Johnson v. Martin

Citations

• 68 Miss. 330

Syllabus

<p>1. Shipping. Inspection by wardens. Statutes of Louisiana.</p> <p>The statute of Louisiana, March 16, 1877, providing that wardens of the port of New Orleans shall inspect the hatches of vessels and survey damaged cargoes, and give orders for sales thereof when called on by the master of any vessel coming into that port, is not a substantial reenactment of the statute of March 6, 1869, forbidding any person except the warden to perform such service; and the latter statute is valid although the former was held unconstitutional by the supreme court of the United States as being a regulation of foreign and inter-state commerce.</p> <p>2. Same. Evidence. Official records of another state. Entry by port wardens.</p> <p>Since the said act of 1877 requires the said wardens to enter in books kept for that purpose a record of their surveys, etc., copies of such entries properly certified by such wardens are admissible in evidence in the courts of this state without further proof. Code 1880, § 1622.</p> <p>3.Same. Sale of vessel and cargo. Authority to sell.</p> <p>Without regard to the validity or effect of said statutes, if a stranded ship and cargo he sold at auction under the order of such wardens, the certified copy of such entry and the hill of sale executed hy the auctioneer, which recite that the sale was hy authority of the owner of the vessel and cargo, is competent evidence of title in the purchaser.</p>