BOND.

PLEADING, 1; Privateer, 2. 3.

BROKER.

LIEN.

BUENOS AYRES.

INTERNATIONAL LAW, 2.

BURDEN OF PROOF.
PRIZE, 20; TRUST, 1.

CAPTURE.

INTERNATIONAL LAW, 2; NEUTRALITY LAWS; PRIVATEER; PRIZE, 1. 4. 7-14.
CASHIER.

BANK, 2; EVIDENCE, 5.

CHARITY.

CORPORATION, 1.

CHARTER-PARTY.

Under a charter-party containing a covenant that the charterer will pay to the owner,
on the return of the ship to Philadelphia, and before the discharge of her cargo
there, in approved notes, the sum stipulated for as charter money, it is not in the
power of the charterer and the master, while at a foreign port, to waive this lien on
the charterer's goods, or postpone it to another lien in favor of one who advances
funds to the charterer to enable him to buy the cargo, the charterer not being made
owner pro hoc vice, by the charter-party. Gracie v. Palmer, 523.

COMPACT BETWEEN STATES.

1. The compact between Virginia and Kentucky was a contract, within the 18th
section of the 1st article of the constitution of the United States. Green v. Biddle,
346.

2. It is not necessary that the consent of congress to a compact between two States
should be expressed in any particular form; and when congress consented to the
separation of Kentucky and its erection into a State, it must be taken to have
consented to the compact by which the separation was agreed to be made. Ib.
3. It is not a valid objection to the compact that it restricts the exercise of the legis
lative power of Kentucky in certain particulars. Ib.

4. The provision in the compact for the appointment of commissioners has reference
to disputes between the States, and not between individuals, and does not devest the
ordinary tribunals of their jurisdiction over suits between individuals, in which a
dispute concerning the effect of the compact arises. Ib.

5. The act of the legislature of Kentucky, of the 31st of January, 1812, relieving the
occupant of land from paying damages for its wrongful detention before action
brought, and requiring the lawful owner of the land to pay the occupant for his
improvements, did impair the obligation of that part of the compact which declares,
"that all private rights and interests in lands within the said district, derived
from the laws of Virginia, shall remain valid and secure under the laws of the
proposed State, and shall be determined by the laws now existing in this State
Ib.

COMPOUNDING OF OFFENCES.

VOL. V.

ASSIGNMENT, 1. 2.
47

CONFLICT OF LAWS.
CONSTITUTIONAL LAW, 1; Lex Loci.

CONGRESS.

COMPACT BETWEEN STATES, 2.

CONNECTICUT.

EXECUTORS, &c. 10.

CONSIGNOR AND CONSIGNEE.

AGENT, 5. 6.

CONSTITUTIONAL LAW.

1. An act of a state legislature which discharges a debtor from all liability for debts
contracted previous to his discharge, on his surrendering his property for the bene
fit of his creditors, is a law impairing the obligation of a contract previously made,
within the meaning of the constitution of the United States, so far as it attempts to
discharge the contract; and it makes no difference, in such a case, that the suit was
brought in a state court of the State of which both parties were citizens, where the
contract was made, and the discharge obtained, and where they continued to
reside until the suit was brought. Farmers and Mechanics' Bank of Pennsylvania
v. Smith, 37.

2. The act of the legislature of Vermont, of the 30th of October, 1794, granting
the lands in that State, belonging to "The Society for Propagating the Gospel in
Foreign Parts," to the respective towns in which the lands lie, is void, and conveys
no title under it. The Society for the Propagation of the Gospel in Foreign Parts
v. New Haven, 483.

COMPACT BETWEEN STATES; COURTS OF THE UNITED STATES, 1; EXECUTORS,
&c. 8; PARLIAMENTARY LAW.

CONSUL.

1. A vice-consul, duly recognized by our government, is a competent party to assert
or defend the rights of property of individuals of his nation, in a court of admiralty.
The Bello Corrunes, 44.

2. In the absence of specific powers from competent authority, he has not the right
tò receive, in his public character, the proceeds of property libelled. Ib.

CONTEMPT.

HABEAS CORPUS; PARLIAMENTARY LAW.

CONTRACT.

1. Where the acts stipulated to be done are to be done at different times, the stipula-
tions are to be construed as independent of each other. Goldsborough v. Orr, 390.
2. To “liquidate" a debt, was held to include its payment. Fleckner v. Bank of the
United States, 437.

