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10. Where the suit in the State Court 5. When a question arises as to the
is commenced by summons, and the condition of the contents of such
id. rier is not properly chargeable for the
condition of such contents. id.
6. If the external covering of the goods
is damaged when they are delivered,
contents, the evidence may be dis-
pensed with, the admission in the bill
of lading being prima facie sufficient.
See CARRIER, 2.
SHIPPING, 1, 22, 30.
contents and weight unknown," the
BONA FIDE PURCHASER.
See PUBLIC OFFICER.
2. Held, also, that the vessel was liable
in Admiralty for the value of a part
See SHIPPING, 26, 27.
3. The proper mode of proving the exe-
See COLLECTOR, 7 to 23.
the receipt, in good order and con.
id. against the carrier for their non-
delivery, that it was not enough for delivering it, and the master over-
the vessel was responsible to the con-
to B. at New York, through the canal, miralty in the District Court, the con-
BILL OF LADING.
SHIPPING, 29, 30.
CASES CITED AND EXAMINED.
3. The Propeller Genesee Chief v. Fitz-
hugb, (12 How., 443.)
279 5. Griswold v. Lawrence, (1 Blatchf. C.
C. R., 346.) Griswold v. Maxwell, 145
cover from B. the charges which he 6. Wilder v. Gayler, (1 Blatchf. C. C. R.,
8. Grant v. Raymond, (6 Pet., 218.) id.
the goods the same as the freight
The American Pin Co. v. The Oak.
10. Russell v. Cowley, (Webster's Patent
Co., (4 Binney, 602.) Griswold v.
The Union Mutual Ins. Co., 231
12. Astley v. Reynolds, (2 Strange, 915.)
Tult v. Ide,
14. Lennig v. Maxwell, (ante, p. 125.)
1. A Commissioner appointed by this
Court is, in the execution of the du-
ties of his office under the Act of
September 18th, 1850, (9 U. S. Stat.
at Large, 462), commonly called the
Fugitive Slave Act, in no legal sense
writ of certiorari to such a Commis.
19. Pierson v. Maxwell, (2 Blatchf. C. C.
CESTUI QUE TRUST.
See Trust, 1.
1. The charter-party of a vessel provi.
part necessary for the officers and
crew, and for stowing sails, cables,
420 posal of the charterer for a specific
voyage. The charterer agreed to fur-
421 ber for the voyage, at a specified
price per thousand feet. After the
id. go, the charterer desired to put on
board two pieces of timber that were
port-hole of the vessel, and insisted
that the port-hole should be enlarged
527.) Day v. The Union India Rub. nish any more cargo till that was
488 done. Thereupon, the master landed
the cargo that had been taken on
id. ballast: Held, in an action by the
owner against the charterer, to recov.
id. ed by the failure to furnish the car-
go, that the undertaking of the chart-
id. timber as was suitable to the capa.
city and condition of the vessel, and
convey a given quantity of lumber
and timber generally, and was not
vessel. Beecher v. Bechtel, 40
id. was her charterer for a specific term,
4. Semble, that a charter-party is not a
States, have no jurisdiction, and, of
course, cannot exercise any, but such
as Congress, by legislative Acts war-
ranted by the Constitution, has con-
Northern Railroad Co.,
gial civil suit in which the plaintiâ
is a citizen, and the defendant is an
alien, even though the defendant is a
resident foreign Consul duly admitted
as such by the President. St. Luke's
Hospital v. Barclay,
3. The consular character of an alien
only exempts him from the jurisdic-
Costs, I to 3.
COURTS OF U. STATES,
Patents, 47, 48.
6. Held, also, that the charterer was li-
able to pay, at Liverpool, the stipula-
id. 1. Under the Act of March 3d, 1799,
$ 2, (1 U. S. Stat. at Large, 706), a
ed into, at Liverpool, between the for granting constructive permits to
2. Where but one permit to land the ary, 1851, and adopted his acts until
baggage of all the passengers on one that time as being official: Held, in
estopped from claiming that he was
id. of 1849, notwithstanding the passage
of the Act of September 28th, 1850,
id. $1,500 per annum, and also to the
fees and commissions prescribed by
316), and by the 2d section of the
the illegal acts of his deputy, in ex- notwithstanding the passage of the
6. And he is so liable, although he be- 12. Where such Collector seized, as
lieved the exaction to be legal, and forfeited to the United States, certain
id. to law, and, without procuring any
condemnation of them by legal pro-
cess in Louisiana or Oregon, under
325 of such sales, and entered the usual
credits, in such Collector's accounts,
led to and surrounded the passage of Collector was entitled, under § 91 of
id. 13. Held, also, that such Collector was
entitled to such moiety, although the
subsequent enactments on the same application of the owners of such
id. and for the cost and value of such
liquors before their importation. id.
ing the accounts of a Collector ap- 14. Where such Collector took bonds