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INDEX.

4. There is some doubt whether a Cir-
cuit Court has jurisdiction of the
offences named in the 7th section of
the Act of 1850, as that Act in terms
limits cognizance of those offences to
the District Court.
id.
5. It may be a question whether the
provision of the 11th section of the
Judiciary Act of September 24th,
1789, (1 U. S. Stat. at Large, 78,)
conferring on the Circuit Court con-
current jurisdiction with the District
Court of all crimes and offences cog-
nizable therein, applies to jurisdiction
subsequently conferred on the Dis-
trict Court in as specific terms as that
conferred by the Act of 1850. id.
6. The provision of the 2d section of
the Act of August 8th, 1846, (9 U.
S. Stat. at Large, 72,) by which the
District Court is authorized to remit
to the Circuit Court any indictment
pending in the District Court, no
doubt embraces the cases specified
in the 7th section of the Act of 1850.
id.
7. The consequences of forcible resist-
ance and obstruction to the execution
of the Act of 1850, considered. id.

G

GRAND JURORS.
See GRAND JURY.

GRAND JURY.

1. The Judiciary Act of September
24th, 1789, (1 U. S. Stat. at Large,
88, § 29,) the Act of May 13th, 1800,
(2 Id. 82,) and the Act of July 20th,
1840, (5 Id. 394,) adopt the State
regulations respecting the procure-
ment of grand and petit jurors to
serve in the Federal Courts, and ap-
ply to those Courts the State regula-
tions respecting the qualifications
and the exemptions of grand and
petit jurors. The United States v.
Reed,

435

2. A challenge to a grand juror for fa-
vor, on the ground that he is the
prosecutor or complainant upon a
charge, or that he is a witness on the

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7. Challenges to the array of grand
jurors are abolished by the laws of
New York, and are consequently
also abolished in the Federal Courts
in New York.
id.

8. But still, where there has been any
improper conduct on the part of the
officers employed in designating,
summoning and returning the grand
jury, an accused person who is pre-
judiced thereby has his remedy by
motion to the Court for relief. id.

9. All objections, however, to the pro-
ceedings in the selection and sum-
moning of grand jurors, over and be-
yond the right of challenge, are pre-
sented to the Court for the exercise
of its sound discretion, and, although
there may be technical irregularities,
it will not interpose, unless satisfied
that the accused party is prejudiced
by them.

id.

10. Under the Act of August 8th, 1846,
(9 U. S. Stat. at Large, 73, § 3,) pro-
viding that no grand jury shall be
summoned in the Federal Courts ex-
cept upon an order for a venire, to
be made by a Judge, a venire should
be issued by the clerk of the Court,
in pursuance of the order.
id..

11. A verbal order given by a Judge

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15. By the law of New York, (2 R. S.
724, § 27, 28,) persons "held to
answer," that is, arrested and held
to bail to appear at the term of the
Court at which the grand jury at-
tends, to answer such complaints as
may be presented against them, are
the only persons who can challenge
either the array of grand jurors, or
the individual grand jurors for favor.
id.

.16. Where a party appeals to the
sound discretion of the Court to set
aside an indictment for irregularities
in drawing or summoning the grand
jury, he must implicate the good faith
of the officers concerned in discharg-
ing those duties.

id.

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19. The Court has no power to inquire
into the mode in which the examina-
tion of witnesses was conducted be-
fore the grand jury, for the purpose
of invalidating an indictment. id.

20. It will inquire, however, into the
manner of swearing the witnesses,
when they are sworn in open Court,
and into the competency of the evi-
dence, whether oral or documentary,
and into the manner of authenticat-
ing the latter species of evidence. id.
21. Where witnesses before a grand
jury are testifying in regard to facts
about which they have previously
made ex parte affidavits, it is not
improper for them to consult those
affidavits, to refresh their recollec-
tion; nor is there any objection to
their swearing that certain facts, of
which they have previously made
statements on paper, are true.

id.

