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1. An injunction to stay proceed-
ings in ninety-two suits in
ejectment, where the parties,
pleadings, title, and testimony,
were the same in each suit,
until one or more could be
tried, the remainder to abide
the event, refused. A court
of law can afford the necessary
relief in such a case, if it be
proper, by a consolidation rule.
Peters v. Prevost.

64
2. Whether in such a case a per-
petual injunction would be
granted against proceeding in
the remaining actions after the
defendants had obtained suc-

If the act in question, how-
ever, had been a bankrupt
law, it would not have been
void as repugnant to the consti-
tution of the United States. ib.
4. Presumption in favour of the
constitutionality of state laws.
ib.
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
exercise of the powers of the
latter would, however, sus-
pend the powers of the for-

mer.

ib.
6. Importance of bankrupt laws
to the larger commercial states,
and probability that they in-
tended to retain the right of
making their own until Con-
gress could adopt an uniform
system. Difficulties attending
the adoption of such system.
ib.

7. Whether a general bankrupt
law, including any classes be-
sides traders, would be within
the powers granted by the

constitution to Congress? 18. Expediency and justice of

Quere.

ib.

8. The constitutional provision
that "no state shall pass any
law impairing the obligation of
contracts," does not apply to
insolvent laws.
ib.
9. Difficulty attending the appli-
cation of this provision. ib.
10. Rules of constitutional con-
struction:
ib.
11. History of the evils which
led to the adoption of this and
the like restraining provisions.
Insolvent laws were not among
those evils; on the contrary,
they were esteemed benefi-
cial.
ib.
12. Inference from the uninter-
rupted practice of some of the
states in favour of the consti-
tutionality of such laws.
13. Presumption that contract-
ing parties, being aware of this
practice, make their contracts
with reference to it.
14. The retrospective operation
of insolvent laws does not
bring them within the consti-
tutional provision.
ib.
15. Chronological account of the
insolvent laws of New-York.
No distinction in any of them
between existing and future
contracts.
ib.
16. The rule lex loci contractus
does not apply to cases of dis-
charge under insolvent laws. ib.
17. Meaning of this rule. Mis-

ib.

ib.

chievous tendency of some
dicta and decisions arising out
of it, proceeding on a mistake
in applying it as well to the
remedy as to the construction
and validity of the contract.
Remarks on Smith and Bu-
chanan, and other cases.

ib.

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2.

594

It is the original register
which is required by law to
be transmitted, on the loss of
a vessel, to the Register of
the Treasury to be cancelled.
And as it is the practice not to
destroy the register after it is
cancelled, it is a document
required by law to be depo-
sited in the Register's office;
and a duly certified copy is
legal evidence.
3. The record of condemnation
of a vessel, in a Court of
Vice-Admiralty, is not evi-
dence per se. The seal does
not prove itself, but must be
proved by a witness who
knows it; or the handwriting
of the judge or clerk must be
proved; or that it is an exa-
mined copy. The certificate

ib.

of the American Consul is not
sufficient to authenticate it. ib.
4. The testimony of the captain,
that a survey was held on the
vessel, and that the surveyors
reported that she could not
be repaired but at too great
an expense, and that she was
thereupon condemned on his
application, although not evi-
dence of these proceedings,
was held to be evidence that
he coincided with the survey-
ors in opinion.
ib.
5. An averment that the plain-
tiffs have an entire interest in
themselves in the subject in-
sured, cannot be supported by
evidence of a joint interest
with others.
ib.
6. Nor can an averment of a
joint interest with others, be
supported by proof of a sole
ib.
interest.
7. The plaintiffs purchased, se-
parately, each a moiety of the
cargo, which was specie, and
instructed their agent to get
it insured on their joint ac-
count: The agent effected
the insurance, but the policy
was expressed to be on ac-
count of owners: Afterwards,
one of the plaintiffs transfer-
red half his share to the per-
son who was to go in the ves-
sel as supercargo. Held, that
the term "owners," was de-
scriptive of the persons in-
tended to be insured, and re-
ferring to matters out of the
policy, was open to explana-
ib.
tion by extrinsic proof.
8. As the underwriters under-
stood, when they made the
insurance, that it was on ac-
count of the plaintiffs only, it

9.

was held, that they could not
set up that the supercargo be-
came an owner before the
commencement of the risk. ib.
The bill of lading, on its face,
and the other papers, showed
that the interest of the three
owners, after shipment, was
joint: But there was an en-
dorsement on the bill of la-
ding, stating that one half the
cargo was the property of one
of the plaintiffs, and the other
half the property of the other
plaintiff and the supercargo:
Held, that the endorsement
was intended only to show the
extent of each owner's inte-
rest, and that the separate,
purchase of the cargo, toge-
ther with the endorsement,
did not prove that their inte-
rests were several.
ib.
10. Before the end of the voy-
age it was broken up, and the
insured abandoned on learning
the fact. The instructions to
the master and supercargo,
showed that the rights and
duties of the latter, as su-
percargo, were not to com-
mence until the end of the
voyage. On the loss of the
voyage, the master delivered
the specie to the agent of the
supercargo, and it was invest-
ed in cotton. Held, that as
the supercargo was not inte-
rested in the policy, his acts
did not bind the other joint
owners; and that his capacity
of supercargo suspended what-
ever powers he might have
had as a partner, and that the
investment by him of the spe-
cie, was as agent for the un-
derwriters, and did not con-

stitute an act of ownership, so
as to waive the abandonment.
ib.

