The laws of nations do not allow reprisals except in cases of violent injuries directed and supported by the State, and the denial of justice by all the tribunals and the prince.. Punishment by court-martial of offences committed on board of letters-of-marque, is contemplated only when such offences are committed without the jurisdiction of the United States... Where an American vessel commissioned with a letter-of-marque and reprisal has been sold to foreigners, and the new owners are found cruising with the same commander, with the same letter, and under the American flag, and there is good reason to suppose that the commission of the letter-of-marque has been intentionally transferred, it is such an abuse of it as will warrant a suit upon the bond..... LEWIS, WINSLOW.. M. G....... 12 110 112 240 1812 2028 LIABILITY OF GOVERNMENT. The government is not bound to satisfy a judgment for damages recovered against its agent, when it is not made to appear that the property for which the suit was brought came into his hands as such agent, and where the avails of the property were retained by him and were sufficient to indemnify.. Two resolves of Congress commented upon and explained... A receiver of captured property, to deliver to the true owners as they should be as- When the British invaded Castine, the commander of the United States ship Adams, By the settlement of a disputed line between New York and New Hampshire, the This government can in nowise be held responsible for the acts of private trespass LIABILITY OF GOVERNMENT, (continued.) Page. ers; they must be punished in the tribunals established by law, or be prosecuted for the recovery of or value of the goods either in the State or federal courts..... 1689 LIABILITY, DATE OF OFFICIAL. The liabilities consequent upon a reappointment to an office already held, do not commence until the term commences for which such reappointment is made...... 1384 LIBELLOUS PUBLICATIONS. Any malicious publication tending to render another ridiculous, or to expose him to public contempt and hatred, is a libel; and in the case of a foreign public minister the municipal law is strengthened by the law of nations, which secures the minister a peculiar protection, not only from violence, but also from insult. Certain letters addressed to Philip Fatio, and published, concerning the King of Spain and his minister plenipotentiary here, are libellous, and the editor is indictable..... A malicious defamation of any person, and especially a magistrate, by printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt, and ridicule, is a libel........ If a foreign ambassador commit an offence in our country, it belongs to the President, not to an individual citizen, to take notice of it. LIBERIA, arms for colony.. LIGHT-HOUSE AT MOUTH OF MISSISSIPPI. 26 40 LIGHT-HOUSE SURVEYS. Secretary of the Treasury may institute survey of light-house establishment under appropriation in the act of May 16, 1842.. 1501 LIGHT-HOUSES, superintendents of.. 1649 2108 LIGHT-HOUSE AT MOUTH OF MUSKEGON RIVER.. LIMITATION. The fourth section of the act of 3d of March, 1845, providing that accounts adjusted by the accounting officers of the treasury shall not be re-opened without authority of law, and that no account shall be acted upon at the treasury unless presented within six years from the date of the claim, does not affect applications under a general law for pensions.... Pensions are gratuities, and are not claims or accounts, within the meaning of the statute, yet when these are once placed on the pension-roll they become claims to semi-annual payments, which, if not asserted within six years, cannot be audited without the authority of Congress.. 1713 1713 1713 The act does not affect claims for half-pay to officers of the Virginia State line, provided for by the act of the 5th of July, 1832.. The act of 9th July, 1789, bars the payment to representatives of moneys which have remained in the treasury to the credit of their deceased ancestor, unclaimed since 1781.... 2097 Moreover, the legal presumptions arising from the lapse of so great a period of time render it improper for the Secretary of the Treasury to pay claims of this character without special authority from Congress.. Proceedings may be taken under the 1st section of the act of 2d March, 1831, against any person who shall have cut and removed any ship-timber from lands acquired by the United States... No pre-emption claim set up by any person will justify the cutting of timber from such lands, until title to the land claimed is acknowledged by the government, or maintained by the judgment of the court... Live-oak timber cut in violation of law for the purpose of transportation is not subject to forfeiture, so as to give informers a right to a distributive portion of it-such timber being all the while, in law, the property of the United States.. 826 826 1633 The live-oak agent in East Florida is not entitled to the value of one half of the liveoak timber unlawfully cut from the public lands and seized as the property of the United States.. Timber unlawfully cut and carried from the public lands remains the property of the United States; and when seized by the public authorities, restitution will be awarded, but not forfeiture nor condemnation... 