Last edited by Kajas
Tuesday, July 21, 2020 | History

3 edition of Claims for captured and abandoned property in insurrectionary states. found in the catalog.

Claims for captured and abandoned property in insurrectionary states.

United States. Congress. House. Committee on the Judiciary

Claims for captured and abandoned property in insurrectionary states.

by United States. Congress. House. Committee on the Judiciary

  • 280 Want to read
  • 13 Currently reading

Published by [s.n.] in Washington .
Written in English

    Subjects:
  • Government property,
  • Public lands,
  • United States -- History -- Civil War, 1861-1865

  • Edition Notes

    Other titlesClaims for captured and abandoned property in insurrectionary States
    SeriesH.rp.83
    The Physical Object
    FormatElectronic resource
    Pagination4 p.
    ID Numbers
    Open LibraryOL15956570M

    U.S. (6 1, 29 ). LAMAR, Executor, etc. v. McCULLOCH. Decided: Octo   The facts sufficiently appear from the following petition, which was filed Febru , and from the opinion of the court of claims, set out below. ' To the Honorable, the Court of Claims: 'The claimant, Lepine C. Rice, a citizen of the United States, resident in the city of Savannah, in the state of Georgia, respectfully represents.

    If, in connection with these acts, the provisions of the captured and abandoned property, act of Ma , [12 Stat. at large, ,] be considered, it will be difficult to conclude that the. 'That all moneys arising from the leasing of abandoned lands, houses, and tenements, or from sales of captured and abandoned property collected and sold in pursuance of said act, or of this act, or from fees collected under the rules and regulations made by the Secretary of the Treasury, and approved by the President, dated respectively the.

    - Captured property - Captured and Abandoned Property Act - Voluntary assignment. - Court of Claims - American Civil War, - Admirals.


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Claims for captured and abandoned property in insurrectionary states by United States. Congress. House. Committee on the Judiciary Download PDF EPUB FB2

U.S. Supreme Court United States v. Crusell, 81 U.S. 14 Wall. 1 1 () United States v. Crusell. 81 U.S. (14 Wall.) 1. Syllabus. A judgment of the Court of Claims giving a loyal owner the proceeds of cotton seized under the Abandoned and Captured Property Act affirmed, the case tending generally, though not in the most specific manner, to show that the cotton had been sold and its proceeds.

19 The following provision for the reclamation of property was included in the Captured and Abandoned Property Act: "Any person claiming to have been the owner of any such abandoned or captured property may, at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof in the court of claims; and.

"The Court of Claims shall have jurisdiction to hear and determine the claims of those whose property was taken subsequent to June 1,under the provisions of the act of Congress approved Maentitled 'An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within.

U.S. Supreme Court Haycraft v. United States, 89 U.S. 22 Wall. 81 81 () Haycraft v. United States. 89 U.S. (22 Wall.) Syllabus. Under the Act of March 12th,relating to captured and abandoned property, and which enacted that any person claiming to be the owner of such property may.

Second -- Captured property is understood to be that which has been seized or taken from hostile possession by the military or naval forces of the United States, and is to be turned over, with. U.S. Supreme Court Carroll v. United States, 80 U.S. 13 Wall. () Carroll v. United States.

80 U.S. (13 Wall.) Syllabus. In a claim by an administrator of a deceased person against the United States under the Abandoned and Captured Property Act of Mawhich makes proof that the owner never gave aid or comfort to the rebellion a condition precedent to recovery, it is.

U.S. Supreme Court United States v. Klein, 80 U.S. 13 Wall. () United States v. Klein. 80 U.S. (13 Wall.) Syllabus. The Act of March 12th, (12 Stat. at Large ), to provide for the collection of abandoned and captured property in insurrectionary districts within the United States, does not confiscate, or in any case absolutely divest the property of the original.

3 "Be it enacted, etc., that the court of claims may take jurisdiction under the provisions of the act of Maentitled 'An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States,' of the claims of Robert Erwin, of Savannah, Ga., for property alleged to have been taken from him, which claims were.

Treasury Departmext, July 3. Sir: I have received your letter of the 5th of June, from Memphis, and also those of previous dates from Cincinnati, relative to the col- lection of abandoned and captured property Avithin the States here- tofore declared to be in insurrection.

property in cer- ceive and collect all abandoned or captured property in any state or ter-tain states. ritory, or any portion of any state or territory, of the United States, des-ignated as in insurrection against the lawful Government of the United States by the proclamation of the President of.

APPEAL from the Court of Claims; the case being thus: The act of March 12th,'to provide for the collection of abandoned property in insurrectionary districts within the United States,' enacts that: 'Any person claiming to have been the owner of any such abandoned or captured property.

relating to " captured and abandoned property "2 Under this law the Secretary of the Treasury was to appoint special agents to collect property of this kind in the insurrectionary territorv.

The agents were to have nothing to do with property used for waging war, such as. related portals: Supreme Court of the United States.; sister projects: Wikidata item.; United States v. Klein, 80 U.S. (), was a landmark United States Supreme Court cases stemming from the U.S.

Civil War (). Klein means that Congress may not direct the outcome of a case by prescribing the rule of decision, nor may Congress impair the power and effect of a. By the act of Maproviding for the collection of abandoned property, it was made lawful for the secretary of the treasury, as from time to time he should see fit, to appoint a special agent or agents to receive and collect all abandoned or captured property—other than property used, or intended to be used, for carrying on war against the United States—in any portion of any.

United States Supreme Court. UNITED STATES v. KLEIN() Argued: Decided: December 1, [80 U.S.] THIS was a motion by Mr. Ackerman, Attorney-General, in behalf of the United States, to remand an appeal from the Court of Claims which the government had taken in June,with a mandate that the same be dismissed for want of jurisdiction as now required by law.

The act of July 2, (13 Stat. ), describes itself to be 'An act in addition to the several acts concerning commercial intercourse between loyal and insurrectionary states, and to provide for the collection of captured and abandoned property, and the prevention of frauds in states declared in insurrection.'.

By joint resolution, approved Mait was resolved 'that all moneys which have been received by any officer or employe of the government, or any department thereof, from sales of captured and abandoned property in the late insurrectionary districts, under or under color of the several acts of congress providing for the collection and sale of such property, and which have not.

Opinion for United States v. Johnston, U.S. 8 S.31 L.U.S. LEXIS — Brought to you by Free Law Project, a non-profit dedicated to creating high. Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person.

Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its. of captured and abandoned property, and the prevention of frauds in Vol.

xiii. States declared in insurrection," approved July two, eighteen hundred and sixty-four, or in virtue or under color of the acts of Congress aforesaid, or any other acts of Congress relative to the said insurrectionary States, or.

Two questions are presented by the finding of facts in this case, to wit: 1. Does the Abandoned and Captured Property Act, as extended by the act of July 2, (13 Stat.

), authorize a recovery in the Court of Claims for the proceeds of property captured and sold by the military authorities, without judicial condemnation, after Jand before Mabut .I have said that property seized or taken by any military person in the insurrectionary territory is denominable as "captured;" but the sixth section of the act of would seem to affix that.80 Ouachita Cotton Case, 6 Wallace, ; McKee v.

U. S., 8 Wallace CAPTURED AND ABANDONED PROPERTY 43 proceeds from miscellaneous property, $1, The net total of captured and abandoned property was $25,93 1. 81 It will be seen that over ninety-five percent of the property handled by the treasury agents was cotton.