The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-01
Before HCo. IN -ge Bstts.

IMPORTANT TO OWNERS OF roBFIGN yEssELs
MA8oH s1.-1he Un,trd States rs tn Bark Joseph-rhe
libel informal. charges that the vessel has become
forfeited to the United States becaus bsiny American
vessel bull. in the United States and registered il tue
Of Samuel S. Young citizen oil the United STATES
size Afterwards in the NTH OF Jurs 1882 sold and
Transferred by way Of trust copoeucs foreiga
prince Wit Don Jose Mors, tjest Of the Qdsea u
spain. and that such AM t-nnSfsr was not made
sLeyn IN he manner eecioed b. he ,sx. OF toe ussd
States contrary TO Ids Provisions OF tho sixteen seaon
Of ,he act Of Congress Of 81 1877, entlsd act
nipg the registering and rscorning Of ships and
yesssls, WHEREBY aid oy ofce o. tne wen -.svsatn
se:iicn of he said bark bscama resa % the
tie United STATS. The iihsi hereuonn prsss son
cemnatcn Of the vess.l &c The cainsut flied uis ga
sver 10 the hoei Nov l9, 49,. Admit ing that :5s
e.e when r,es.ed withiE THE dist,ss, and a.leg
g that she at tho time 81 Issuing her reg
rad since bstn he property of snc owned By
Don jose Mora and refusing 10 any other aega-
IN the libel 1t % the iheaus to the
me on Il ll,h Of ~ cem ser 1855 tse cl insn 6Isd
his plea tc the o~ that toe bark DID oecns
forfeited Ia sud oIm il rhe inf,r mston al
lgsd This Is tsntsra uns to neru demurrer, and
ents the question whether egai urse OF ioretu-s
Is mxoe upon the aIlegs ton of sn- e! Il Is nsd
6e that the libel is cetec i've In substance, in
ing ny ct ut,.d or omitted ice pat # TIE
se VIII CD would BE- . legal Of her forfeiture Zoe
Only matter CHARGED is hat sale ssd ira sfer OF this
vessei wss Let mare suowu in The aone o!ec &c oy
law wi hrut specifying what as the lev required - BE-
done what particular ao-s the catmsn tsc dciog
Cer1ain special acts constitute Cause Of forfeitu
III the Iro,itiors Of section l. if relied
art un5s If topoen nation in te-p-c 10 hI- vessel
necessary 70 charge them Ia be lc.L siessH n, as
It sst6s IS more than decuco If law; l. IS not
lie svetuent cf q fact
Nor. par .icuisrly the tel eerann- tie f.ei of
tie vsssl rrder len e. without sverriug u.e Of
she Certificate If registry ~ toregDe sss ng suy
fart whith Lder tia! secti'n wouo be cause Of f,ei
Igre
!. The Hbsi does rot that the vessel had been
sAizec waters navigate en- the ga, the high
seas and the.tn fails to make case viEnintee jaf,dc
t.un o. The Court.
g. The piece Of seizure act Of SECURE .c pre-
Tfqusli. 10 tee sse bias st The iurr c,inn q the
Court TIE Court mes into coguzanc- II revenue and
navigation cses of this class 10 sid ~ tie nue Off
snc TO complete by juogueot ef forfeiture, seizures
slresey made by them.
C. II. int ion outs to state acts made essential
t. It's Efficiency by the 20 rule OF the supreme Court la
Aonifsry.
tn the p,oo. On pa.s it is held
L. That the oelaht do no. give test ny legally af
c The vesssl that her American cet,icsts Of regis,
Wy uss1 ty oi eane or hat -hs lad been sold or
usIsfsIred 10 foreigner within the Uni ed saes or
abroad
Q. Psro precf IN II csc facts may tie competent evi
der &C. bur i. must from part!et who had power
the vessel 20 make receive sale Add transfer OF
her 20 create ard execute pnsse-on 10 trust OF the
yes el spd for he rem. fit Of a r.gner
5 al b. Ugh there is sropg groued Of suspicion that
the vessel beng used IL c-uraveD'i Of the sta
III IN utt fCr Tor the b,nef Of orstgner or the
yoysge IL question: yet adequate eyenc- % authorize
plaintiffs.
Ire libel for Dofms .on upon this sse of ihs plead.
ibgs SIC pcot- utt sceofcngi be dismissed, and de
cee 70 that effect i. cred Ba the dence discoses
probable for ,hs prosecution, certificate to
nat elect viii he entered accordingly Libel disn ssed
JURIspIcTIoN-coNsUL OF FOREIGN POWER.
Apgustine Votorino Wti,tam u. fhonpson-Tnc
qaestt in Il d.ld aud is Ehether
IN case q oeot o.ec intly by two. one Of whom is
eIe Consul siding here aca)n be sustained
sgsinsi him 81, ne In this Court.
Held by The Couft-fhat jaria lci al suits
against fciegn C.rsus i given 70 this Cou.. by
Congress- That Jtin, debt is deb. each
oolgor and IL IN way ente fns the vitality OF the
oonIsc', that II eha be emf reed equally the
tine against all par les bound to discharge It. IL
the creditor right lin tied by prncp OF gene al urls
prudence to tina. method OF rcdress That the rule
CONN "a, hat the remedy OF creditor upon
joint CONT ust b. pursue s9snss eli VII, ur.sd 10
the s2ret ment Is rule ci Pleading and pra:ce, and
not entering into tIs obligation OF tie contract.
That al OF practice pleading subordinate to
the ie9isa i've authority, and when the Legislature
horisse mode OF &C ion, remedy longer
subject TO the cusrornsry methor II not conforming 70
tee law This Curt vi not regard the doctrines or
uAgss Of common law courts mpedDg IL in the eu,-
ployment Of Eethtds Of egzistvs function, expre,sy
ctpferred by act Of Congress. That the Of ngess
having granted Jurisdiction positively u the D,.c.
Court In respect 70 Consu, may be deea1ed 20 d
with other parties necessary in proceedings against ord
ray eepn5ans, and TO tender contracts not in form
entered IL 20 by consul anotrDothsr sewers, we'll
joint egsipst the4e cicals IN regard remedy 10
this tibuna. Tha. juIis lotion this bslongs
70 this curt Ordered judgment On the cenurfe against