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officers or officer so seizing it but when seized, if it was in fact private property, the sale of it without a judicial condemnation of it would be void. 

To which charges the Defendant by his counsel excepted. The Defendant by his counsel requested the Court to charge the Jury:

Each of which charges so asked the Court refused to give, & to such request of the Court to give the charges so asked, the Defendant by his counsel excipted - And the Defendant prays the court to allow, sign, & seal the forgoing as his Bill of Exciptions, which is accordingly done in term time this 24" day of December 1866.

(Signed) C.W. Rapier
Judge 6" Circuit presiding