Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the ...

ersed.

"Fictio" of the

Citizenship of Corporations.
Roman Law. Corresponding Fictions in the English Law.
—Legal Presumption of the Citizenship of Members of a Cor-
poration. How to aver the Habitat of a Corporation.
Corporations acting in different States. - Corporations char-
tered by different States. Assignee of a Chose in Action..
Foreign Bills of Exchange. — Necessary and Unnecessary
Parties. Voluntary Appearance. -Removal of Suits from
State Courts. Remanding Cases improperly removed

LECTURE VI.

Removal of Cases from State Courts. - Jurisdiction of the Cir-
cuit Courts on Account of the Subject-matter. - Where the
Party to the Suit is created by an act of Congress. — Patent
and Copyright Cases. Suits arising under Revenue Laws.
- Suits by and against National Banks. - Distress War-
rants against Public Accountants. Writs of Habeas
Corpus, Scire Facias, and Mandamus. — Equity Jurisdic-
tion. Injunctions and Restraining Orders

LECTURE VII.

Jurisdiction of Circuit Courts continued. - Writs of Ne Exeat
and Injunctions. -Contempts. —Suits to recover Duties on
Taxes illegally assessed. — Offences against Civil Rights. —
Intimidation of Jurors. - Frauds in procuring Naturaliza-
tion Papers. Removal of Suits on Account of Subject-
matter. — Appellate Jurisdiction of Circuit Courts over
Final Decrees and Judgments of District Courts. - Bank-
ruptcy Proceedings

LECTURE VIII.

Rules of Decision, in Trials at Law. How the Law of a State
is to be ascertained. — Finality of State Decisions. — Ques-
tions of Commercial Law and General Jurisprudence. -
Cases in which the Obligation of a Contract is involved.
Conflicting Decisions of a State Court. - Rules of Decision
in Equity, and in Admiralty. — Pleadings and Practice at

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Law.

- Practice in Equity. - Trials of Facts by the Court,

on Consent of Parties. - New Trials. - Technical Non-

suits not allowed. - Supersedeas .

LECTURE IX.

Rules of Evidence in Civil Cases. Competency of Wit-

nesses. - Process to compel Attendance of Witnesses. -

Cross-Examination. - Rules for the Examination of Wit-

nesses in Equity and Admiralty. - Depositions taken de

bene esse.

Commissions to take Testimony. - Notice to

the Opposite Party. Production of Books and Papers.

Formation of Grand and Petit Juries. - Challenges of Ju-

- Defects in Indictments. - Verdicts of Guilty for

Offences of a less Grade than that charged in the Indict-

ment. Verdicts against part of Joint Defendants. ·

Rules of Evidence in Criminal Cases. Concurrent Juris-

diction. Exclusive Jurisdiction. Limits of State Ju-

risdiction. - Patent and Copyright Cases. — Trade Marks

rors.

LECTURE X.

- Contracts and Torts.

Nature of the Admiralty Jurisdiction. -Its Extension be-

yond the Ebb and Flow of Tide.

What Contracts are cognizable in Admiralty. — Affreight-

ments, Passengers, Wages, Bottomry and Respondentia

Bonds, Insurance. - Jettisons and General Average Con-

tributions, Salvage, Consortships, Ransoms, Surveys

LECTURE XI.

Admiralty Jurisdiction continued. - Disputes between Part-

owners. Petitory and Possessory Suits. — Liability of

Owners for Torts: Ancient and Statutory Limitation. — Lo-

cality of Torts the Test of the Jurisdiction. - Remedy in

Personam or in Rem. Collisions. Spoliations. -Aug-

mentations of Force in Neutral Waters. — Captures on the

High Seas. Revenue Seizures. Forfeitures for Viola-

tions of Law. — Prize Jurisdiction. — No Jurisdiction in

Admiralty over Contracts to build Vessels, or to supply

Steam-engines, or to enforce Mortgages, or over Ac-

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counts between Part-owners (excepting as an Incident), or
over Trusts or Equitable Titles, or to decree Specific Per-
formance, or over Set-offs. Sources of the Admiralty
Jurisprudence. In what Sense the Admiralty is a Court
of Equity. The General Maritime Law, how adopted.
Acts of Congress make Part of the Admiralty Law.
Limitations of Actions. - Modes of Proof and Rules of
Evidence. Sources of the Law of Prize. — Evidence in
Prize Causes. Further Proof. - Pleadings in Admiral-
ty. Amendments. - Death of Parties pendente Lite