1. Semb: It is a good defence, to an
action upon an embargo bond, that
it was given for more than double
the value of the vessel and cargo,
and that the master was constrain-
ed to execute it by the refusal of a
clearance. United States v. Gor-
don,
⚫ 287
2. If the original judgment be re-
versed, the reversal of the depen-
dent judgment on the "forthcom-
ing bond" follows of course; but
a special certiorari is necessary to
bring up the execution upon which
the bond was given so as to show
the connexion between the two
judgments. Barton v. Petit and
Bayard,
288,
3. When a collector of revenue has
given two bonds for his official con-
duct at different periods and with
different sureties, a promise by a
supervisor to apply his payments
exclusively to the discharge of the
first bond, although some of the
payments were for money collect-
ed and paid after the second bond
was given, does not bind the U-
nited States, and does not amount
to an application of the payments
to the first bond., United States
v. January and Patterson, 572

BRITISH TREATY.

The British treaty of 1794 confirmed
the title of lord Fairfax's waste
and unappropriated lands, in the
Northern Neck of Virginia, in his
devisee a British subject. Fairfax
v. Hunter,
604

answer.

Wilson v. Koontz,

202

See Attorney at law, 2,

436

CONCEALMENT OF PAPERS.

509

CLERK.

See Fees, 1,

CONSIDERATION.

5. See Abandonment, 2,

CREDIT, LETTER OF

1. The construction of a letter of
credit or guaranty must be the
same in a Court of equity as in a
Court of law. Russel v. Clark, 69
2. To charge one person with the
debt of another, the undertaking
must be clear and explicit. Id. 70
3. It is the duty of him who gives
credit to another, upon the respon-
sibility or undertaking of a third
person, immediately to give notice
to the latter, of the extent of his
engagements. Id.

70
4. A fraudulent recommendation will
subject the person, giving it, to the
damages sustained by the person
trusting to it. Id.
70

472

DELAY.

to be paid to him without security

487