ADMIRALTY.

1. Where the pleadings in an admiralty cause
are too informal and defective to pronounce
a final sentence upon the merits, the cause
will be remanded by this court to the circuit
court, with directions to permit the plead-
ings to be amended, and for further proceed-
ings. The Divina Pastora....... .*52, 64
2. A collector of the customs, who makes a
seizure of goods, for an asserted forfeiture,
and before the proceedings in rem are con-
summated by a sentence of condemnation, is
removed from office, acquires an inchoate
right, by the seizure, which, by the sub-
sequent decree of condemnation, gives him
an absolute vested right to his share of the
forfeiture, under the collection act of the 2d
March 1799. Van Ness v. Buel........*74
3. In, case of civil salvage, where, under its pe-
culiar circumstances, the amount of salvage
is discretionary, appeals should not be en-
couraged, upon the ground of minute distinc-
tions of merit, nor will the court reverse the
decision of an inferior court, unless it man-
ifestly appear that some important error has
been committed. The Sybil...
*98

4. The demand of the ship-owners for freight
and general average, in such a case, is to be
pursued against that portion of the cargo
which is adjudged to the owners of the goods,
by a direct libel or petition; and not by a
claim interposed in the salvage cause...... .Id.
5. Any citizen may seize property forfeited
to the use of the government, either by the
municipal law, or as prize, in order to enforce
the forfeiture; and it depends upon the
government, whether it will act upon
the seizure; if it proceed to enforce the
forfeiture by legal process, this is a suffi-

cient confirmation of the seizure. The Caledo
nian.
*100

6. The admiralty possesses a general juris-
diction in cases of suits by material-men,
in personam and in rem. The General
Smith....
*438

7. Where the proceeding by material-men is
in rem, to enforce a specific lien, it is incum-
bent upon the party to establish the existence
of such lien, in the particular case.. ..Id.
8. Where repairs have been made, or neces-
saries furnished to a foreign ship, or to a
ship in the port of the state to which she
does not belong, the general maritime law
gives the party a lien on the ship itself for
his security, and he may maintain a suit in
rem, in the admiralty, to enforce his right.. Id.
9. But as to repairs or necessaries in the port
or state to which the ship belongs, the case
is governed altogether by the local law; and
no lien is implied, unless by that law.... Id.
10. By the common law, material-men furnish-
ing repairs to a domestic ship have no par-
ticular lien upon the ship itself for their
demand.
Id.
11. A shipwright who has taken a ship into
his possession to repair it, is not bound to
part with the possession, until he is paid for
the repairs; but if he parts with the posses-
sion (of a domestic ship), or has worked
upon, it, without taking possession, he has
....Id.
no claim upon the ship itself...
12. The common law being the law of Mary-
land on this subject, material-men cannot
maintain a suit in ren, in the district court of
Maryland, for supplies furnished to a domestic
ship, although they might have maintained a
suit in personam in that court... . . . . ..Id.
See DUTIES, 1-3: DOMICIL: LICENSE: PRAC-
TICE, 5, 6: PRIZE.

scent.

ALIEN.

1. An alien may take an estate in lands by the
act of the parties, as by purchase, but he
cannot take by the act of the law, as by de-
Orr v. Hodgson..
*453
2. Where a person dies, leaving issue, who are
aliens, the latter are not deemed his heirs in
law;
but the estate descends to the next of
kin, who have an inheritable blood, in the
same manner as if no such alien issue were
in existence..
...Id.
3. The 6th article of the treaty of peace of
1783, between the United States and Great
Britain, completely protected the titles of
British subjects to lands in the United States,
which would have been liable to forfeiture,
by escheat, for the defeat of alienage; that
article was not meant to be confined to con-
fiscations jure belli..
.Id.
4. The 9th article of the treaty of 1794, be-
tween the United States and Great Britain,
applies to the title of the parties, whatever
it is, and gives it the same legal validity as if
the parties were citizens; it is not necessary,
that they should show an actual possession
or seisin, but only that the title was in them,
at the time the treaty was made....... .Id.
5. The 9th article of the treaty of 1794, did
not mean to include any other persons than
such as were British subjects or citizens of
the United States...
Id.

See CHANCERY, 29.

AMENDMENTS.

See ADMIRALTY, 1.

BANKRUPT.

See CONSTITUTIONAL LAW, 1, 2, 5: LEX LOCI.

CHANCERY.

