Open main menu

Page:United States Reports, Volume 2.djvu/25

This page needs to be proofread.


Froaur. Coun or Annu. rg nentra° , and therefore tlnepropertyonbosrdaneutralveliel rytr. * oughtiig to be prote&ed." _ · _ age`} l The ordinance of Congrefs makes no exception of Great Qu- j rain; forit l`ays,you{hallnotl`eizeorcaptureelieé}sbelongbg ; tothebelligerentpowersonboardofneu¤slveii`e|a. Great _ I rain isherebeyond adoubtcomprehended 5 for lhe was a belli- gerent power when the ordinance pallbd. _ But it is f..id this ordinance of0ongrei'sis obligatory-only OI commanders of velfels, but notin the Courts_of and Appeal. We cannotdtink thatthis objedcron was fernonlly made. . l Uponthe whole,we_ areof opinion thatthe decreebelowwith re- gardto theihip,b¢coniirmed;andwith regardtothe ca that it bereverl'ed,and the cargo be charged with thell:ipulatcdr2ight.

D8C¢M5€f Seiiion, I 7 8 I . -—1—- ' Mrunn, Libellant and . _ Appellant, ver:u.r Ship Rl;s;)1;u;1:1°N’Rgc° . ' Cargo o ' - ` The Snm’ wm E sourrrou, 8rc. P N motion of W`ry'm, for the Appellants, a rule had been O granted in September Seliion lalt, to lhew caufe, why there ihould notbe a rehearing in thefe Appeals : tit, becaufe the decree haderred in fa&; and 2d. beeaufetlterehadbeen adifco· very of material teitimony iince it was pronounced : And, it was argued on the 26th December, 178t, by Merrie, in fupport of the - rule, and by Sevjeant and HGleoeL:, in oppolition to it. In fupport of the rule, it was {aid, that the re-hearing ought to beallowed, on the principle that bumamem gf errare ; and by analogy to the praftice of the Court of Chancery, founded on that principle. It is true, that the intereil: of the community re- · quires, that there {hould be an end to controverlies ; but this inuil be attended to, conlillently with doing `uliice. A re-hearing of theChancellor's decree feems, indeed, toliea matter of courfe, on application, for that purpofe, by any two Counfel of refpe€ta- ble chara€ter. Ba. Cur. Cem. 24o. 243. 364. 385. 4o5.— The petition for a re-hearing was Bled, as foon as infomation of thedccree wasreceived z Thge has, therefore, been nolaches I _ 2 lh