant of lands to the then territory of iowa for the improvement of the des moines river by the act of august 8, 1846, is hereby extended so as to include the alternate sections (designated by odd numbers) lying within five miles of said river between the raccoon fork and the northern boundary of said state; .....
Tag this Judgment!Court : US Supreme Court
..... were indicted for having sold certain goods in packages as imported without having taken out the required license. the defense was that the duty on the goods, imposed by the act of congress, had been paid to the united states; that the license tax was, in page 72 u. s. 479 effect, an additional import duty which could ..... in the same form and quantity in which he sold the same, and (3) that the fine and punishment imposed and inflicted by the law of massachusetts for the acts charged in the indictment were cruel, excessive, and unusual, and that the state law was therefore in conflict with the constitution of the united states [the 8th article to ..... the commonwealth 72 u.s. (5 wall.) 475 error to the supreme court of the commonwealth of massachusetts syllabus 1. a license from the federal government, under the internal revenue acts of congress, is no bar to an indictment under a state law prohibiting the sale of intoxicating liquors. the license tax cases, supra, p. 462, herein affirmed. 2. .....
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..... or exportation without paying the appropriate expenses. 2. authority to make rules and regulations was conferred upon the secretary of the treasury by the fifth section of that act. pursuant to that authority, he promulgated the regulations of the seventeenth of february, 1849, and from that time it was the policy of the ..... , 1849, making provision for bonded warehouses, were adopted and promulgated. iv. 1. importations of every kind might be entered for warehousing under the first section of the act establishing the warehouse system, and when so entered, the requirement was that the goods "shall be taken possession of by the collector" and be deposited ..... stored for a limited time without the payment of duties unless sooner withdrawn for consumption. where the entry of merchandise was incomplete, the fifty-second section of the act of the 28th of february, 1799, required that the importation should be conveyed to some warehouse or storehouse to be designated by the collector, there .....
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..... all obstructions therein. 3. that the city undertook and entered unto the discharge of its duties and obligations by the passage of necessary ordinances, rules, and regulations, authorized by the act of 1851, whereby it became and was its duty to remove all obstructions &c.; 4. that the chicago river and harbor was a public highway and navigable stream, and that ..... public navigable river and highway by the state of illinois, and with all the necessary means to provide funds for defraying the expenses incident thereto; that the city accepted the act of the legislature, and had ever since assumed the exclusive jurisdiction and control over the river harbor; that on the 20th day of may, 1856, the city had passed an .....
Tag this Judgment!Court : US Supreme Court
..... offered to read a copy of a deed, certified from the proper recording office, purporting to be made by elinor brent, executrix, and daniel carroll brent and william brent, acting executors, [ footnote 1 ] of the last will and testament of the william brent first mentioned, conveying the manor to samuel chew. this deed recited that william brent, sr ..... and henry c. schnebly and henrietta maria his wife, party grantors in the foregoing instrument of writing, and severally acknowledged the same to be their and each of their act and deed &c.;, and the said elizabeth c. beatty, wife of eli beatty &c.;, being by us, two justices of the peace as aforesaid, respectively, privately ..... above acknowledgment, were, at the time of signing thereof, and still are, justices of the peace for the county aforesaid, duly commissioned and qualified, and to all their acts as such full faith and credit is, and ought to be, given, as well in courts of justice as thereout. " the objections made by the plaintiff to .....
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