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Emily and The Caroline, Broadfoot, Claimant, The U.S. 381 (1824)

handle is hein.slavery/ussccases0071 and id is 1 raw text is: OF THE UNITED STATi'S:

1824.
The Emily
[INSTANCE COURT. SLAVE TRADE ACTS.]                  and the
Caroline.
The EmILY and The CAROLINE, BROADFOOT,
Claimant.
A libel of information does not require all the technical precision o
an indictment at common law. If the allegations describe the
offence, it is all that is necessary; and if founded upon a statute,
it is sufficient if it pursues the words of the law.
An information, under the Slave Trade Act of 1794, c. 187. rxi.1
s. 1., which describes, in one count, the two distinct acts of pre-
paring a vessel and of causing her to sail, pursuing the words of
the.law is sufficient.
Stating a charge in the alternative, is good, if each alternative con-
stitutes an offence for which the thing is forfeited.
Under the above act, it is not necessary, in order to incur the forfeit-
ure, that the vessel shoali be completely fitted and ready for sea.
As soon as the preparations have proceeded so far, as clearly to
manifest the intention, the right of seizure attaches.
APPEAL from the Circuit Court of South Ca-
rolina.
In each of these two cases, a libel of informa-
tion was filed in the District Court of South Ca-
rolina, against the ship Emily and the brig Caro-
line, under the 1st section of the act of the 22d
of March, 1794, c. 187. [xi.] prohibiting the car-
rying on the slave trade, from the United States to
any foreign place or country; and on the 2d sec-
tion of the act of the 2d of March, 1807, c. 77.
[Ixvii.] to prohibit the importation of slaves inio
the United States, after the Ist day of January,
1808. Each libel contained three counts, two
upon the act of 1794, and ofie upon that of 1807.

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