North Carolina. 1790 The Dismal Swamp Canal Company Laws, Ed. 1821, I. (Like Virginia charter of 1787.) 1792 The Cape Fear Company 1795 Act which is substantially a general incorporation law for canal companies. Power of eminent domain given. Canal to become 657 694 free of toll when subscribers are 769 1796 The Deep and Haw River Company Laws, Ed. 1821, II. 820 South Carolina. 1786 The Company for the Inland Navigation from Santee to Cooper River Stat. Ed. of 1838, 541 1787 The Company for opening the Navigation of the Catawba and Wateree Rivers 549 Holmes, Am. An nals, II. 479 The Charleston Insurance Company 1799 The Charleston Water Company The Company for opening a Canal Georgia. 195 196 205 209 None. 1791 The Company for rendering Con- Laws, Rev. of 1797 necticut River navigable by Bel lows Falls 1794 The Company for rendering Connecticut River navigable by Water Queeche Falls 1795 The Proprietors of White River The White River Bridge Company 1796 The First Vermont Turnpike Com pany 1797 The Second West River Bridge Company The Proprietors of Cornish Bridge The Company for locking White The Green Mountain Turnpike Cor 81 134 86 89 93 136 98 100 102 140 poration Trustees for the purpose of promot- Laws of Ky., Ed. 1781 The President, Directors, and Company of the Bank of North America 1791 The President, Directors, and Com pany of Bank of the United N. B. — The Ordinance of 1787, providing for a territorial government northwest of the Ohio River, gave to the territorial legislature general legislative powers, subject to certain restrictions. Laws of the U. S., Ed. 1815, I. 478. This was confirmed in 1789 (under the Constitution). Id., II. 33. Similar provisions were made in 1790, as to the Territory south of the Ohio River. Ibid., 104. These powers were construed as authorizing these territorial governments to grant charters of incorporation, but I have found none creating private corporations for business purposes, though several for educational purposes. Three colleges were thus erected in the Territory last mentioned, in 1794 and 1795. Tenn. Laws, Ed. of 1821, I. 505, 506, 520. igation. ing Nav Improv Mining. SUMMARY OF ALL THE ACTS OF INCORPORATION FOR PRIVATE BUSINESS PURPOSES GRANTED BEFORE 1800, ACCORDING TO THE FOREGOING LIST. tion. Emigra Aid of merce. Com Canal. ground. Burying Bridges. 1 1 2 ΧΙ PLEADING IN CIVIL ACTIONS 1701-1901 BY SIMEON E. BALDWIN, M.A., LL.D. Ar the outset of the eighteenth century suits were brought with little formality. The paucity of the bar, and perhaps its ignorance, were in this the safety of the community. The precedents of English pleading were more and more followed as the century advanced, and became thoroughly fastened upon us, by its close. Antiquated in English England, their only justification here was that precedent. they came to us as a part of an entire system of rights and remedies which we were as yet unable to readjust into something better. What changes we made, or for the next fifty years were to make, were mainly a concession to the inability of our lawyers generally to master the technical procedure by which the material points in dis- Early Ameripute in any controversy could be brought into can changes. clear view, through the forms of the common law. Their chief difficulty was in stating the defence, and bringing clearly out the points or "issues" which it was important to decide. By rules of court or statute they were allowed to allege what they intended to prove, by adding to such a plea as could be put in before an English court an informal and often repetitious and prolix notice that this or that particular fact would also be set up. Many of the more important controversies were still retained within the jurisdiction of the colonial legislatures, and there the proceedings were still simpler. This was particu |