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or necessary legal presumption, that she entered fairly at the same time
on the commencement and prosecution of both voyages. (Buck & Spof-
ford et al. vs. The United States)

The engagement of a return cargo by the agent of a company chartering a
steamship, the company to receive a commission from the freight-
money, does not establish such privity of contract between the owners of
the vessel and the agent as will enable the former to recover the freight-
money, the vessel having been destroyed before reaching the port where
the freight was to be taken. (Taylor et al. vs. The United States.)
See Measure of damage.
Commonwealth, the, 18-88.

Gannett, administratrix, vs. The United States
Geohegan vs. The United States

Page.

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21

20, 42, 126
12

General average.

See Bond, ransom.

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Insurance companies and insurers cannot recover in this court unless they
show two things: first, that they suffered damage or paid losses by rea-
son of destruction of property by the confederate cruisers Alabama,
Florida, and the Shenandoah after she left Melbourne; and, second, that
their business in insuring against war risks during the rebellion caused
them a net loss; both of which being proved, they may recover a sum
equal to the amount of such net loss in their business if their losses by
said cruisers amounted to the aggregate of such loss, but in no case
greater than the amount of the net loss on such war-risk business. In
determining such net loss, the amounts paid and received for re-insurance
are to be taken into consideration. (Commercial Mutual Marine and
other insurance companies vs. The United States)...
Insurance companies

See Insurers.

Interpleader court has no power to compel between different claimants.
See Title, conflict of.

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McLeane, administratrix, vs. The United States
Martaban, the:

The simulated transfer of a ship by American owners to a British subject,
and the hoisting the British flag over said ship, when understood and
intended by both parties to be done merely as a cover to prevent cap-

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ture, and for the purpose of misleading and escaping a confederate
cruiser, during the late civil war, was not such a conveyance as divested
the title of the owners. Such pretended transfer was null and void, as
against the right of the owners to sue for compensation before this
court; and the ship having been destroyed by a confederate cruiser, her
original owners are not deprived of the protection of the United States
in the premises, and the consequent right to sue for relief before this
court.

If the transfer of the ship had been valid and binding, the mortgage of the
ship to the vendors, (the original owners,) with absolute control and
authority over her, invested such mortgagees in possession, with the
rights and privileges of the mortgagors-preserved to them the protec-
tion of the United States in the premises, and secures to them their
status as complainants before this court.

The forfeiture of a vessel to the United States, as provided for in the act
of Congress of 1792, (Sec. 4171 Rev. Stats.,) attaches not to the act of
change of name and flag and sale to a foreigner, but it is the failure to
report the same to the collector of the proper collection district, and to
obtain a new American register, that works the forfeiture. Therefore,
where a vessel in such case is destroyed before she can possibly return
to such district, the owners do not in consequence lose any of their rights
to redress, or forfeit the protection of the United States. (Pike, admin-
istratrix, et al., vs. The United States)

Cargo of the. See Aliens. (Schreiber et al. vs. The United States.)
Mary, the..

Matthews vs. The United States....

Measure of damage:

The measure of damage for goods destroyed by the confederate cruisers is
the value of the goods at the place and time of shipment, with charges,
and marine insurance actually paid, with interest on the aggregate so
produced from the time of shipment till the date of destruction at 6 per
cent.

The measure of damage for loss of freight, in cases when freight has begun
to be earned is the net freight, which is to be found by deducting from
the gross freight the expenses of completing the voyage, and of discharg-
ing the cargo at the port of destination, including all inward port charges
and disbursements, with a further deduction of a proper sum for the de-
preciation of the vessel while performing the remainder of her voyage,
and of interest on the valuation of the vessel from the date of her de-
struction to the time of her probable arrival if the voyage had not been
interrupted.

In fixing the value of goods purchased with coin or currency other than
the legal-tender currency of the United States, the value of coin in cur-
rency at the date of purchase will be taken, when payment was actually
made in coin at that time; where payment was actually so made at a
subsequent time, the value of coin at that time will be taken, if the pay-
ment was made according to the usual course of trade. If not made ac-
cording to the usual course of trade, the value of coin will be computed
at the lowest rate, whether at the time of purchase or at the time when
payment would have been made in the usual course of business, or when
the payment was actually made. (Hubbell et. al. vs. The United States).
See Bonded vessels.

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Milo, the.

Mitchell, R. W. C.:

Short-hand reporter
Services of.

Montgomery vs. The United States

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Mortgage, fictitious, to vendors to

prevent destruction of vessel.
See Martaban.

Mortgagee in possession, right of, to recover.

See Martaban.

Mutual Marine Insurance Company vs. The United States

Naturalization:

Declaration of intention previous to passage of section 2174 of Revised
Statutes. (Hutchinson vs. The United States)

S. Ex. 21——11

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16

Naturalization:

Of British subject after loss. (Lord & Munn vs. The United States)
In Great Britain or its colonies.

Navy, officer of..........

See Aliens.

The private property of an officer of the Navy which was destroyed on a
Government vessel by the insurgent cruiser Alabama may be made the
subject of a claim in this court under the act of Congress of 23d of June,
1874. (Butman et al. vs. The United States).