8. Where, in a contract with the secretary of war for supplying the troops of the
United States with provisions, specific prices are stipulated for rations issued at
certain places mentioned in the contract; and it is further provided, that “should
any rations be required at any places not specified in this contract, the price of the
same shall be hereafter agreed on betwixt the public and the contractor;" if the
parties cannot agree upon the price for the rations thus required, a reasonable com-t
pensation is to be allowed, and is to be proved by competent evidence, and settled
by a jury; and the contractor, upon the trial, is at liberty to show that the sum
allowed by the secretary of war is not a reasonable compensation. United States
v. Wilkins, 38.

BANK,1; COMPACT BETWEEN STATES; CONSTITUTIONAL LAW, 1; Damages 3. 4;
GEORGETOWN, 2; SPECIFIC PERFORMANCE.

CORPORATION.

1. A corporation for religious and charitable purposes, which is endowed solely by
private benefactions, is a private eleemosynary corporation, although it is created by
a charter from the government. The Society for the Propagation of the Gospel in
Foreign Parts v. New Haven, 483.

2. The capacity of corporations, created by the crown, in this country, or in Great
Britain, to hold lands or other property in this country, was not affected by the
Revolution. Ib.

8. The property of British corporations, in this country, is protected by the 6th article
of the treaty of peace of 1783, (8 Stats. at Large, 83,) in the same manner as that
of natural persons; and their title, thus protected, is confirmed by the ninth article
of the treaty of 1794, (8 Stats. at Large, 122,) so that it could not be forfeited by
any intermediate legislative act, or other proceeding, for the defect of alienage. Ib.
BANK; BANK OF THE UNITED STATES; CONSTITUTIONAL LAW, 2; GEORGETOWN;
UNION BANK OF ALEXANDRIA.

COSTS.
INTERPLEADER, 1.

COURT.

JURISDICTION; PRIZE, 3-6.

COURTS OF THE UNITED STATES.

1. The 25th section of the Judiciary Act, (1 Stats. at Large, 85,) is a constitutional
law. It applies to and includes a case in which a State proceeds in its own court,
by indictment, against one of its citizens, who attempts to defend under an act of
congress; and this court, upon the writ of error, will determine whether or no the
act of congress constituted a defence. Cohens v. Virginia, 82.

2. A suit in equity being brought to this court by a writ of error to the highest court of
a State under the 25th section of the Judiciary Act, (1 Stats. at Large, 85,) upon
the ground that the state court had decided against a title claimed under laws of the
United States, this court can examine only that title, and cannot consider any dis-
tinct equity arising out of contracts or transactions between the parties. Matthews
v. Zane, 244.

3. This court will not suffer its jurisdiction, in an equity cause, to be ousted, by the
circumstance of the joinder or non-joinder of merely formal parties, who are not
entitled to sue, or liable to be sued, in the United States courts. Wormley v.
Wormley, 469.

4. The circuit court has jurisdiction of a suit brought by the indorsee of a promissory
note, who is a citizen of one State, against the indorser, who is a citizen of a
different State, whether a suit could be brought in that court by the indorser, against
the maker, or not. Young v. Bryan, 43.

5. In order to maintain a suit in the circuit court, the jurisdiction must appear on the
{ record; as, if the suit is between citizens of different States, the citizenship of the
respective parties must be set forth. Sullivan et al. v. The Fulton Steamboat Com-
pany, 121.

6. It is not necessary to aver on the record, that the defendant in the circuit court
I was an inhabitant of the district, or was found therein at the time of serving the
rwrit. Gracie v. Palmer, 547.

7. Where the defendant appears, without taking the exception, it is an admission of
the regularity of the service. Ib.

ACTION; ADMIRALTY; APPEAL; DISTRICT OF COLUMBIA; DEPOSITION, 2; EXEC
UTORS, &c. 1; HABEAS CORPUS; INTEREST; NEW TRIAL; PRACTICE; PRIZE, 1
2; WRIT OF Error.

CRIMES.
STATUTES, 3.

CUSTODY AND DISPOSITION OF PROPERTY.

ADMIRALTY; APPEAL, 5; CONSUL, 2.

DAMAGES.

1. In an action at law by the vendee, against the vendor, for a breach of the contract,
in not delivering the thing sold, the proper measure of damages is the price of the
thing sold at the time of the breach. Hopkins v. Lee, 26.

2. This rule applies to the sale of real as well as personal property. Ib.

3. A gross sum, to be paid on non-performance, is taken to be a penalty, where the
parties have not manifested an intention to consider it as damages, and this pre-
sumption is much strengthened if the parties call it a penalty. Tayloe v. Sandiford,
198.

