4. Writ of error, how to be returned by the clerk
below. Rules of Court,
(xvii) 11
5. If the writ of error issues within 30 days be-
fore the meeting of the court, the defendant in
error may enter his appearance, and proceed to
trial, otherwise the cause must be continued.
Id.

(xviii) 11
6. Where the writ of error appears to be brought
for delay only, the judgment shall carry interest at
10 per cent. per annum, by way of damages. In
other cases 6 per cent. Id.
(Ïb.) 11
7. A writ of error does not lie from the Supreme
Court of the United States to the general court for
the Territory N. W. of the Ohio.

Clark v. Bazadone,

ERROR--2.

(212) 58

EVIDENCE-1.

See Admiralty, 5, 6, 12.

2. See Error, 2, 3.

(Ib.) 601

1. Proceedings before magistrates in cases of in-
solvent debtors, under the laws of Virginia, are
matters in pais, and may be proved by parol testi-
mony. Turner v. Fendall,
(132) 58
3. A commission is only evidence of an appoint-
ment. Marbury v. Madison,
(178) 73
4. Quære, whether the drawer is a competent
witness for the indorser in an action against the
latter? Wilson v. Lennox,
(195) 79

5. The want of possession of goods by the vendee,
under an absolute bill of sale, is not merely evi-
dence of fraud, but is a circumstance per se which
makes the transaction fraudulent in point of law.
Hamilton v. Russell,
(309) 118
6. Evidence on motion to discharge bail, must be
by deposition, and not viva voce.
xvii

Rules of Court,

2. Foreign laws must be proved as facts. They
must be verified by oath, or by some other high
authority which the law respects not less than an
oath. Church v. Hubburt, (187, 236) 249, 265
3. The certificate of a consul of the United
States under his seal is not evidence of a foreign
law. Id.
(Ib.) 249, 265

4. The proceedings of a Portuguese court, under
the seal of a person who states himself to be Secre-
tary of Foreign Affairs in Portugal, is not evidence.
Id.
(Ib.) 249, 265

5. If the decrees of the courts in the Portuguese
colonies are transmitted to the seat of the Portu-
guese government, and registered in the department
of state of that government a certificate of that
fact under the great seal of Portugal, with a copy
of the decree authenticated in the same manner,
would be sufficient prima facie evidence.
Id.

EVIDENCE-3.

(Ib.) 249, 265

1. If usury be specially pleaded, and the court
reject the evidence offered upon the special plea, it
may be admitted upon the general issue.
Levy v. Gadsby,
(180) 404
decide
2. The court has exclusive power to
whether a written contract be evidence of usury.
Id.
(Ib.) 404
3. A report of surveyors that a vessel is unsound,
is not evidence that she was not seaworthy when
she commenced the voyage.
Marine Ins. Co. v. Wilson, (187) 406
4. Quære, whether such report, even if it related
to the commencement of the voyage, is conclusive
evidence? Id.
(Ib.) 406

5. The assignee of a pre-emption warrant is a
competent witness if his testimony does not tend
to support the title of the party producing him.
Wilson v. Speed,
(283) 441

6. Notice to an attorney at law of the time and
place of taking a deposition, is not sufficient under
the law of Virginia.

Buddicum v. Kirk,

(293) 444
7. The deposition must be taken at the time noti-
fied; an adjournment from the 12th to the 19th
is not an adjournment from day to day.
Buddicum v. Kirk,

(293) 444
8. Evidence of wheat delivered is good on the
plea of payment. Id.
(Ib.) 444

9. An assignment of debts cannot be given in evi-
dence under the plea of accord and satisfaction.
Id.
(Ib.) 444
10. A bill of parcels stating the goods as bought
of D. & I. is not conclusive evidence that D. & I.
were joint owners of the goods.
Harris v. Johnston,
(311) 450
11. The sentence of a court martial is not con-
clusive evidence that a man is liable to militia duty.
Wise v. Withers,
(331) 457
12. A foreign sentence of condemnation as good
prize, is not conclusive evidence that the legal title
to the property was not in the subject of a neutral
nation. Malay v. Shattuck,
(458) 498

EVIDENCE-4.

1. A witness interested in certain admitted items
of the plaintiff's account, is still a competent wit-
ness to prove other items.

Smith v. Carrington,

(62) 550

2. The defendant having read a letter from the
plaintiff's agent in answer to a letter from himself,
cannot give in evidence a copy of his own letter,
without proving it to be a true copy by a witness.
Id.
(Ib.) 550
3. If improper evidence be admitted by the
judge, it is error, and this court cannot inquire into
its importance, or operation. Id. (70) 553
4. Quare, whether a foreign sentence of condem-
nation be conclusive evidence in an action against
the underwriters?

