2. The Maryland act of limitations of three years is a good bar to an action of assumpsit for money had and received brought to try the ti- tle to lands in the city of Wash- ington, under the 5th section of the act of Maryland of November,' 1791, c. 45. Beatty v Burnes, 98 3. Quere, whether, by the Maryland
act of cession of the district of Co- lumbia to the United States, the state conveyed to the United States the vacant and unappropriated lands in the district? Beatty v. Burnes,
deterioration of memorandum ar- ticles must be excluded from the estimate. Therefore, in a cargo of a mixed character, no abandon- ment, for mere deterioration in value during the voyage, can be valid, unless the damage on the non-memorandum articles exceed a moiety of the whole cargo in- cluding the memorandum articles. Marcadier v. Ches. In. Co. 39 2. Where the general owner of a ship retains the possession, com- mand and navigation of the same, and contracts to carry a cargo on freight for the voyage, the charter party is to be considered as a mere affreightment sounding in Covenant, and the freighter is not clothed with the character or le-
gal responsibility of ownership. In such case the general owner is also owner for the voyage; and if he be the master of the vessel he is incapable of committing barra- try. Marcadier v. Ches. In. Co. 40
3. When a cargo is insured by di- vers policies, in some of which the rate of exchange is fixed at which the prime cost of the cargo shall be valued; in ascertaining the amount of the interest of the insured, upon settlement of those policies in which the rate of ex- change is fixed, the whole cargo is to be valued at that rate of ex- change without regard to the rate of exchange by which the value may have been ascertained in the other policies. Pleasants v. Md. In. Co.
4. If a policy insures against
"lawful arrests, restraints and de- "tainments of all kings, princes,' &c. the qualification unlawful" extends, in its operation, as well to "restraints and detainments” as to "arrests ;" and, in such case, a detainment by a force law- fully blockading a port, is not a peril insured against by a policy containing a warranty of neutrali- ty. M'Call v. Marine In. Co. 59 VOL. VIII.
See Admiralty, 16, 25, LICENSE OF THE ENEMY.
1. The acts of a tribunal upon a subject not within its jurisdiction, See Admiralty, 5, 7, 8, 9.
are void. Griffith v. Frazier, 9 2. The Circuit Courts of the United States have jurisdiction in writs of right where the property demand- ed exceeds 500 dallars in value; and if upon the trial the deman- dant recover less, he is not to be allowed his costs; but, at the dis- cretion of the Court, may be ad- judged to pay costs. Green v. 229 251
1. An acknowledgment of the ori- ginal justice of the claim is not sufficient to take the case out of the statute of limitations; the ac- knowledgment must go to the fact that it is still due. Clementson v. Williams,
72 2. The statute of limitations is en- titled to the same respect as other statutes, and ought not to be ex- plained away. Clementson v. Wil- liams,
3. Quere, whether the acknowledg- ment by one partner, after the dissolution of the partnership, is sufficient to take a case out of the statute of limitations? Clement- son v. Williams, 72
4. If an executor do not cause him- self to be made party to a suit brought by his testator in his life time and pending at his death, he cannot maintain a new suit under the equity of the exceptions in the statute of limitations.
5. See Journey's accounts, 6. See Columbia, 2, 7. In Virginia a possession of thirty
years, under some circumstances, and of fifty years, under any, con- stitutes a title against all the world. Alexander v. Pendle- ton,
1. Quere, whether the non-inter- course act, as it regards Great Britain, was not merged in the law of war. The Rapid,
2. The forfeiture of goods for the See Admiralty, 1,
violation of the non-intercourse act of March 1st, 1809, takes place upon the commission of the offence and avoids a subsequent sale to an innocent purchaser, although there may have been a regular permit
1. See Joint merchants, 1, 2, 2. See Abatement,
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