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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,

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DEBTS.

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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

46

56

un-

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"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.

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See Executor, 2,

JURISDICTION.

9

335, 418

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

Liter,

3. See Appeal, 1,

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LIMITATIONS.

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,

72

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.

v. Md. In. Co.

Richards

85

85

98

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,

469

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169

1. Quere, whether the non-inter-
course act, as it regards Great
Britain, was not merged in the law
of war. The Rapid,

164

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

PLEADING,

1. See Joint merchants, 1, 2,
2. See Abatement,

30

229

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