opposition to the course now taken by the court. I cannot refrain from so doing, when I reflect, that I am sitting here under a constitution of government to which Rhode Island is a party; and although I have in the course of this opinion, in answering the positions taken in opposition, considered the effect of her legislative acts authenticated under the great seal of the state. Yet it must be distinctly understood, that I utterly deny, and solemnly protest against the doctrine; that the states of this union, the people whereof gave life and being to this court, and under whose delegation we exercise all our powers, are to be considered and treated by us as foreign states, or that their fundamental laws must be first ascertained as facts, by a trial by jury in the circuit court, in order to give us judicial information of the truth of an attestation, made conformably to the constitution.(a) (a) On this case being remanded to the circuit court, there was no verdict taken on the "facts," in relation to the usage of the state; the judges certified a difference of opinion, on the validity of the act of 1792 and the deed made pursuant thereto, and the cause was finally decided by the unanimous decision of the court. That under that law and the deed, the grantees took an absolute title to the property in controversy. 10 Pet. 294, 297. INDEX OF PRINCIPAL MATTERS. ABATEMENT. A suit in equity does not abate by the death of a co-plaintiff or co-defendant. Plea in abatement in suit in equity, nature and requisites thereof, . ABOLITION SOCIETY OF PENNSYLVANIA, ACCOUNT. Where suit at law or bill in equity lies for, and where not, Decree for, limited to six years, Plea to an action or bill for account, Acquiescence in an account rendered makes it a stated one, Accounts against the master of a vessel, when to be rendered, ACCOMPLICE. Vide EVIDENCE. ACQUIESCENCE IN ACCOUNTS. Effect of, 192 414 587 409, 418, 423 418, 495, 569 419, 461 418, 539, 542 418, 540 545, 546 570 418, 539, 542 ACTS. To be performed in execution of a contract, when, by which party, ACTS OF ASSEMBLY. 493, 495 New Jersey.-Acts of 1808 and 1822, relating to fisheries in the Delaware, Act to incorporate the Camden and Amboy Railroad, Co., Pennsylvania.-Act of 1777, adopting the common law, Acts of 1785, 1789 and 1805, relating to special juries, Act of 1789, abolition society, Act of 1772, directing notice to justices of the peace, ACTS OF CONGRESS. Acts of 1792, 1794, 1799, 1810, and 1825, punishing mail robbery, Acts of 1790, 1793, 1800, relating to patents for inventions, 69 365 216 216 309, 315, 317, 320, 325 Act of 1816, punishing forgeries on the bank of the United States, 293, 367, 371, 511, 514, 520 Act of 1789, judiciary act, sect. 29, act of 1802, relating to juries and Act of 1789, sect. 11, jurisdiction of the circuit court, Act of 1789, sect. 32, on amendments, 403, 409 195 Act of 1789, sect. 34, declaring state laws rules of decision, 72, 74, 274, 301, 449 Act of 1790, crimes; act as to murder in a fort and treason, 562, 563 Act of 1790, for the regulation of seamen and recovery of wages, 118, 119 505, 567 579 Acts of 1790, 1804, for the authentication of public acts and records of 608 ACTS OF PARLIAMENT. Statutes 22, 23, 29 Car. 2, for distribution of intestate estates, 181, 187 ACTS OF PARLIAMENT-CONTINUED. Statute 13 Ed. 1, stat. 1, ch. 45, giving a writ of scire facias, Statute 20 Ed. 3, ch. 1, powers of courts, Statute 1, 2 Geo. 4, ch. 76, sea and ship stores, 275 309, 317, 320 Statutes 13 Rich. 2, ch. 5, 15 Rich. 2, ch. 3, 2 Hen. 4, ch. 11, admiralty 548 553 120 Statutes 28 Hen. 8, ch. 15, 27 Eliz. ch. 11, criminal jurisdiction of admi- Statute 33 Ed. 1, challenges to jurors by the crown, Statute Ed. 3, relating to treason, Statutes 3 and 21 Geo. 2, relating to juries, ADMIRALTY JURISDICTION. Vide CASES IN ADMIRALTY. An account for provisions furnished to the owner or commander of a ves- 545, 568 Admiralty jurisdiction is referred to in the constitution as it was re- The rules which regulated it and the cases where it can be exercised, Contracts of seamen for maritime service are in effect maritime contracts, In the United States they are regulated by the act of 1790, which gives The seventh amendment to the constitution excludes the jurisdiction of No account against the vessel is chargeable to the master, unless it is 571 AGENT. Vide PRINCIPAL AND AGENT. The agents of a corporation may be sued in this court, though the corpora- 216 AGREEMENT. Vide CONTRACT. MARRIAGE. 216 216 ALIEN. An alien resident in New Jersey, who holds land under a special law of AMENDMENT. The averment of citizenship of a party may be added at any stage of the . The staleness of a demand, or the want of proper parties, is no objection AMENDMENT TO THE CONSTITUTION. Effect of, ANSWER IN CHANCERY. Vide AMENDMENT. 193 194 289, 290 289, 290 561, 598 A party must rely on the case stated in his bill or answer; if he sets out A general allegation in a bill against an executor, that he retains the money An answer denying the right of a complainant is evidence in favour of a But if he admits the right, and sets up new matter in bar; if he admits ARREST. Vide FOREIGN MINISTER. 491 494 494 491, 495 Arrest defined, The right of bail to arrest principal, 239 Of a master to arrest his servant, apprentice, redemptioner or slave, 577, 581, 590 580 Where may be arrest on commission or suspicion of felony without war- Party arresting in such case is liable in trespass, if the person arrested is 581 |