18. Neutrals who place their vessels under bellig- erent control, and engage them in belligerent trade
30. Where goods destined ultimately for a bellig- erent port, are being conveyed between two neu- tral ports by a neutral ship, under a charter made in good faith for that voyage, and without any fraudulent connection on the part of her owners with the ulterior destination of the goods, the ship, though liable to seizure in order to confisca- tion of the goods, is not liable to condemnation as prize. The Springbok v. U. S. 480
31. Where the cargo was shipped with intent to violate the blockade, and the owners of the cargo intended that it should be transshipped at a neu- tral port into some vessel more likely to succeed in reaching safely a blockaded port and the voyage to the blockaded port was, as to cargo, both in law and in the intent of the parties, one voyage, the liability to condemnation, if captured during any part of that voyage, attached to the cargo from the time of sailing. 480
35. Regularly, in cases of prize no evidence is admissible on the first hearing, except that which
696 40. When a ship is captured as prize of war, she and her owners are bound by the flag and pass, under which she sailed.
The William Bagaley v. U. S. 583 41. If the cargo is the property of the same own- ers, the cargo must follow the fate of the ship. Idem, 583 42. Interveners in a case of prize who are neither appellants or appellee cannot be heard.
583 43. Property captured, where appeals are allowed to the circuit court, follows the cause into that court. Idem,
583 44. A neutral vessel bound from Liverpool to Matamoras, with a cargo of general merchandise and coin, no part of which was contraband, is not the proper subject of capture.
The Dashing Wave v. U. S.
622 45. A neutral had no right to take, voluntarily, a position in the immediate presence of the block- ading fleet, from which merchandise might be so easily introduced into the blockaded region. Idem,
622 46. Under such circumstances, capturing and sending in for adjudication was fully warranted. Idem, 622
47. A proposal by one that specie should be shipped as another's property, when seven twelfths of it belonged to himself, and the circumstance that he never made claim to any part of it, except through such other, indicates that he was not a neutral, but an enemy.
53. Mortgagee is not entitled to have the amount of his mortgage paid to him out of the proceeds
66. Where the evidence showed that a vessel was purchased and sailed with intent to break the block- ade, the vessel must be condemned.
67. Where no affidavits of title or neutral owner- ship of the cargo have been put in, this neglect is an admission that they are not entitled to restitu- tion. 677 68. In a case of libel as prize of war, the burden of proving the neutral ownership of the ship and cargo is upon the claimants.
69. Where there is no proof of such ownership but the weight of the evidence is that part of the cargo was owned by a rebel enemy, and that the same rebel enemy, either alone or with another, owned the schooner, such part of the cargo and schooner must be condemned.
70. Where a case of prize presents a prima facle case of violation of municipal law, which justifies further investigation, the judgment dismissing the libel affirmed, but that part of the decree awarding restitution of the vessel and cargo reversed, with directions to allow libelant a reasonable time to file a new libel.
71. If this is not done within the time thus fixed by the court, the property to be restored by a new decree. Idem, 763 72. Neither an enemy, nor a neutral acting the part of an enemy, can demand restitution on the sole ground of capture in neutral waters. 821
73. Where there is strong evidence that the title of a vessel seized as prize was in the claimant, and the proofs relied on to disprove this evidence are incompetent, the vessel restored, but without costs. The Wren v. U. S. 876
1. Effect of a proviso to § 110 of the act of June 30, 1864, was to exclude such savings banks from the operations of the first clause of the section as had no capital stock and whose business was exclusively confined to receiving deposits and loan- ing the same for the benefit of depositors. 207
Bank for Savings v. The Collector, 2. Subsequent repeal of that proviso left the sub- stantive part of the section in full force, as if it had never been subject to any such qualification. Idem, 207
1. A state discharge in insolvency is not a bar to an action by a citizen of another state in the courts of the United States or of any other state, unless the plaintiff proved his debt against the defendant's estate in insolvency, or in some manner became a party to the proceedings.
4. The title of an act cannot be used to extend nor to restrain any positive provisions contained in the body of the act. 518 5. Repeal by implication, when the prior and the 2. Insolvent laws of one state cannot discharge later act can consistently stand together, is never the contracts of citizens of other states. admitted.
22. The legislature has no power to select par- ticular persons, or companies, or particular articles of property, to bear the exclusive burdens of taxа- tion.
23. Tax held invalid as assessed in contravention
1. A state possesses the power to authorize the taxation of the shares of national banks in the hands of stockholders, whose capital is wholly vested in stock and bonds of the United States | of the state Constitution. under the act of Congress of June 3, 1864.
614 13. Securities issued by the United States cannot be taxed by the states. Society for Saving v. Coite, 897
Idem, 24. A property tax is void where public securi- ties are included in the basis of computation. Idem,
907 25. Securities of the United States are exempt from state taxation, and such immunity extends to the capital stock of a corporation, if made up of such public funds. Idem, 907 26. State taxes imposed on the nominal capital of a bank without regard to value may be sustained. Idem, 907 27. Shares in the national banks are subject to state taxation although the whole amount of the capital stock is invested in public securities. Idem, 907
1. The test oath imposed by the Constitution of Missouri is a violation of that provision of the Con- stitution of the United States which provides that "no state shall pass any bill of attainder or post facto law."
Cummings v. Missouri, 356 2. Where a priest of the Roman Catholic Churen
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