Fitzsimmons v. Newport Ins. Co. (185) 591
5. The appraisement made under the order of the
district judge by three sworn appraisers, is not
conclusive evidence of the value, in a question of
jurisdiction, but is better evidence than the opin-
ion of a single witness examined viva voce in open
court. United States v. Brig Union, (216) 600
6. After deciding the question of value upon the
weight of the evidence, the court will not continue
the cause for the party to produce further evi-
dence as to the value. Id.
(lb.) 600

7. Upon a demurrer to evidence, the testimony is
to be taken most strongly against him who demurs;
and such conclusions as a jury might justifiably
draw, the court ought to draw.

Pawling v. United States,
8. See Escrow, 2.

(219) 601

9. A letter of credit, addressed by mistake to
John and Joseph, instead of John and Jeremiah,
and delivered to John and Jeremiah is not evidence
of a contract between the writer of that letter
and John and Jeremiah.

Grant . Naulor,

(224) 603

Croudson v. Leonard,

18. See Admiralty, 21.

19. In treason the overt act must be proved as
laid. Appendix, United States v. Burr, (490) 694
20. Quære, whether, on a motion to commit a
person for treason, an affidavit stating the sub-
stance of a letter in the possession of the deponent,
be admissible evidence.

Ex parte Bollman and Swartwout, (76) 555
21. A person may be committed by one magis-
trate upon an affidavit made before another.
(Ib.) 555
22. In treason, the presence of the party is part
of the overt act, and must be proved by two wit-
nesses. Appendia,
(500) 699

23. An indictment charging a person with being
present at an overt act of treason cannot be sup-
ported by proving only that the person accused
caused the act to be done by others in his absence.
No presumptive evidence, no facts from which
presence can be inferred, will be sufficient.

Appendix,

(500)

699

24. See Treason, 31, 35, 36, 38, 40.
25. If the overt act of treason be not proved by
two witnesses so as to be submitted to the jury, all
other testimony is irrelevant.

Appendix, United States v. Burr,

(505, 506) 701
26. Quare, whether a foreign sentence be exam-
inable? Appendix, Rose v. Himely, (512) 705
EXCEPTION-4.

1. A bill of exceptions may be taken to the opin-
ion of the judge in his charge to the jury.
Smith v. Carrington,

(63) 551
2. The court is bound to give an opinion to the
jury upon a question of law, upon request, if it be
pertinent to the issue; but not if it involve a ques-
tion of fact. Ib.
(71) 553

3. See Account, 3. Error, 2, 3.

EXCEPTIONS, BILL OF-1.
See Bill of Exceptions.
EXECUTION-1.

1. Money made on a fieri facias does not become
the goods and chattels of the plaintiff until it has
been paid over to him; while it remains in the
hands of the officer he cannot apply it to the satis-
faction of another fieri facias against the former
plaintiff. Turner v. Fendall, (117, 136) 53, 60
2. By the command of the writ, the officer is to
bring the money into court, there to be paid to the
plaintiff. Id.
(Ib.) 53, 60

3. In Virginia, on a motion against a sheriff for
not paying over moneys by him collected on exe-
cution, it is not necessary that the judgment
against the sheriff should be rendered at the next
term succeeding that to which the execution has
been returned. Id.
(Ib.) 53, 60
4. Money may be taken in execution, if in posses-
sion of the defendant. Id.
(134) 59
5. Although the creditor should have been dis-
charged under the insolvent act of Virginia, yet
the motion against the sheriff for not paying over
moneys made on a fieri facias, must be in the name
of such creditor. Id.
(132) 58
732

1. An American citizen, residing in a foreign
country, may acquire the commercial privileges at
tached to his domicile, and by making himself
the subject of a foreign power, he places himself
out of the protection of the United States while
within the territory of the sovereign to whom he
has sworn allegiance.
(64) 208

Murray v. Charming Betsy,

2. Quære, whether a citizen of the United States
can devest himself of that character otherwise than
in such manner as may be prescribed by law.
Id.

M'Ilvaine v. Core's Lessee,

(Ib.) 208
(280) 279

3. Whether by becoming the subject of a foreign
power, he is rescued from punishment for a crime
against the United States? Id.
(Ib.) 279

4. Whether by expatriation he becomes an alien,
so that he cannot take and hold lands by descent
from a citizen of the United States.
M'Ilvaine v. Core's Lessee,

EXECUTION 4.

See Error, 3.

FACTOR-2.

(280) 279

FACTS, STATEMENT OF-1
See Appeal, 2. Admiralty, 11.

FIERI FACIAS-1.
See Execution, 1, 2, 3, 4, 5.

FINES AND FORFEITURES-1.
See Columbia District, 3.

FOREIGN ATTACHMENT 4.

