THIS case came up by writ of error from the Circuit Court of the United States for the eastern district of Pennsylvania.
It was an information filed in the District Court of the United States for the eastern district of Pennsylvania against sundry cases and pieces of cloths and kerseymeres, seized on land, as forfeited. The information containd thirteen counts.
The first and second were founded on the 50th section of the act of 1799, chap. 128.
The third on the 68th section of same act.
The fourth and fifth on the 66th section of same act.
The sixth, seventh, and eighth on the 4th section of the act of 28th May, 1830, chap. 147.
The ninth on the 14th section of the act of 14th July, 1832, chap. 224.
The tenth on the same section as fourth and fifth.
The eleventh and twelfth on the same section as sixth, seventh, and eighth.
The thirteenth on the same section as ninth.
Upon the first and second counts the jury found a verdict for the claimants, and upon the remaining counts for the United States. The claimants were John Taylor, jun., and William Blackburne & Co.
The claims filed were as follows:
'John Taylor, jun., late of the city of New York, but now absent from the United States, by Edward Henry Bradbury, his attorney in fact, comes and claims the said goods, wares, and merchandise, in the said information and libel mentioned as his property; (subject to the repayment of a certain advance or loan of sixty thousand dollars and upwards, thereon made to him by William Blackburne & Co.;) and the said John Taylor, jun., by his said attorney, alleges, that at the time of the seizure aforesaid he was, and yet is the true and lawful owner of the said goods [wares] and merchandise, subject as aforesaid.
'Edward Henry Bradbury, being duly sworn, says, the facts above set forth are just and true, to the best of my knowledge and belief. I am the duly authorized attorney in fact of the above named John Taylor, jun. He was absent from the United States at the time the seizure of the above mentioned goods, wares, and merchandise was made, and has ever since continued, and still is absent from the United States.
'Sworn, October 11th, 1839, before me.
'PTR. CHRISTIAN, Alderman.
'William Blackburne & Co. claim the said goods, wares, and merchandise, in the said libel and information mentioned, as the sole property of them, the said William Blackburne & Co., for the purpose of securing and paying an advance or loan thereon made by them to John Taylor, jun., of sixty thousand dollars and upwards; for securing which said loan or advance the said goods [wares] and merchandise were delivered to them, long before the said seizure, by the said John Taylor, jun., in whose possession they were as his property, and remained in their possession as aforesaid at the time of said seizure, without any notice or knowledge on their part that there was any allegation whatever, that the same had not been duly imported, and the duties paid or secured; or, that the same were on any account liable to seizure, and under the full and entire belief, on their part, that the said goods [wares] and merchandise had been duly imported and entered, and the duties thereon paid or secured according to law.
'Francis Blackburne, being duly sworn, says, I am a member of the firm of William Blackburne & Co., mentioned in the foregoing claim. The facts stated in the foregoing claim are just and true, to the best of my knowledge and belief. The said firm of William Blackburne & Co., at and before the time of the seizure of the goods and merchandise mentioned in the said information and libel, was composed of William Blackburne, Francis Blackburne, Christopher John Blackburne, and Charles F. Shaw; since that time the said Charles F. Shaw has retired from said firm and is no longer a member thereof.
'Sworn, October 11th, 1839, ...