1. In 1790, S. H., a citizen of Virginia, made
his last will, containing the following. be-
quest: "Item, what shall remain of my
military certificates, at the time of my death,
both principal and interest, I give and be-
queath to The Baptist Association that, for
ordinary, meets at Philadelphia, annually,
which I allow to be a perpetual fund for the
education of youths of the Baptist denomina-
tion, who shall appear promising for the
ministry, always giving a preference to the
descendants of my father's family:" "In
1792, the legislature of Virginia passed an
act repealing all English statutes: In 1795,
the testator died: The Baptist Association in
question had existed as a regularly organized
body, for many years before the date of his

2. The above bequest could not be taken by
the individuals who composed the association
at the death of the testator; the subsequent
incorporation of the association did not give
it the capacity of taking this bequest; there
are no persons who could entitle themselves
to the benefit of this legacy, were it not a
charity; and it is not sustainable in this
court, as a charity...
....Id.

3. Such a legacy would be sustained in Eng-
land...
Id
4. The English statute of 43 Eliz. gives validity
to some devises to charitable uses, which
were not valid, independent of that stat-

6. Such charitable bequests cannot be establish-
ed by a court of equity, enforcing the prero-
gative of the king as parens patriæ, inde-
pendent of the statute 43 Eliz..... ...Id.
7. If, in England, a charitable bequest of this
nature, could be enforced by virtue of the
king's prerogative as parens patriæ, quære?
How far the principle is applicable in the
courts of the United States?. . . . . . . . . . . Id.
8. Note on charitable bequests, Appendix,
Note I....
*3

9. The rudiments of the law of charities de-
rived from the Roman law..
..Id.
10. The statute of the 43 Eliz., c. 4, the prin-
cipal source of the law of charities....Id. *5
11. No cases are considered as charitable, unless
they fall within the words or intent of the
statute....
.Id. *6
12. Modes of relief under the statute.... Id. *7
13. What charities are within the stat-
ute..
.Id. #9
14. Mode of construing charitable bequests.. Id.
15. How far a court of equity, sitting in one
jurisdiction, can execute charitable bequests
for foreign objects in another jurisdic-
tion....
..Id. *17

16. Mode of administering charities in chan-
Id. *19

cery...

17. Remedy for misapplication of charity
funds..
. Id. *21
18. The circuit courts of the Union have chan-
cery jurisdiction in every state; they have

the same chancery powers, and the same
rules of decision in equity cases in all the
states. United States v. Howland. .*108, 115
19. The circuit court has jurisdiction, on a bill
in equity filed by the United States against
the debtor of their debtor, they claiming a
priority under the act of 1799, § 65, not-
withstanding the local law of the state
where the suit is brought allows a creditor to
proceed against the debtor of his debtor by
a peculiar process at law...
..Id.

20. Upon a bill in equity, filed by the United
States, proceeding as ordinary creditors
against the debtor of their debtor, for an
account, &c., the original debtor to the United
States ought to be made a party, and the ac-
count taken between him and his debtor.. Id.
21. The equitable lien of the vendor of land
for unpaid purchase-money, is waived by any
act of the parties, showing that the lien is
not intended to be retained; as, by taking
separate securities for the purchase-money.
Brown v. Gilman...
.*255, 296

22. An express contract that the lien shall be
waived to a certain extent, is a waiver of the
lien to any greater extent.....
.Id.
23. Where the deed itself remains an escrow,
until the first payment is made, and is then
delivered as the deed of the party, and the
vendor consents to rely upon the negotiable
notes of the purchaser, indorsed by third
persons, for the residue of the purchase-
money, this is such a separate security as
extinguishes the lien.....
.Id.

24. Note on the subject of lien on land for un-
paid purchase-money..
.Id. *292

25. Bill for rescinding a contract for the sale of
lands, on the ground of defect of title, dis-
missed, with costs. Orr v. Hodgson...*453
26. Under the registry act of Ohio, which pro-
vides that certain deeds "shall be recorded
in the county in which, the lands, tenements
and hereditaments, so conveyed or affected,
shall be situate, within one year after the day
on which such deed or conveyance was exe-
cuted; and unless recorded in the manner
and within the time aforesaid, shall be deemed
fraudulent against any subsequent bond fide
purchaser, without knowledge of the existence
of such former deed of conveyance," lands
lying in Jefferson county were conveyed by
deed; and a new county, called Tuscarora
county, was erected, partly from Jefferson,
after the execution and before the recording
of the deed, in which new county the lands
were included, and the deed was recorded in
Jefferson: Held, that the registry was not
sufficient, either to preserve its legal priority,
or to give it the equity arising from con-
structive notice. Astor v. Wells..*467, 486

27. Notice of a prior incumbrance to an agent,
is notice to the principal........... .Id.
28. Under the statute of fraudulent convey-
ances of Ohio, which provides, that "every
gift, grant or conveyance of lands, tenements,
hereditaments, &c., made or obtained with
intent to defraud creditors of, their just and
lawful debts and damages, or to defraud or
deceive the person or persons who shall pur-
chase such lands. &c., shall be deemed ut-
terly void, and of no effect," held, that a
bona fide purchaser, without notice, could not
be affected by the intent of the grantor to
defraud creditors....