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23. On a criminal charge against sev-
eral persons, for a participation in
the rescue of a person from the hands
of a public officer who held him in
custody, the witnesses who were to
testify before the grand jury were
sworn in open Court in the following
manner: The clerk of the Court was
furnished with a general description
of the persons accused-The United
States v. M. S. and others-and then
administered to the witnesses this
oath: You, and each of you, do
severally solemnly swear, that the
evidence you shall give to the grand
inquest touching charges against M.
S., and others, concerning which
you shall be interrogated, shall be
the truth, the whole truth, and noth-
ing but the truth. So help you
God." Upon the testimony given
under this oath, twenty-four bills of
indictment were found against
twenty-four different persons, one
against each. No indictment was
found against "M. S. and others,"
nor was any indictment found against
any two persons jointly. On a mo-
tion by E. R., the defendant in one
of the indictments, to quash it, on

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2. But this Court, in executing a juris-
diction vested in it, may, in a case
of which it has cognizance, act upon
parties who are suitors in a State
Court in relation to the same subject-
matter, so far at least as to compel
their submission to such judgment as
this Court may render in the case. id.

3. Where funds were deposited in a
bank, and afterward S., claiming
the funds as his property, commenced
a suit for their recovery in a State
Court against the bank and Y., the
depositor of the funds, and, while
that suit was pending, Y. commenced
two suits in this Court against the
bank, to recover the funds and dam-
ages for their detention, the bank
having no interest in the funds:
Held, on a bill filed in this Court by
the bank against S. and Y., that
although this Court would not de-
cree an interpleader in the case, or
enjoin the suit in the State Court,
yet it would enjoin the prosecution
by Y. of his suits in this Court, until
the final decision of the suit in the
State Court.
id.

4. Held, also, that this Court would
give the parties the option to consent
by stipulation to interplead in this
Court on the subject-matter, and, in
case they did so, would allow the
bank to pay the funds into Court,
first deducting such costs and ex-
penses as the Court should allow. id.
5. This Court has power, in a proper
case, to prohibit a non-resident plain-
tiff from prosecuting an action
against a defendant residing within

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1. These points are settled in the con-
struction of policies of insurance:
First, They are to have a liberal and
benign interpretation in behalf of
the insured; Second, They are to be
construed and enforced according to
the plain intent of the parties, if no
settled rule of law interposes to pre-
vent; Third, Whether or not, by the
general rules of insurance law, the
fact that the insured party had no
insurable interest in the subject in-
sured at the time it was intended
the contract should commence its
operation, although he possessed
such interest at the time of the loss,
would render the policy invalid,
yet it is competent for the parties to
contract with a view to such a con-
dition of things. Heushaw v. The
Mutual Safety Ins. Co.
99

2. There is strong color, however, for
the doctrine, that the party intended

to be insured will be protected, if
he had an interest at the time of the
loss, without any express stipulation
to that effect, although he had no in-
terest at the commencement of the
risk.
id.

3. A time policy, against marine risk,
on a steam-vessel, for a succession of
voyages, each voyage to bear its own
average, made at the instance of N.,
on account of whom it may concern,
the loss payable to H., for the sum
of $15,000, is an agreement by the
underwriters to insure all the inter-
est to that amount which shall be
owned in the vessel at the time of
her loss within the policy, and to pay
the loss to H., for the benefit of the
actual owners.
id.

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1 A judgment or decree docketed in a
Court of the United States for the
Southern District of New York, is a
lien on the lands of the defendant in
whatever county of the District they
are situated. Cropsey v. Crandall, 341

2. It is not necessary to the creation
of such lien, that a transcript of the
judgment or decree should be filed
in the office of the clerk of any
county in the District.
id.

3. The statutes of New York which
limit the duration of the lien of the
judgments and decrees of the State
Courts apply to the judgments and
decrees of the Courts of the United
States within the State.
id.

4. But the New York statute of May
14th, 1840, (Laws of 1840, chap. 386,
§ 26,) prescribing what acts are

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8. Held, also, that this was especially
so where the owner of the vessel at
the time appeared in the suit in the
Ohio Court, and contested the pro
ceedings throughout.
id.

See EQUITY, 3, 4.
LIEN, 9.

RENTS AND PROFITS.

JUDICIAL DECISIONS.

See REPORTS.

JURISDICTION.

1. Under 11 of the Judiciary Act of
1789, (1 U. S. Stat. at Large, 78,)
construed in connection with Art. 3,
sec. 2, of the Constitution of the
United States, it is not sufficient to
give jurisdiction of a suit to a Circuit

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