INTEREST.

If there has not been a previous
demand of the penalty of a
bond, or an acknowledgment
that the whole is due, interest
is recoverable only from the
commencement of the suit.
Bank of U. S. v. Magill. 661

JAIL BONDS.

Vide ESCAPE. SHERIFFS.

JUDGEMENTS.

Vide ACTION, 1. Chancery, 3—
12. EVIDENCE, 8, 9, 10. EXE-
CUTIONS. JURISDICTION, 7, 8,
9. PRACTICE, 3, 4, 5. 7.

JURISDICTION.

1. The jurisdiction of the District
Courts derived from that clause
in the judiciary act declaring
that they shall have "exclu-
sive original cognizance of all
civil causes of admiralty and
maritime jurisdiction, includ-
ing all seizures under laws of
impost, navigation, or trade of
the United States, where the
seizures are made on waters
which are navigable from the
sea by vessels of ten or more
tons burthen, within their re-
spective districts; and of all
seizures on land or other wa-
ters than as aforesaid made,
and of all suits for penalties
and forfeitures incurred under
the laws of the United States,"
does not extend to cases of li-

bel for seizures made in an-
other district from that where
the proceedings are instituted.
But the District Court of the
district where the seizure is
made, has exclusive jurisdic-
tion. The brig Little Ann.

45

40
2. The Circuit Courts are not
inferior in the technical sense
of the books, but are so only
as subordinate to the Supreme
Court. But their jurisdiction
is special and limited. Living-
ston v. Van Ingen.
3. If jurisdiction of" cases aris-
ing under the laws of the Unit-
⚫ed States" be not conferred on
the Circuit Courts by an act
of Congress, they cannot take
cognizance of them. ib.
4. And where Congress have
given an action at law in
the Circuit Court in cer-
tain cases, they do not thereby
acquire jurisdiction so as to
entertain in those cases a bill
in equity not relating to an ac-
tion at law.

5.

ib.
But, whether, if it should be-
come necessary in action at
law in the Circuit Courts to
appeal to their equity side in
aid or defence of such action,
those Courts would have the
necessary equity powers?
Quere.
ib.

6. A bill filed to restrain the in-
fringement of a patent, where
both parties were citizens of
the same state dismissed, and
an injunction refused.-Con-
gress having confined the re-
medy for a breach of patent
rights to an action at law, and
the judiciary acts not giving
the Court jurisdiction in equi-

ty, except in cases between
citizens of different states. ib.
7. The judgments of a Court not
having jurisdiction are not
merely erroneous, and valid
until reversed, but are void ab
initio. Denn ex dem. Fisher v.
Harnden.
55

and laws of the United States
give them jurisdiction. Lucas
v. Morris.
396
12. The District Courts have
not, like the Chancellor in
England, exclusive jurisdiction
over the entire execution of
the bankrupt law.
ib.
13. They cannot remove the
assignees, nor compel them to
ib.

account.

14. Plea to the jurisdiction by a
bankrupt on a bill filed by his
creditors to compel the as-
signees to account, overruled.
ib.

15. The Circuit Courts are not
deprived of their jurisdiction
where it arises from the citi-
zenship or alienage of parties,
by the joining of a mere no-
minal party, who does not pos-
sess the requisite character.
Ward v. Arredondo.

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410

16. But where, in equity, a de-
cree against such party is es-
sential to the relief sought, he
is not a mere nominal party.

3. A judgment of a State Court
in a case where jurisdiction
was acquired, not by the com-
mon law, but by a statute of
the state, which before the
rendition of the judgment had
been virtually repealed by the
adoption of a treaty, was held
not voidable, but void. ib.
9. In 1780 the ancestor of the
lessors of the plaintiff, a Bri-
tish subject, was indicted in
the Supreme Court of New-
York, under the act entitled
"an act for the forfeiture and
sale of the estates of persons
who have adhered to the ene-
mies of this state," &c.; and
in October, 1783, a judgment
of forfeiture against his estates
was rendered. The treaty of
peace stipulating against any
subsequent confiscation, was
signed in September preced-
ing. Held, that the proceed-
ings were coram non judice,
and void.
ib.
10. The District Courts possess-
ing all the powers of Courts
of Admiralty, whether consi-
dered as instance or prize
Courts, have jurisdiction of all
cases of marine trespass or
tort. The Amiable Nancy. 111
11. The Circuit Courts have ju-
risdiction of matters arising
under the bankrupt law, as
they have of any other sub-
ject, where the constitution 19. To deprive an American ci-

ib.
17. The jurisdiction of the Su-
preme Court is pointed out
by the constitution; but the
distribution of the powers of
the inferior Courts is regulat-
ed and governed by the laws
by which they are constitut-
ed. Smith v. Jackson. 453
18. The Circuit Courts have no
supervising power or control
over the District Courts other
than is given by the laws of
the United States; which is to
compel a rendition of a judg-
ment or decree, and to re-ex-
amine it on error or appeal.

ib.

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