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in it: besides, this opinion being that of an individual cannot, however respectable may be its author, balance the formal declaration given in the name of his majesty himself; and that if the communication of this opinion had encouraged and served as a basis, as is alleged, to many American expeditions and particularly to the one in question, this circumstance which might call for the indulgence of his majesty, in a case where the confiscation goes entirely to the benefit of the state, does not release the council from the strict obligation of pronouncing in conformity to the decree of the 21st November and to the declaration which has followed it. That as it regards the expense of maintaining the crew, and of the salvage, they ought according to the general rule to be borne by the proprietors, proportionably to the restitution which will be made to them; but as it is certain on the one hand that the men belonging to the ship have been retained under the authority of the government, and on the other that at the time of the shipwreck a considerable pillage was committed, in consequence of which there has been instituted a criminal prosecution the result of which, it is extremely probable, will not completely indemnify the proprietors for the loss they sustained of merchandize not liable to seizure, and as this circumstance is of a nature to exempt them from all contribution other than that of the sale, the council releases the American ship the Horizon stranded on the 30th June last near Morlaix, and in consequence orders that the proceeds of the sale legally made of the wreck of the said ship together with the merchandize of the cargo, which, after an examination made in the presence of the agents of the administrators of the marine and of the customhouse, shall be known not to have come either from the English manufactories or the territories of England, shall be restored to captain M'Clure without a deduction of other expenses than those relating to the sale. And with respect to the other merchandize of the cargo which from the result of the said examination shall be known to have come from the English manufactories or territory, these it has confiscated for the profit of the state, by virtue of the 5th article of the de

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cree of the 21st November 1806; the whole to be sold under the forms prescribed by law, and the application of the proceeds to be made in conformity to the dispositions of the said decree, a deduction being made of all the costs of salvage and of those of maintaining the crew to the time when a notification shall be made to the captain of the present decision.

Done at the imperial council of prizes, sitting at Paris, this
16th of October 1807.
(Signed)

BERLIER, President.
LA COSTE, Reporter.

COUNCIL OF STATE.

Napoleon, emperor of the French, king of Italy and protector of the confederation of the Rhine.

Upon the report of our commission of controversies.

Having seen the plea set up by Mr. Alexander M'Glure an American captain and proprietor of the ship Horizon and of the cargo on board, in the council of prizes of the 16th of last October, tending to annul the said decision, as to that part of the merchandize which is recognized as the growth or manufacture of the British isles;

The memoir produced in support of the plea;

The decision of the said council of the 18th September; and

The advice of our commission of controversies:

Considering that the spirit and letter of the imperial decree of the 21st of November, 1806, ordain without distinction and in an unqualified manner the confiscation of all goods the produce of the soil or manufactures of Great Britain, and that in applying it in this sense to the cargo of the American ship Horizon, our imperial council has conformed to the provisions of the said decree:

Our council of state being heard;

We have decreed, and do decree as follows:

The plea of the American captain, Alexander McClure, against the decision of our imperial council of prizes of the 16th of October, 1807, is rejected.

Approved, in our palace of the Thuilleries, the 19th of

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An abstract of the Attachment Law of South Carolina.

THIS

ENACTED MAY 29, 1744.

HIS act is not agreeable to common law rules, but is in toto, bottomed on the principles of the civil law, ** see Clerk's Practice of the ecclesiastical and admiralty courts from page 45 to 58 inclusive. Clerk's Practice 45.

An act for the better securing the payment and more easy recovery of debts, due from any person or persons inhabiting,

[* The editor apprehends that his correspondent is under a mistake, in deriving the law of attachments from the civil law. According to Huberus, de vocando in jus, it is a remedy not warranted by the civil law. That the principle upon which these laws are founded was not unknown to that venerable code we may learn from one of the maxims of Justinian: debitor creditoris est debitor creditori creditoris; but it is believed that no instance of such a mode of proceeding can be found in the books of the civilians.

The writer has probably been misled by the book which he cites I have not a copy of Clerk's Practice in the ecclesiastical and admiralty which is cited above, but from his Praxis supreme curiæ admiralitatis, it appears that attachments were formerly regarded as within the jurisdiction of the courts of admiralty; now, however, as we find by Brown's civil law, the practice is discontinued. This subject shall be treated more at large in a future number.]

residing or being beyond the seas, or elsewhere without the limits of this state, by attaching the monies, goods, chattels, debts and books of account of such person or persons, if any he, she or they shall have within this province, and to empower and enable a feme covert to sue for and recover such debts as shall be contracted with her as a sole trader, and to subject such feme covert to be arrested and sued, for any debts contracted by her as a sole trader.

Any person may sue out writs of attachment against any other out of the limits of the state.

The person first suing out the attachment is to be preferred Clerk's Practice 65.

Attaching any part of the goods &c. makes the whole liable for plaintiff's debt.

Provost marshal to summon the person in whose hands the goods of the absent debtor are, by leaving a copy of the writ with notice to appear &c.

If no person be present at the time of attaching goods by provost marshal copy of writs to be fixed up at prison door and notice to be given in the gazette.

Persons summoned to make returns on oath, at the return of writ, but corporate bodies make return under their corporate seal, vid post, Callahan v. Hallowell, or at farthest during the sitting of court of common pleas next after.

And in case of not appearing and discovering on oath, judgment to be given by default and execution to issue.

In case goods and chattels be seized and taken into custody by provost marshal, and no person appears to claim, at return of writ, the same to be adjudged property of the absent debtor.

But if claimants shall appear at the return and lay claim and upon oath deny they are the property of absent debtor &c. their attachment to be dissolved.

But if plaintiff do not rest satisfied with claimants' oath he is put to plead the same and the matter is tried by jury.

Plaintiff suing out attachment to declare in two months unless good cause shown for further time &c.

And to serve copy of declaration on absent debtor's wife or attorney with rule to plead &c. if any be in the state.

But if absent debtor hath no wife nor attorney in the state, then notice to be published once every month for twelve months before final and absolute judgment.

Goods, chattels &c. on filing declaration to be delivered over to plaintiff, being first inventoried and appraised and recognizance entered into in double the sum to prosecute suit; and that the sum shall be forthcoming in case defendant appears and disproves debts &c.

Plaintiff to sue for and recover notes, bonds &c. assigned over in the name of absent debtor.

Plaintiff on filing declaration to swear to his debt that no part has been paid, and that he does not in any manner stand indebted to defendant.

Persons in whose hands goods &c. are attached, allowed to retain in the first place for their debts &c. but it is necessary that they forthwith file their declaration as if they were plaintiffs in the attachment.

Senior associate justice, or either of the associate justices may grant order for selling property attached &c. Provost marshal to give twenty days' notice of sale &c.

Absent debtor or his attorney at any time within a year and day may dissolve attachment on filing special bail &c. In which case goods &c. to be delivered over to him &c.

If absent debtor, at any time within two years, disprove the demand set up by plaintiff, he shall recover all damages and treble costs of suit, &c.

If any person who is about to leave the state give one month's previous notice of his intention no attachment will lie against him.

Femes covert being sole traders liable to be sued and arrested for debts contracted by them as such, and may sue for and recover debts &c.

N. B. All persons concealing themselves in this state so that no process can be served on them, to be proceeded against

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