1. The appearance of the defendant to a foreign
attachment in the circuit court of the United
States waives all objection to the non-service of
process. Pollard v. Dwight,
(421) 66€

2. Under the foreign attachment law of Connec
ticut, an absent person who is liable for damages
for breach of his covenant, is an absent debtor.
(Ib.) 666

FOREIGN COURTS 4.
See Admiralty, 8, 9, 11, 12, 18, 16. Evidence, 4,17.

4. Writ of error, how to be returned by the clerk
below. Rules of Court,
(xvii) 11
5. If the writ of error issues within 30 days be-
fore the meeting of the court, the defendant in
error may enter his appearance, and proceed to
trial, otherwise the cause must be continued.
Id.

(xviii) 11
6. Where the writ of error appears to be brought
for delay only, the judgment shall carry interest at
10 per cent. per annum, by way of damages.
other cases 6 per cent. Id.

In
(Ib.) 11
7. A writ of error does not lie from the Supreme
Court of the United States to the general court for
the Territory N. W. of the Ohio.

Olark v. Bazadone,

ERROR-2.

(212) 58

2. See Error, 2, 3.

3. A commission is only evidence of an appoint-
ment. Marbury v. Madison,
(178) 73
4. Quare, whether the drawer is a competent
witness for the indorser in an action against the
latter? Wilson v. Lennox,
(195) 79
5. The want of possession of goods by the vendee,
under an absolute bill of sale, is not merely evi-
dence of fraud, but is a circumstance per se which
makes the transaction fraudulent in point of law.
Hamilton v. Russell,
(309) 118

6. Evidence on motion to discharge bail, must be
by deposition, and not viva voce.
xvil

Rules of Court,

(180) 246
2. Foreign laws must be proved as facts. They
must be verified by oath, or by some other high
authority which the law respects not less than an
oath. Church v. Hubburt, (187, 236) 249, 265
3. The certificate of a consul of the United
States under his seal is not evidence of a foreign
law. Id.
(Ib.) 249, 265

4. The proceedings of a Portuguese court, under
the seal of a person who states himself to be Secre-
tary of Foreign Affairs in Portugal, is not evidence.
Id.
(Ib.) 249, 265
5. If the decrees of the courts in the Portuguese
colonies are transmitted to the seat of the Portu-
guese government, and registered in the department
of state of that government a certificate of that
fact under the great seal of Portugal, with a copy
of the decree authenticated in the same manner,
would be sufficient prima facie evidence.
Id.
(Ib.) 249, 265

EVIDENCE-3.

1. If usury be specially pleaded, and the court
reject the evidence offered upon the special plea, it
may be admitted upon the general issue.
Levy v. Gadsby,
(180) 404
2. The court has exclusive power to decide
whether a written contract be evidence of usury.
Id.
404
(Ib.)
3. A report of surveyors that a vessel is unsound,
is not evidence that she was not seaworthy when
she commenced the voyage.

Marine Ins. Co. v. Wilson, (187) 406
4. Quære, whether such report, even if it related
to the commencement of the voyage, is conclusive
Id.
evidence?
(Ib.) 406
5. The assignee of a pre-emption warrant is a
competent witness if his testimony does not tend
to support the title of the party producing him.
Wilson v. Speed,
(283) 441
6. Notice to an attorney at law of the time and
place of taking a deposition, is not sufficient under
the law of Virginia.

Buddicum v. Kirk,

(293) 444
7. The deposition must be taken at the time noti-
fied; an adjournment from the 12th to the 19th
is not an adjournment from day to day.
Buddicum v. Kirk,
(293) 444
8. Evidence of wheat delivered is good on the
plea of payment. Id.
(Ib.) 444
9. An assignment of debts cannot be given in evi-
dence under the plea of accord and satisfaction.
Id.
(Ib.) 444

10. A hill of parcels stating the goods as bought
of D. & I. is not conclusive evidence that D. & I.
were joint owners of the goods.
Harris v. Johnston,
(311) 450
11. The sentence of a court martial is not con-
clusive evidence that a man is liable to militia duty.
Wise v. Withers,
(331) 457
12. A foreign sentence of condemnation as good
prize, is not conclusive evidence that the legal title
to the property was not in the subject of a neutral
nation. Malay v. Shattuck,
(458) 498

(62) 550

2. The defendant having read a letter from the
plaintiff's agent in answer to a letter from himself,
cannot give in evidence a copy of his own letter,
without proving it to be a true copy by a witness.
Id.
(Ib.) 550
3. If improper evidence be admitted by the
judge, it is error, and this court cannot inquire into
its importance, or operation. Id. (70) 553
4. Quare, whether a foreign sentence of condem-
nation be conclusive evidence in an action against
the underwriters?