Id.

1. Since the adoption of the constitution of the
United States, a state has authority to pass a
bankrupt law, provided such law does not im-
pair the obligation of contracts, within the
meaning of the constitution, art. 1, § 10; and
provided there be no act of congress in force,
to establish a uniform system of bankruptcy,
conflicting with such law. Sturges v. Crow-
ninshield...
.*122, 192

2. The act of New York, passed on the 3d of
April 1811 (which not only liberates the per-
son of the debtor, but discharges nim from
all liability for any debt contracted previous
to his discharge, on his surrendering his
property in the manner it prescribes), so far
as it attempts to discharge the contract, is a
law impairing the obligation of contracts,
within the meaning of the constitution of the
United States, and is not a good plea in
bar of an action brought upon such con-
tract...
Id.

3. Whenever the terms in which a power is
granted by the constitution to congress, or
whenever the nature of the power itself re-
quires that it should be exercised exclusively
by congress, the subject is as completely
taken away from the state legislatures, as if
they had been expressly forbidden to act
on it..
....Id. *193

4. Statutes of limitation and usury laws, unless
retroactive in their effect, do not impair the
obligation of contracts, and are constitu-
tional...
..Id. #206

5. A state bankrupt or insolvent law (which
not only liberates the person of the debtor,
but discharges him from all liability for the
debt), so far as it attempts to discharge the
contract, is repugnant to the constitution of
the United States; and it makes no difference
in the application of this principle, whether
the law was passed before or after the debt
was contracted. McMillan v. McNeill, *209
6. The act of assembly of Maryland, of 1793,
c. 30, incorporating the Bank of Columbia,
and giving to the corporation a summary
process by execution, in the nature of an
attachment, against its debtors, who have,
by an express consent in writing, made the
bonds, bills or notes by them drawn or in-
dorsed, negotiable at the bank, is not re-
pugnant to the constitution of the United
States or of Maryland. Bank of Columbia
v. Okely....
*286, 240
7. But the last provision in the act of incor-
poration, which gives this summary process
to the bank, is no part of its corporate fran-
chises, and may be repealed or altered at
pleasure, by the legislative will. . . . . . . . . Id.
8. Congress has power to incorporate a bank.
McCulloch v. State of Maryland. ... . . .*316
9. The government of the Union is a govern-
ment of the people; it emanates from them;
its powers are granted by them; and are to
be exercised directly on them, and for their
benefit.
...Id.

10. The government of the Union, though
limited in its powers, is supreme within its
sphere of action; and its laws, when made
in pursuance of the constitution, form the
supreme law of the land.....
.Id.

11. There is nothing in the constitution of the
United States, similar to the articles of
confederation, which excludes incidental or
implied powers..
..... Id.
12. It the end be legitimate, and within the
scope of the constitution, all the means which
are appropriate, which are plainly adapted
to that end, and which are not prohibited,
may constitutionally be employed to carry it
into effect
Id.
13. The power of establishing a corporation is
not a distinct sovereign power or end of
government, but only the means of carrying
into effect other powers which are sovereign.
Whenever it becomes an appropriate means
of exercising any of the powers given by
the constitution to the government of the
Union, it may be exercised by that govern-
.Id.

ment

14. If a certain means to carry into effect an
of the powers expressly given by the con-
stitution to the government of the Union, be
an appropriate measure not prohibited by
the constitution, the degree of its necessity
is a question of legislative discretion, not of
judical cognisance....
..Id.

15. The act of the 19th April 1816, "to incor-
porate the subscribers to the Bank of the
United States," is a law made in pursuance
of the constitution...

...Id.
16. The Bank of the United States has, con-
stitutionally, a right to establish its branches
or oflices of discount and deposit within any

20. This principle does not extend to a tax paid
by the real property of the Bank of the
United States, in common with the other real
property in a particular state, nor to a tax
imposed on the proprietary interest which the
citizens of that state may hold in this insti
tution, in common with the other property of
the same description throughout the state.. Id.
21. The charter granted by the British crown
to the trustees of Dartmouth College, in
New Hampshire, in the year 1769, is a con-
tract, within the meaning of that clause of
the constitution of the United States (art.
1, § 10), which declares, that no state shall
make any law impairing the obligation of
contracts. The charter was not dissolved
by the revolution. Dartmouth College v.
Woodward...
*518
22. An act of the state legislature of New
Hampshire, altering the charter of Dartmouth
College, in a material respect, without the
consent of the corporation, is an act impair-
ing the obligation of the charter, and is un-
constitutional and void.....
...Id.
23. Under its charter, Dartmouth College was
a private, not a public corporation. That a
corporation is established for the purpose of
general charity, or for education generally,
does not, per se, make it a public corporation.
liable to the control of the legislature....Id
See CHANCERY, 18: PRACTICE, 3, 4.