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John Howland, Samuel Meeker, John Chadwick, and Oliver S. Halstead, Jun., Claimants of the Barque Griffin, her Tackle, etc., Appellants, v. John Greenway and George S. Dickson, Libellants U.S. 491 (1860)

handle is hein.slavery/ussccases0172 and id is 1 raw text is: DECEMBER TERM, 1859. Honvid d A v. G r mw d A. assignment to Hagan. The sale could not have been in any way subject to the judicial mortgages of the bank, .nor could it in any way affect the property purchased by the defendants. Indeed, there can be no doubt that, after the appearance of the bank in the concurso of the creditors, and its acquiescence with them in fixing the terms-for the sale of the property of the in- solvent, it must be taken as a waiver by the bank of all its rights to pursue it for the payment of its judgments against Barrett, the insolvent, and that it would look to the proceeds of its sale, as the other creditors did, for the satisfaction of their respective claims. Egerton v. Creditors, 2 Rob., 201; Saul v. Creditors, 7 N. S., 446, 447. Without pursuing the discussion further, we have concluded that the bank, when it assigned its judgments to the plaintiff, had no mortgage lien on the Whitehall planta- tion and slaves to transfer; that the language of the assign- ment, interpreted by the acknowledged acts of the bank in the insolvency, cannot mean any such transfer, and that the judg- ment and sale under the partition suit barred the bank from making such an assignment, and the plaintiff from any such claim as he has made in his bill. We direct the affirmance of the decree of the Circuit Court. JOHN HOWLAND, SAMUEL MEEKER, JOHN CHADWICK, AND OLIVER S. HALSTEAD, JUN., CLAIMANTS OF THE BARQUE GRIFFIN, HER TACKLE, &C., APPELLANTS, v. JOHN GREENWAY AND GEORGE S. DictsoN, LIBELLANTS. The regulations at the port or Rio Janeiro require the master of a foreign vessel, upon her arrival at the port, to deliver to the proper officer, upon his visit to the vessel, his passport, mai.ifest, and list of passengers. He is also required, at the end of the manifest, to make such declarations or statement for his security, by adding any packages that may be omitted or exceeded in the manifest, giving his reason for such omissions; no excuse will afterwards be admitted for any omissions or error. The regulations further declare that, when it is proved that the vessel brought more goods than are specified or contained in the manifest, and not declared by the master, such goods will be seized and divided among the seizors, the master also paying into the national treasury a fine of one-half their value, besides the customary dutics thereon.

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