4. An agreement to perform a certain work, by a limited time, under a certain penalty,
is not to be construed as liquidating the damages. Ib.

5. As by the laws of Louisiana, questions of fact in civil cases are tried by the court,
unless either of the parties demands a jury, in an action of debt on a judgment, the
interest on the original judgment may be computed and make part of the judgment
in Louisiana, without a writ of inquiry and the intervention of a jury. Mayhew v.
Thatcher et al. 36.

PLEADING, 6; PRIVATEER, 3.

DEATH.

AGENT, 1-3; PRACTICE, 1.

DEBT.

In an action of debt on a policy of assurance, the plaintiff may claim a verdict for the
sum established to be due, by entering a remittitur of the residue of the sum de-
manded in the writ. Hughes v. The Union Insurance Company, 420.

DAMAGES, 5; EXECUTORS, &c. 6-8; PLEADING, 5. 6.

DEBTOR AND CREDITOR.

ASSIGNMENT; FRAUDULENT CONVEYANCE; PAYMENT.

DECREE.

JUDGMENT AND Decree.

DEED.

1. The laws of Ohio require all deeds of land to be executed in the presence of two
witnesses, and a deed executed in the presence of one witness only is void. Clark
v. Graham, 172.

2. A parol exchange of lands, or parol evidence that a conveyance was intended to
operate as an exchange, will not convey any estate or interest in lands. Ib.
ESTOPPEL; EVIDENCE, 3; Fraudulent ConVEYANCE; SEISIN AND DISSEISIN, 1.

DEFAULT.

DISTRICT OF COLUMBIA, 2.

DEPOSITION.

1. A deposition read in evidence without objection, cannot be afterwards objected to
and excluded for a cause apparent on the caption. Evans v. Hettich, 300.

2. A deposition taken according to a practice of the state courts, but not under the
laws of the United States, or pursuant to the rules of the circuit court, is admissible
in evidence only by consent. Evans v. Eaton, 283.

DEVISE.

1. J. B. devises all his real estate to the testator's son, J. B., jun., and his heirs lawfully
begotten; and in case of his death without such issue, he orders A. Y., his executors
and administrators, to sell the real estate within two years after the son's death; and
he bequeathes the proceeds thereof to his brothers and sisters, by name, and their
heirs forever, or such of them as shall be living at the death of the son, to be divided
between them in equal proportions, share and share alike. All the brothers and
sisters die, leaving issue. Then A. Y. dies, and afterwards J. B., jun., the son, dies
without issue. Heirs is a word of limitation; and none of the testator's brothers and
sisters being alive at the death of J. B., jun., the devise to them failed to take effect.
Daly v. James, 494.

2. A sale made under this power after the lapse of two years from the death of J. B.,
jun., is without authority, and conveys no title. Ib.

19

3. A power to A. Y., and his executors or administrators, to sell, may be executed by
the executors of the executors of A. Y. Ib.

DISSEISIN.

SEISIN AND DISSEISIN.

DISTRICT OF COLUMBIA.

1. The circuit court for the District of Columbia has authority to adjourn to a distant
day, and the adjourned session is considered as the same term. The Mechanics
Bank of Alexandria v. Withers, 24.

2. Where the regular term began on the 3d Monday in April, and the court continued
to sit, de die in diem, until the 16th of May, when it adjourned to the 4th Monday
of June; held, that a defendant, against whom an office judgment had been entered
on the 16th of May, had a right, under the laws and practice of Virginia, to appear
at the adjourned session, and have the default set aside, on giving special bail, and
pleading issuably. Ib.

ACTION; HABEAs Corpus; Insolvent Debtor, 1.

EMBARGO.

1. Under the Embargo Act of the 25th April, 1808, (2 Stats. at Large, 499,) if a
vessel, not actually arriving at her port of original destination, excites an honest
suspicion in the mind of the collector that her demand of a permit to land the cargo
was merely colorable, this is not a termination of the voyage so as to preclude the
right of detention. Otis v. Walter, 175.

2. During the detention of the vessel, if the collector actually believes that the cargo
can be best preserved by landing it, and will do it at his own expense, such a
landing is not necessarily a conversion. Ib.

ENTRY.

PUBLIC LANDS, 18. 20-23. 27-32.

EQUITY.

A decree cannot be pronounced, on the testimony of a single witness, unaccompanied
by corroborating circumstances, against a positive denial, by the answer, of the