The national Republican., 1867-11-21
THE COURTS,

CRIuISAL CoURr - December Ium = JnTOrs
Drdpn.-The registering oficiAls Of Washington,
GeOrgetown, and the county, held Joint meeting 81
tn. following grand aud petit jorOrs for the Deem
Der term OF the Criminal Court:
orspd Jurors-williAm BmmeIson, Sixth ward
Reubsn Daw, John Fowler, b. p. Nichols, James
Chick Charles Trunnell, John Davidson, Franklin
Thomas, 0eorgetowni william II. Brawner, Charles
3; Bailey, =, DOnn,san, Fourth ward Henry Cock
N. Jarboe, teventh ward; O. o. Hare, county X,
sadell, Third ward; George MeClslland, Henderson
ySwsr f'mh ward Wiha% nI,. Ssan sih u s. ward; o.
nor, isnHsi ': Rurdl., finuSd H.nisy. Peter A
1ash, & L Browning, John J, MeCOllum, Third ward
II. G. Hepburn, James Carter, Rdwin .. Holmes, sN'
| enth ward; Ksssiker, Chas. y Lehloa Z. B. White
ward William II. NARROW, Fifth ward II. I. Walker
William Richham, John 4 Coz, Georgetown; Will
liam II. Chase. Charles T. VOlland, Taswell b. Amos
| second wAri Thomas summeryllle Sixth ward.
EQUIrI CoURr-SPKcIAL TkRH-Jadgs Wy
h-1hs court opened Its session yesterday and tool
| up the following cases:
lOsG. Parker vs. Bladttlsr. An application on tn,
part Of the plalnH prior ineumbranesr. to restrain
| The defendant from selling certain leSsehold snt
| personal estate under q subsequent ineunbranee,
The prayer for an Djunetion was refused some day
since, bat Judge wylis granted a TehsAring ysstsr
day. NJ. J. sanold aud n II. Miller for plaintG, Aut
MIttirgly and Philips for defendants:
The c4ie turned upon the fact that the prior ineu
brancs which eonLtitutsd ,Parkins' lien, sthoug q
admitted to record, was not sufficiently stamped.
| Mr. BaHJld, in a mAsterly reyisw Of the tAss
arising nndsr both English and American sstamI
acts, argued ls that the question whether the dec
was or not insunheiently stamped was question
which e,uld only be decided BY the court and ths
until that question was decided iudicialy the hTs
iueumbTancs was entitled to have Its record con
Sidersd as constructive notice to all parties seekin
| lisns upon the incumbsTed property; ID, that tn
penalties Of the stamp law made 1t, TO that extent
penal statute to bs construed strictly, and that .
construed, Its provisions did not have the force
render void the deed In question Sd, that, As th
hsamp law allowed instruuents insuhhelentl
sAmPed to DO TestAmped by the collector upon props
application, such instruments were void only Iu
m0do, and In The interval between the amKlng G
The insufficient stamp and the restAmping by III
collector might be considered constituting sue
equitable and public lien as to put all parties upo
| ths iBqniTy as TO hts rights.
Asstra. Philips and MAttinRly held that the Ia,
was lain. No improperly stamped Instrument hA
Aoy suHdi JurfS at ali In either law eqaity COURT
bat wIs absolutely void, and any record thereof
null ty,
Judge wylis said t1At at the former hearing hi
OpiaOn had been settled, and the only effect Of th
rehpArlng had been to streBg gthsn his former Judg
meat. The stamp law hxsd certain number
stamps as precedent condition 10 the validity Of IL
gAl Instruments. This Instrument scksd them, an
was, therefore, iayalid. IL was true that a subss
, qusnt section Of the came law which hxei the nun
ber Of stamps provided that the collector nigh as
the execution " the iIstrumspt, Atux the Props