Fitzsimmons v. Newport Ins. Co. (185) 591
5. The appraisement made under the order of the
district judge by three sworn appraisers, is not
conclusive evidence of the value, in a question of
jurisdiction, but is better evidence than the opin-
ion of a single witness examined viva voce in open
court. United States v. Brig Union, (216) 600
6. After deciding the question of value upon the
weight of the evidence, the court will not continue
the cause for the party to produce further evi-
dence as to the value. Id.
(lb.) 600

7. Upon a demurrer to evidence, the testimony is
to be taken most strongly against him who demurs;
and such conclusions as a jury might justifiably
draw, the court ought to draw.
Pawling v. United States,

8. See Escrow, 2.

(219) 601

9. A letter of credit, addressed by mistake to
John and Joseph, instead of John and Jeremiah,
and delivered to John and Jeremiah is not evidence
of a contract between the writer of that letter
and John and Jeremiah.
(224) 603

Grant . Naylor,

FOREIGN LAWS-2. 1. Foreign laws must be proved as facts. Church v. Hubbart, (187,236) 249, 265 2. The certificate of a consul of the United States under his seal, is not evidence of foreign laws. Id. (Ib.) 265

FOREIGN SENTENCE-3.

A foreign sentence as good prize is not conclusive evidence that the legal title to the property was not in the subject of a neutral nation.

FOREIGN SENTENCE-4.

See Evidence, 4, 17. Admiralty, 8, 9, 11.
Maley v. Shattuck,

FORFEITURE—3.

(458)

498

If a false oath be taken to procure a register for a vessel, the United States have an election to proceed against the vessel as forfeited, or against the person who took the false oath for its value. But, until that election is made, the title to the vessel does not vest in the United States under the forfeiture; and the United States cannot maintain an action for money had and received against the assignees of the person who took the oath, and who had become bankrupt; the assignees having sold the vessel and received the purchase money before the seizure of the vessel.

United States v. Grundy et al., (337) 459

1. Wine and spirits saved from a wreck and landed, are not liable to forfeiture, because unaccompanied with such marks and certificates as are required by law; nor because they were removed without consent of the collector, before the quantity and quality were ascertained, and the duties paid. Peisch v. Ware, (347) 643 2. The owner of goods cannot forfeit them by an act done without his consent or connivance, or that of some person employed, or trusted by him. Id. (Ib.) 643

2. If judgment below be 30 days before the sitting of this court, the record must be filed within 425 the first 6 days of the term. (Ib.) 3. In all cases from the District of Columbia, the record must be filed within the first six days of the term. (Ib.) 425

4. If errors are not assigned according to the general rule, the writ of error will be dismissed with costs. (Ib.) 425 5. If the defendant refuses to plead, the court will proceed ca parte. (Ib.) 425

2. By the act of assembly of Virginia, of 1758, no gift of a slave was valid unless in writing and recorded; but parol evidence may be admitted of the existence of a deed of gift to show the nature of the possession which accompanied the deed. Spiers v. Willison, (398) 659 3. In Virginia, in 1784, no gift of a slave was valid unless in writing and recorded, although possession accompanied the gift.

Ramsay v. Lee,

HABEAS CORPUS-3.

(401) 660

A warrant of commitment by justices of the peace must state a good cause certain, supported by oath. Ea parte Burford, (448) 495

HABEAS CORPUS 4.

1. The Supreme Court of the United States has power to issue the writ of habeas corpus ad subjiciendum.

Ex parte Bollman and Swartwout, (75) 554 2. See Common Law, 2.

HEADS OF DEPARTMENTS-1.

See Mandamus, 7, 9, 10, 16, 17, 18, 19, 20.

ILLICIT TRADE-2.

The right of a nation to seize vessels attempting an illicit trade is not confined to their harbors, or to the range of their batteries. Church v. Hubbart,

INDICTMENT 4.

(187) 249

1. In treason the indictment must lay an overt which must be proved as laid

act,

Appendix, United States v. Burr, (490) 694 2. See Evidence, 23.

3. Quare, whether a person who procures an act, can be indicted as having performed that act. Id. (503) 700

INSOLVENT DEBTOR-1.

See Evidence, 1. Execution, 5. Debtor.

INSOLVENCY-2.

1. By the insolvent law of Maryland of 3d January, 1800, the Chancellor of Maryland could not discharge an insolvent citizen of Maryland named in that law, and who resided in the District of Columbia at the time of its separation from Maryland, unless the insolvent had complied with all the requisites of the insolvent law, so as to entitle himself to a discharge before the separation. (344) 300

Reily v. Lamar et al.,

2. Quare, whether an insolvent who has neglected at law to plead his discharge, can avail himself of it in equity? Reily v. Lamar et al., (344) 300 733