In the first precedent under this title I have endeavoured, by introducing various modes of expression, to shew how far the law has dispensed with technical words in favour of the intention of the testator. But I would by no means recommend a reliance on the indulgence of a court, whose decisions may vary (even after extending the utmost latitude allowed by the law in favour of the devise) materially from the real intention of the testator. It should, therefore, always be a fixed rule to ascertain by some mode of expression the quantity and quality of the estate devised. Technical words, it is true, are not necessary in a will; but where they are not used, some words of limitation must be added, otherwise the law presumes the testator meant to convey an estate for life only, and the heir at law will inherit.

See the case in Cowper 657. Also Cowp. 238.

But see now the cases of Kennon v. Mc Roberts, 1 Wash. 96, Wyatt v. Sadler and others, and Johnson v. Johnson and others, decided at the April term of 1810, of the supreme court of appeals, of Virginia, and will probably be reported in the 5th vol. of Hen. & Munf. Reports. See also the case of Lambert's lessee v. Payne, in the supreme court of the United States, reported in 3 Cranch, where the former decisions are considerably shaken, and a fee held to pass, un der a devise which formerly would not have carried a fee.

APPENDIX, No. II.

TO THE

NEW VIRGINIA JUSTICE, &c.

CONTAINING

THE DUTIES OF A JUSTICE OF THE PEACE,

ARISING UNDER THE

LAWS OF THE UNITED STATES.

THE jurisdiction of a justice of the peace, in offences committed against the United States, is authorised by an act of September twentyfourth, 1789 (Laws U. S. vol i. p. 72, sect. 33) which enacts, "That for any crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any justice of the peace, or other magistrate of any of the United States, where he may be found, agreeably to the usual mode of process against offenders in such state, and at the expence of the United States. be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States, as by this act has cognizance of the offence: and copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case; which recognizances the magistrate, before whom the examination shall be, may require, on pain of imprisonment And if such commitment of the offender, or the witnesses, shall be in a district other than that in which the of fence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute, a warrant for the removal of the offender, and the witnesses, or either of them, as the case may be, to the district in which the trial is to be had. And upon all arrests in criminal cases bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a

judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law. And if a person committed by a justice of the supreme or a judge of a district court, for an offence not punishable with death, shall afterwards procure bail, and there, be no judge of the United States in the district to take the same, it may be taken by any judge of the supreme or superior court of law of such state."

By the ninth section of the above recited law, the district courts of the United States have, "exclusively of the courts of the several states, cognizance of all crimes and offences that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months is to be inflicted."

By the eleventh section, the circuit courts of the United States have "exclusive cognizance of all crimes and offences, cognizable under the authority of the United States (except where it is otherwise directed by the said act, or the laws of the United States otherwise provide) and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein."

ACCESSARIES. See PIRACY.

AMBASSADORS.

BY the act of April thirtieth, 1790 (Laws U. S. vol. i. p. 110, sect. 25.) "If any writ or process shall at any time hereafter be sued forth or prosecuted by any person or persons, in any of the courts of the United States, or in any of the courts of a particular state, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorised and received as such by the president of the United States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void, to all intents, constructions and purposes whatsoever."

Sect 26. "In case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attornies or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the laws of nations, and disturbers of the public repose, and imprisoned, not exceeding three years, and fined at the discretion of the court: Provided, that no citizen or inhabitant of the United States, who shall have contracted debts prior to his entering

into the service of any ambassador or other public minister, which debts shall be still due and unpaid, shall have, take, or receive any benefit of this act; nor shall any person be proceeded against, by virtue of this act, for having arrested or sued any other domestic servant of any ambassador, unless the name of such servant be first registered in the office of secretary of state, and by such secretary transmitted to the marshal of the district in which congress shall reside, who -shall, upon receipt thereof, affix the same in some public place in his office, whereto all persons may resort, and take copies, without fee or reward."

Sect. 27. If any person shall violate any safe conduct or passport duly obtained and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person, so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court."

BAIL.

FOR admitting to bail, in a criminal offence, see the first page of this Appendix.

"In all cases in which suits or prosecutions shall be commenced for the recovery of pecuniary penalties, prescribed by the laws of the United States, the person or persons, against whom process may be issued, shall be held to special bail, subject to the rules and regulations which prevail in civil suits, in which special bail is required." Laws U. S. vol. ii. p. 180, sect. 3.

The clerks of the district and circuit courts, in the absence, or in case of the disability of the judges, may take recognizance of special bail, de bene esse, in any action depending in either of the said courts. Ibid p 109, sect. 10.

Bail for appearance in any court of the United States in any criminal cause, in which bail is by law allowed, may be taken by any judge of the United States, any chancellor, judge of a supreme or superior court, or chief or first judge of a court of common pleas of any state, or mayor of a city, in either of them, &c. Not to extend to the allowance of bail, where the punishment is death, nor to abridge any power heretofore given by the laws of the United States to any description of persons to take bail. Ibid. p. 227.

How bail may be relieved, where the principal is committed to jail in another district. Ibid. vol. iv. p. 492.

In what cases to be given, on removing a cause from a state court, to the circuit court of the United States. See Laws. U. S. vol. i. p. 56, sect. 12.

BRIBERY.

BY the Laws of the United States (first congress, second session, ch. 9, sect. 21.) If a person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment or delivery of any money, present or reward, or any other thing, to obtain or procure the opinion, judgment or decree, of any judge or judges of the United States, in any suit, controversy, matter or cause, depending before him or them, and shall be thereof convicted, such person or persons, so giving, promising, contracting, or securing to be given, paid or delivered, any sum or sums of money, present, reward, or other bribe as aforesaid, and the judge or judges, who shall in any wise accept or receive the same, on conviction thereof, shall be fined and imprisoned at the direction of the court, and shall for ever be disqualified to hold any office of honour, trust, or profit, under the United States."

The penalty for bribery in an officer of the customs is a fine not less than two hundred dollars, or more than two thousand, and the same in the person giving the bribe. See Laws U. S. (first congress) ch. 35,

sect. 66.

CITIZENSHIP. See NATURALIZATION.

CLERGY. [BENEFIT OF]

BY the Law of the United States of April thirtieth, 1790 (vol. i. p. 113.) "The benefit of clergy shall not be used or allowed upon conviction of any crime, for which, by any statute of the United States, the punishment is or shall be declared to be death."

COIN.

THE following table of coins, as established by act of congress, is selected from the laws of the United States (second congress, first session, ch. 16, sect. 9. Laws U. S. vol. ii. p. 40. Ibid. p. 158. Vol.