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Josefa Segunda. Roberts and others, Claimants, The U.S. 312 (1825)

handle is hein.slavery/ussccases0158 and id is 1 raw text is: 312 CASES IN THE SUPREME COURT 1825. The Josefa Segunda. [SL4VE TRADE ACTS. 1NsTAtNCE COURT.J The JOSEFA SEGUNDA.. ROBERTS and others, Claimants. The District Courts have jurisdiction, under the Slave Trade; Acts, to determine who are the actual captors, under a State law maile in pursuance of the 4th section of the Slave Trade Act of 1807, c. 77. and directing the proceeds of the sale of the negroes to bb paid, one moiety for the use of; the commanding officer of the. capturing vessel, Uc. In order to constitute a valid seizure, so as to entitle the party to the proceeds of a forfeiture, there must be an open, visible possession claimed, and authority exercised, under the seizure. A -seizure, once voluntarily abandoned, loses its validity. A seizure, hot followed by an actual prosecution, or by a claim, in the District Court, before a. hearing on the merits, insisting on-the benefit-of the seizure, becomes a nullity. Under the 7th section of the Slave Trade Act of 1807, c. 77. *the entire proceed$ of the vessel are forfeited to the use of the U'ited States, unless the seizure be made by armed vessels of the navy; .or by revenue cutters, in which case distribution is to be made ii the same manner as prize.i taken from the enemy. Under the act of the State of Louisiana of the 13th of March, 1818, passed to carry into effeQt the 4th section of the Slave Trade Act of Congress of 1807, c. 77. and directing the negroes imported contrary to the act to be sold, and the proceeds to be paid, one moiety for the use of the commanding officer of the capturing.ves- sel, and the other moiety to the Treasurer of the Charity Hospital of New-Orleans, for the use and benefit of the said hospital ; no other person is entitled to the first moiety than the commanding officer of the armed vessels of the navy, or revenue cutter, who may have made the seizure, under the 7th section of the act of Con- grcss. APPEAL firom the Circuit Court of Loui- siana.

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