The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-06

the marshal the HRetonse while acting IN the scope II
erty Sold the marshal do any ae that sha expressly
imPiisdy bisd any one By ARylbd, e45. Il i
there implied warranty ssle ~ Land usds ~ the
ordinary Tor PARTITION and the purchaser Who has been
mooney back Goa he Ordinary hoagh L eth remains BIZ
hands undnta' bed.--kFans =. Drndy sPsers, ,.
In sherfs s.ie.Yatss Bond, NcCors ss2 Davis
Marrsy, Rep. Con. c., ls3; DasLoye Whistler
shsfs sale which The deesdanr Ia he execution
bad ttie the sheriff compel him by the
purchase money without havisg Fst rendered IL heas
utes.-Moore o. Akin, Hil, 3. O., 40S
A there no Implication u warranty tbs question arises
whether upon The principle which regulates the action Of
assumpsit for money had aud received the claimant
Of the United States the consideration ID has pad
L provided By the LIT section 81 tie May Z s00
received sen and possession lands delivered 10 sasac
ton o. Judgment ID shall be Au full for tse marshal Of the
district 30 expose The 20 sale Al public anction and %
execute grant thereof the highest bidder receiving
payment q The Ell purchase mnney, which grant made
shan vest ~ such purchaser all the right estate aad interest
Of the United States aad zach Lands other
Ate Although there y express statement 90 that effect
the Lands mentioned sold by marshal BY
the authority vested in him BY this act II such be the
right and nterest the United States possessed and there
fore the i like that where person another
ensaderaion therefor IT. IN such the grantee
recover 81 the the consideration lac has paid for the
this claimant has 70 recover Of the United States
IL has been repeatedly held that whsre IL paid for
BY deed be
recovered back, though the title be wholly detective unless
there be fraud the part OF the vendeGates Wins
low, Mass, e5; Wallis Wallis Mass, l35; Emerson
ashngton county, 6reen, 81 la the OF Scper
Stevens, shep 49, ii held that where note,
given in consideration Of quolaim deed Of land, and
money Be back on he eviction 81 he
by Older and better title In all such have been
cited the considered having been paid in
deraan Of the Of the the grantor has
the premises such may be- and in consideration
that the grantor will convey good title the land The
buys only what the grantor SELL and where
without FRAUD he sells only his interest," the consideration
the grantee The United States are entitled q the benefit Of
this principle and 50 far the TACT appear the petition,
for permitting the claimant to re-
than would for rendering Judgment for the
plaintiff upon similar Of facts ordinary suit 1T
law opinion it. that upon the case stated the claimant
not entitled 10 recover, and that there principle Of
Law that would authorize to order testimony TO be taken
UNITED STATES CIRCUIT CALI
Construction Of the Passenger Act Of March 3, lsSi.Ths
Cad States Napoleon Cogiasn this case Judge Nc
Alister delivered the following opinion
reference the legislation of Congress upon the subject
q the carriage OF passengers vessels and in steamers prior
10 the passing Of the act which indictment pred
ieated may aid in the coEsiInrtion Of said act
On 18th July 1885, act passed for the better
rty Of the lives OF passengers board Of steamers. (5
Laws United States s04 This required that
roneni should DC made and new license should be taken
out and al the provisions of this Law confined the
scteht Of precautionary system having FOR m object the
proper construction OF boilers and engines the employ
Of sufficient number Of engGeers and prescribing precG
lions Be observed BY while eating
them Nothing said in this about the number OF pas
sengers or the space appropriated to their use
The nex act anendstoy Of foregoing that Of soh Aa
gast 1854. flaws United States p. si) By the rsi
ou Of which enacted that license register enrol
ent shall be granted other papers issued by collector
be shs receive satscsory evidence that al The ProroGs
Of the act have been complied with The provisions Of this
cautions in relation fire. the transportation Of certain dsn
Eeroas commodities rues 70 be deserved to safety
pumps, and other details WITH the exception Of
fyD
and which vii be noticed In detail
The sixth section that every vessel carrying pasen
fx deck shall Be provided With sufficient
means convenient sHeh passenger, or their escape the
upper deck in Of re other accident endsngeng life
for the inspection Of steamers and provides in pNrcuar
manner for the appointment Of inspectors II ensets that
upon the application in writing By the master there
EhA be yearly inspection steamers Fhg prssngsrs
and the duties OF such Inspectors specified Among those
duties Z the giving certificate, the form 81 which pre-
scrbed which must contsn soong other thngs the
rambler o. stsrooms, the numbsr Of bsrths therein the
aumbsr Of ether permanent berbs for cabin passenger the
number of beihs for deck other classes u passenger
the nuuber Of passengers Of each class for which BE has
- - - T--s - - - n - - -. go
Atlantic or the Pacific distance Of 900 miles pvards
ne number o. each she = permitted 70 carry and IN case Of
steamer sal ing b another port distance Of 500 miles
aPwsrd the Eamher q deek passenger abe Perated 20
carry.
The 10th section that where the number Of pHsssn
gers ited bs above inspectors cercste esces
hat number shall be carried and carried the
owner o. the vessel shall be Liable to suing Cor the
forfeit the passage money and dollars each
passenger beyond the number allowed.
The last and emily rer5Aning section Of the act which relates
the number passengers Is the 35h which requires the
master keep record Of the pEengsrs be open the
inspection Of The officers Of the customs and inCts penalty
for not keeping such record Which penalty, with that nGci
ed for excess Of passenger u maze lea The vessel The
position in which Of steamer placed under
foregoing aws this He bond have yearly in
specon made q bic vessel By the proper uncouary stating
and carriage beyond the number certified shhitsd,
and penalty was given 10 any person who might
for IT,
IL Is important nov IN turn 10 the Regulation Of Courrrs,
n spsee Be soved. No part Of the eCaiisn
applicable soey 70 steamers has far have seen
prescribed the 10 be allowed 10 each ps.enrer.
The hrs set the subject that Of "a March isls
q Laws U. 8, tss.) BY 1t vessel could transport
greater uumber q passengers than for every Eve
according 70 custom houss But this Law
passengsrressc and the freight svays frst taken
H. became the practice get All the freight you could
and then crowd In ali The pAsengers Asrward ship fever
and death the Consequence hundreds Of the victims
% ths imposition until the humanity Of the nation vas
aroused and APPLIED loudly Congress- ADD the appeal
answered By TIE act q 27d February ls47 This
coutsud The limitation q two persons Eve tons pre-
scbed By the act ~ lsa but the psenEr
caring the af the ship allow bin
tain n superficial feet Tor recommendation Of hnscf
and personal baggage. IN The belief thri proper enforce
Congress in The year lsts repealed that portion Of the act
Of 1873 which limited the proportion Of passengers be
ried IN The ratio q two 70 every FIRE tons.
Bat the cupdity which kad the fsntary opera
tion az The set o lsis sunted By increase
which took place subsequently fst sssded the provisions
the act passed IN thai year. and sgAn the Humanity n
ment predrated passed. % Stat Y. s., i17l An
snaYsis Of the act 81 s47 and that Of u show
Pvrtant difference between them. The former
that the spsoe appropriated 70 passengers upooeuped By
those passengers the lower deck or platform should b.
passenger for every fourteen clear superficial feet Il