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Charge of Judge C.W. Rapier.

When the evidence was closed & arguments of counsel heard the Court charged the Jury:-

That if the Boat sued for was the property of the Confederate Government & was seized and sold as such by the agents of the Government of the United States, then the Plaintiff could not question the validity of such sale. He would not be in a position to do so. But if the Boat was the property of the Plaintiff, & was seized & sold by the officers & Agents of the Government of the United States, then such sale would be invalid unless it was made pursuant to the laws and military orders of the United States, and that so far as was brought to the notice of the court, there was no law of the United States nor military order, which after the surrender of the Confederate Armies would authorize the seizure & sale of private property without a judicial condemnation of it; that therefor if the property in suit was the private property of the Plaintiff, the sale of it by the officers and agents of the United States, without a Judicial condemnation of it, would be void & no title thereby would pass to the purchaser.
The Court further stated, that it was not presented that the Government of the United States would desire to support a sale not made by authority of law or pursuant to competent military orders.

The Court further remarked that the right of seizure of the property in question as public property liable to condemnation, could not probably begainsayed; nor could the action of [[?]] have been maintained against the
(over)

Transcription Notes:
James Vs. Osborne