Nav y, Secretary of, vs. The United States:

An award to the Navy Department would be an award to the Government,
which already has complete ownership of the money paid by Great
Britain under the award of the Tribunal of Arbitration, and now remain-
ing in the Treasury.

Congress did not intend to give this court power to adjudicate upon the
rights of the Government with regard to this fund.
Net freight...

Nile, the...

Nora, the

See Freight.

Measure of damage.

North America, Insurance Company of, vs. The United States
Ocean Mutual Marine Insurance Company vs. The United States.
O'Conor, Arthur, services of....

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Perjury

Outfits, value of. See Measure of damage, (opinion, page 64.)
Pardon :

A claimant in this court is required to set forth in his petition that during
the late rebellion he bore true allegiance to the United States.

It is not sufficient to aver that for any offenses committed by him during
the rebellion he received a pardon from the President of the United
States. (Rhind, executor, vs. The United States)

Parker vs. The United States.

See True allegiance.

Partners, one partner entitled to recover his proportion, the other being a
British subject. (Lord & Munn vs. The United States)

Person, injuries to.

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122

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Under the act of Congress creating this tribunal, it can entertain jurisdic-
tion of claims for the loss of property only. It has no jurisdiction to
hear, determine, and allow claims for damages for injuries to the person.
(Williams et al. vs. The United States).

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Proclamation of, extending the duration of the Court of Commissioners of
Alabama Claims.

137

Prisoners, passage-money allowed for bringing home. See the Justina.
Prospective profits, freight-gains, or advantages

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Nora, the, increased value by vicinity to a point where vessels were in
demand...

Alert, the, probable catch of sea-elephants

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Fisler vs. The United States, prospective profits on contract.

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Page.

Provisions, value of.

See Measure of damage, (page 65 of opinion.)
Rayner, Kenneth, nomination of, as judge
Rehearing, practice of the court on motion for..
Re-insurance.

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25, 126

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153

See Martaban.

105, 122

Seamen, wages and expenses of .

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See Catch.

Bonded vessels.

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Revised Statutes, section 4171. See Martaban.
An act for the creation of a court for the adjudication and disposition of
certain moneys received into the Treasury under an award made by the
Tribunal of Arbitration, constituted by virtue of the first article of the
treaty concluded at Washington the eighth of May, anno Domini eight-
een hundred and seventy-one, between the United States of America
and the Queen of Great Britain, (approved June 23, 1874).
An act to extend the duration of the Court of Commissioners of Alabama
Claims, (approved December 24, 1875).

133

138

An act providing for the payment of judgments rendered under section 11
of chapter 459 of the laws of the first session of the Forty-third Con-
gress, (approved February 15, 1876)

139

An act to extend the time for claimants, under section 11 of chapter 459 of
the laws of the Forty-third Congress, to prove their claims, (approved
March 6, 1876)

139

An act to enable the Secretary of the Treasury to pay judgments provided
for in an act approved February 15, 1876, entitled, &c., (approved April
11, 1876).......

139

An act to extend the duration of the Court of Commissioners of Alabama
Claims

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This court has power to decide conclusively upon the amount and valid-
ity of claims, but not upon the conflicting rights of parties to the sums
awarded.

This court cannot compel parties making conflicting claims to interplead,
but in all such cases fixes the amount due from the United States, and
awards payment thereof to the party having the better prima-facie
right, but without prejudice to the right of other parties to contest the
question of title to the amount awarded before other appropriate tribu-
nals. (McLeane, administratrix, and Taylor vs. The United States)....
Transfer, simulated, of a vessel to prevent destruction. See Martaban.
Treaty between the United States and Great Britain, (concluded May 8, 1871)
Tribunal of Arbitration, award of....

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True allegiance
The act of Congress of 23d June, 1874, provides that no claim shall be
admissible or allowed by this court "arising in favor of any person who
did not at all times during the late rebellion bear true allegiance to the
United States :" Held, That this requirement was in the nature of a con-
dition precedent, and that a claimant, in order to entitle himself to the
benefit of the act, must make the averment in his petition of his "true
allegiance" during the period specified, and prove the same.
ment which states in substance that the claimant was not guilty of the
crime of treason, as defined by the Constitution, is not sufficient.
In a case in which the testimony suggests no doubt on such a point, the
claimant's own statement, under oath, will be regarded as sufficient to
establish for him a prima-facie case of true allegiance. (Williams vs. The
United States)

Unearned freights.

United States:

Claims of ...

See Pardon.
Aliens.

See Freight.

Measure of damage.

See Navy, Secretary of, vs. the United States.
Ownership of money awarded by the Tribunal of Arbiitraton....

Upton et al. vs. The United States

Vessel, value of. See Measure of damage, (page 64 of opinion.)
War-premium cases dismissed

War risks. See Insurers.

Washington, treaty of

Wells, Hezekiah G., nomination of, as judge

Whiting vs. The United States

Williams vs. The United States.

Winged Racer, the

Worth vs. The United States

Rules of the Court of Commissioners of Alabama Claims

Act for the creation of a court, &c

Proclamation of the President..

Treaty between the United States and Great Britain

Award of the Tribunal of Arbitration

Rules for taking testimony

An aver-

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Extracts from the record of the Court of Commissioners of Alabama Claims..
Mr. Fish to Mr. Davis

ERRATA.

Pages 23, 24, and 25, for post read infra.

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