The New York herald., 1867-02-27
UNITED STATES SUPREME COURT.

Important TO Importers and Consignees-De-
dGcti0n from Duties ON Account Of Damage
to Goods at Sea Will Not be Made After
Entry MT the Custom House-Decisions in
WASHINGTON, Feb. 20. 1857.
Paio 8 Shdson ct al, PlaiaNs In Error. cs Arthur
W. Austin Collector dc-The plaintiffs imported mo-
iasses from Matanzas Cuba, which when shipped was
sound and sweet but which when imported a. Boston
soured the sourng having taken place the voy
age The molasses entered in the usual manner at
sho full value OF the article After entry the i'm
portes asked that the damages might be appraised and
allowed in the computation of duties This was done,
but subsequently, by direction OF the Secretary OF
The allowance, and exacted and collected the whole
amount OF duties from the plaintiffs, who paid
70 recover them back. The Court below a''iS FOR
the district OF Massachusetts, held that the
soud not be allowed after entry OF the goods and
Judgment for the gov ernment. The appealed,
the plaintiffs in coniending that rnder the fifty
second section Of the act Of March l799 the damages
Mr. Justice Swayne now delivered the opinion OF the
court holding that the act Of 1923 repealed the provis
IONS Of the act OF l799 under which the plaintiffs cam
and that had II not done So the plaintiffs not
within the ten days prescribed by the act Of 1899 in
which proof or the damage must be lodged in the Gus
tom House Another objection which is conclusive
against the paiutis claim, rs that the act OF 1928
uires the damage to be before entry Of the
goods at the Custom House The plaintiffs entered their
property at the invoice prices and then insisted upon
appraisement OF the damage and corresponding
amount under protest The pro- unavailing, aud
the claim for apprasement OF damages reduction OF
duties came too ate the door OF relief being thus closed
and there being power open it but the Legislature
The right could be asserted waived The option OF
the importers and tho entry Of the goods before
tanning the damages n waiver, and there was no
power In the Executive Department OF the government
two groundsrst the requisite proof not lodged in
the Custom House within the time prescribed by tho
ACT Of 1893 and secondly, the moasses was completely
entered before the proceedings authorized by the OF
1928 were demanded and taken The Judgment below s
afnrmed
No ia Kelly and another Cross ct a.-Error TO
the Circuit Court 70 the Northern District OF Illinois.
Judgment affirmed, with costs Opinion by Justice
No l24 Townsend, ct al, VI. Greelcy.-Enor to the
Supreme Court OF California. Judgment affirmed with
costs. Opinion by Justice Field
No. $50. Panualee. appellant. vs. Sampson. Appeal
Decree affirmed. Opinion by justice Davis.
No 42I, City Of Galena the United States rel
ArmyError TO the Circuit Court for the Northern Dis
by Justice Swayna
NO 1874 Boston vs.. Forsyihe Error to same court as
Opinion by Justice Clifford
No lac. Gilman Lick wood Error to the Circuit
Court for the district Of Wisconsin Judgment reversed
by Justice Clifford
No. sSL Supervisors OF Marshall county. H., VS.
ScheIckError TO tue Circuit Court for the Northern
district OF Illinois. Judgment affirmed, with costs
Opinion by Justice Clifford.
No 1856 Purcell vs. Coleman ct aL-Appeal from the
Supreme Court for the District OF Columbia. Judgment
affirmed with cots. Opinion by Justice Grer.
No 123. The washne ton, ALEXANDRIA and Georgetown
stoam Packet Company vs. sicklss ct al Error 70
prrmc Court Of the District OF Columbia Judgment
reversed and remanded with directions to award
de Opinion by Justice Nelson
No 36e Bradley Al People OF lliinoiR-Error
Supreme OF Illinois Judgment reversed and tho
manded, with directions to enter Judgment Affirming
the decision OF the Board OF Supervisors Opinion by
Justice Nsison.
No s3S. The Pacific Insurance Company VS. soule-
Certificate Of division Circuit Court for District
Cc,umosa Cause dismissed for OF Jurisdiction.
Opinion by Chief Justice Chase
NO 346 Jones' sppelan, VS. De Tavallette and hus
band Appeal from Circuit Court for district Of Louisiana
Appeal dismissed for want Of Jurisdiction aud
manded 20 the Cir,u Court for saio district Opinion
by Chief Justice Chase
No IL Original State OF Texas vs. Childs et al Mo.
hear demurrer TO bill set for argument Mon
day in May next
No 1b2 Francis VI. United dstates-Submitted
No. l54 City of Philadelphia Diehl-Argpment
mi cad