1694 Informers are only entitled to a share of the penalties and forfeitures recovered for the cutting, destroying, or removing live-oak, red cedar, &c., from the public lands, not to any part of the timber.. Collectors of customs within Mississippi, Alabama, Louisiana, and Florida, may 1694 1694 LIVE-OAK TIMBER, (continued.) Page. withhold clearances from any vessels on which there is reason to believe live-oak or red cedar, cut from the public land, is freighted. It is their duty, also, to prosecute for the violations of the law whenever violations come to their knowledge.. Pre-emptioners under the act for the armed occupation and settlement of the unsettled part of the peninsula of East Florida, approved August 4, 1842, have no right to cut live-oak or other timber for any purpose other than to clear and fence their land, until after the five years' occupation shall have enabled them to acquire a perfect title... All lands within the prescribed limits as to boundary and quantity were open to such settlement, with the single reservation contained in the third section, which prohibits any such settlement within two miles of any permanent military post of the United States, established and garrisoned at the time such settlement and residence was commenced.. Settlers have all the rights necessary to enable them to perfect their title by clearing, improving, and enclosing the land, but have no right to cut, or to have cut, valuable timber for sale or export..... Slave property cannot be held for damages. LIVINGSTON, J. R.. LOCATION OF LANDS BY ATTORNEY... LOCATION OF NEW MADRID WARRANTS.. LONE, vessel. LONG, SAMUEL....... LOSSES OF PUBLIC PROPERTY.. -- IN MILITARY SERVICE, (see Horses, &c.) LOTTERIES, (see Washington City)... LUCIUS, Brig.... LUXEN, THOMAS J.. LYTLE, WILLIAM... LOANS. 1737 1737 1738 1738 1738 1738 93 275 .347, 1202 1218 1498 1705 471 346 1967 45 Although the 13th section of the funding act of August, 1790, admits that subscriptions may be made to the loan payable in the principal and interest of certain State certificates or notes, redeemed notes cannot be used for that purpose.. 8 It is the duty of the commissioner of loans to forbear to act in cases where the holder of certificates of the funded debt, or his attorney, presents himself to receive dividends or to transfer the stock after notice, by attachment or private caveat, that an adverse claim has been filed in the office, until the law shall have settled the rights of the parties and given a proper direction to the course of his action...... 540 The certificates of the funded debt are made payable to the holder or his assignees. They are, therefore, on their face, assignable. Being properly assigned, the assignee stands in the place of the first holder. Holding a certificate, with an assignment endorsed on the paper itself, is prima facie evidence of ownership. But it is only prima facie evidence, because a valid assignment may be made on a separate paper, which will pass the legal title without the manual tradition of the certificate.. In respect to private ceveats, unless the caveators shall state the causes and grounds of them, so that they may be considered and judged of by the commissioner, they should be disregarded; so also where the causes and grounds are manifestly untenable..... 540 540 In cases of doubt, the commissioner is advised to send the parties promptly to a court of law for the settlement of their rights. 540 LOCATIONS ON THE WYANDOT LANDS. As locations of certificates must be according to sectional lines, it follows that no proper application for a location could have been made before the Wyandot land had been surveyed.. 1762 The case of Barry and Gamble, in 3d Howard, 32, is not in conflict with this advice.. .... 1762 Nor were the Wyandot lands subject to pre-emption or private entry. They were required to be offered at sale at not less than two dollars and fifty cents per MACKINAC. It would be unlawful to grant permission to John Jacob Astor to send a vessel in ballast to Michilimackinac to bring away skins and furs, that place being in possession of Great Britain. Page. 109 109 356 1795 116 1740 1075 1283 MAIL, bids for carrying. MAIL ROUTES, CONTRACTS AND TRANSPORTATION. The waters of the United States which are in law post-roads are those between ports When one of two or more contractors for transporting the United States mail shall Where proposals, in the usual form, for the transportation of the mail between cer- The acts of 3d March, 1825, and 2d July, 1836, do not authorize the payment of additional compensation to contractors for transporting the mail in cases where the time of the transit only is changed, even though additional conveyances shall be required, but where the mail is carried between the same termini no oftener, and there is no increase of expedition on the route.. 685 966 966 1257 1283 1294 1328 The act of 2d July, 1836, provides for the manner in which changes are to be made in the terms of any existing contract, other than those having reference to additional service or increase of expedition...... 1328 The Postmaster General has no power to allow foreign steam-packets to carry letters coastwise, even though he judge it expedient for them to do so... The transmission by a private express of letters, packages, &c., over mail routes, is a violation of the acts of 1825 and 1827; and the district attorney should proceed to prosecute the offenders..... It is a fraud upon the revenue for any common carrier to be the bearer of any letters, except those of his employers, whether with or without recompense; and a messenger regularly going between two points, carrying letters for a fee, is a common carrier... 1470 1575 1575 It is not competent for any stage or other vehicle which regularly performs trips on a post road, or on a road parallel to a post road, to convey letters; nor may such conveyance be made by any packet-boat or other vessel, which regularly plies on a water declared to be a post road, except in respect to the letters that may relate to the cargo, or some part thereof, transported by such packet-boat or other vessel.... 1652 1652 No person other than the Postmaster General or his agent can set up a foot or horse post on a road established by law................... The term "packets "includes newspapers, for the conveyance of which no foot or horse post can be employed..... 1652 Mail contractors have no authority to carry newspapers or pamphlets other than in MAIL ROUTES, CONTRACTS AND TRANSPORTATION the mail, except by authority of the Postmaster General, and in pursuance of a contract made for that purpose... Every person who aids and abets in the violation of the 19th section of the act of 1825, is liable to the penalty thereby incurred by the owners of stages, or persons having charge of stages, other vehicles, packet-boats, or other vessels therein described; and a person paying for the transportation of a letter by such stages, vessels, &c., is an aider and abetter within the 24th section of the act.. But the 24th section of the act of 1825 does not embrace the offences denounced by the 3d section of the act of 1827.. Page 1652 1675 1675 Where A, who was the partner of B in one contract for carrying the mail, contracted individually with the department to carry another mail on another route, and gave B and C as sureties for the performance of the same, and a portion of the contract price had been along, from time to time during the existence of the contract, paid to B without objection on the part of A, whose accounts were finally adjusted before the passage of the act of March 3, 1845, by charging to him the money paid to B; but who, being dissatisfied with such adjustment, on the 5th September, 1840, applied to the Sixth Auditor of the Treasury for payment to him of so much of his contract price as had been paid to B; and, on being refused, applied to a subsequent Postmaster General, and then to Congress, without success, and again to the Postmaster General, for allowance of his claim-DECIDED, that the account having been once settled, cannot be re-opened without authority of law...................... 1754 And it is further decided, that a claimant who appeals to Congress after an unsuccessful application at the department, must abide by his election, whether the result shall be favorable or otherwise.. The claims of mail contractors for one month's extra pay, in cases where their contracts have been annulled and the service discontinued, are to be decided by the Postmaster General or by the Auditor of the Treasury for the Post Office Department, as prescribed by the eighth section of the act of 2d July, 1836... The Postmaster General may obtain the opinion of the Attorney General on such claims, yet his decision is equally conclusive whether it shall be in accordance with or against such opinion, where one has been obtained.. 1754 2094 2094 1843 1355 404 208 1122 2127 331 2130 246 ..376, 318 531 2042 brevets in.. Marriage, so far as its validity in law is concerned, in New York is considered as a civil contract; no formal solemnization by a minister or any particular officer, being requisite..... 1156 MARSH and others, claim of.. 1232 MARSHALS. (See 54, 208, 646, 1177, 1293, 2121) MARSHALS, to respect injunctions. The district marshal of the United States should obey an injunction issued against him by the superior court of a Territory.... 1397 MARSHALS, OF U. S. Marshals are not required by law to execute the sentence of a French consul, arising under the 12th article of the convention with his Most Christian Majesty and the United States.. 20 A marshal may bring suit against a defaulting deputy, whenever the marshal has become liable to a suit on his bond to the United States by reason of the delinquency of such deputy. (7 Johnson's N. Y. Rep., p. 168.).... Marshals are liable to account to the United States for moneys paid to their deputies on execution, even though the return day of the execution may have passed. Defendants in such execution who shall have paid money on executions after the return day, are entitled to be credited at the treasury for such payments... The marshal of the district of Georgia, appointed whilst such district covered the entire State, continued in office after the State was divided, as marshal of both districts, and his bail continued liable for his acts...... 234 1017 2004 |