iii. p. 224.) The penalty for counterfeiting coins may be seen under title COIN, in the body of this work. Proportional value of gold to silver is, fifteen to one. 10 mills make 1 cent-10 cents disme-10 dismes 1 dollar. For the penalty for counterfeiting current coin of the United States, see Laws United States vol. viii. p. 149.) That act not to deprive the state courts of jurisdiction. Ibid. p. 151, sect. 4. COPY-RIGHT. AS to the mode of securing copy-rights to books, maps, &c. see Laws United States, vol. i. p. 118, and vol. vi. p. 114. COUNTERFEITING. FOR the offence of counterfeiting notes of the bank of the United States, see Laws United States (vol. iv. p. 152. amended, vol. viii. p. 257.) The first mentioned law is remarkably defective. Counterfeiting public securities of the United States. Laws U. S. vol. i. p. 105, sect. 14. CRIMINALS. CONGRESS, by a resolution of the twenty-third of September, 1729, recommended it to the legislatures of the several states, to permit the introduction of the United States prisoners in their respective jails, allowing for the use of them fifty cents a month. (See Laws U. S. vol. i. p. 362.) And by a resolution of the third of March, 1791, it was provided, that where any of the states had not complied with this request, the marshal should hire a house for the purpose. (Ibid. p. 357) In consequence of the above recommendation, the legislature of Virginia passed a law, making it the duty of the keepers of jails in this state to receive prisoners committed under the authority of the United States. See I Rev. Code, ch. 41, p. 43; amended by ch. 184, p. 342. DISSECTION OF DEAD BODIES. See MURDER. DUTIES. THE laws of the United States, on the subject of duties, are so numerous, and so few of the justices of the peace, from their local situations, could be called on to act in their official character in relation to them, that I have deemed it unnecessary to insert any forms under this title; in the few cases which may occur, precedents can easily be framed. EVIDENCE. BY the Laws of the United States (vol. i. p. 68. first congress, first session, ch. 20, sect. 30.) "The mode of proof by oral testimony, and examination of witnesses in open court, shall be the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty, and maritime jurisdiction, as of actions at common law. And when the testimony of any person shall be necessary in any civil cause, depending in any district court of the United States, who shall live at a greater distance from the place of trial tha: one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of such district, and to a greater distance from the place of trial than as aforesaid, before the time of trial, or is ancient or very infirm, the deposition of such person may be taken de bene esse before any justice or judge of any of the courts of the United States, or before any chancellor. justice or judge of a supreme or superior court, mayor or chief magistrate of a city, or judge of a county court, or court of common pleas of any of the United States not being of counsel or attorney to either of the parties, or interested in the event of the cause; provided that a notification a) from the magistrate, before whom the deposition is to be taken, to the adverse party. to be present at the taking of the same, and to put interrogatories, if he think fit, be first made out and served on the adverse party or his attorney, as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance after notified, not less than at the rate of one day. Sundays exclusive, for every twenty miles travel. And in causes of admiralty and maritime. jurisdiction, or other cases of seizure, when a libel shall be filed, in which an adverse party is not named, and depositions of persons circumstanced as aforesaid shall be taken before a claim be put in, the like notification as aforesaid shall be given to the person having the agency or possession of the property libelled at the time of the capture or seizure of the same, if known to the libellant. And every person deposing as aforesaid shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given, after the same be done only by the magistrate taking the deposition. or by the deponent in his presence. And the depositions so taken shall be retained by such magistrate until he deliver the same with his own hand into the court for which they are taken, or shall, together with a certificate (b, of the reasons as aforesaid of their being taken, and of the notice, if any, given to the adverse party, be by him the said magistrate sealed up and directed to such court, and remain under his seal until opened in court. And any person may be compelled to appear and depose as aforesaid. (c) in the same manner as to appear and testify in court. And in the trial of any cause of admiralty or maritime jurisdiction in a district court, the decree in which may be appealed from, if either party shall suggest to and satisfy the court, that probably it will not be in bis power to produce the witnesses there testifying before the circuit court, should an appeal be had, and shall move that their testimony be taken down in writing, it shall be so done by the clerk of this court. And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction of the court which shall try the appeal, that the witnesses are dead or gone out of the United States, or to a greater distance than as aforesaid, from the place where the court is sitting, or that by reason of age, sickness, bodily infirmity. or imprisonment, they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses where depositions may have been taken therein, such depositions shall not be admitted.or used in the cause. Provided, that nothing herein shall be construed to prevent any court of the United States from granting a dedimus potestatem, to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice: which power they shall severally possess; nor to extend to depositions taken in perpetuam rei memoriam, which, if they relate to matters that may be cognizable in any court of the United States, a circuit court, on application thereto made as a court of equity, may, according to the usages in chancery, direct to be taken." (a) Notification of the magistrate before whom a deposi Whereas A P, of &c. hath this day given information to me, J P, a judge of the county court of [or, if any other office, name it] that B W, of &c. is a material witness for him in a suit now depending in court of the United States, for the district of [mention the court, whether district or circuit] in which the said A P is plaintiff, and C D, of &c. is defendant, and that the said B W resides at a greater distance from the place of trial than one hundred miles; for, if the witness is in any other manner circumstanced which will authorise the taking of his deposition under the above recited law, mention it] and the said A P having made application to me to take the deposition of the said B W, de bene esse, pursuant to the act of the congress of the United States in that case made and provided; these are to give you notice, that I shall proceed to take the deposition of the said B W, on the day of next, at the house of in the town (or county) of between the hours of ten in the morning and six in the evening of the same day, when and where you may be present, to put interrogatories, if you think fit. hand, this day of in the year dependence of the United States of America the To C D, of &c. Given under my and of the in JP. (b) Certificate of the magistrate, to be inclosed to the court, together with the deposition. I, JP, a judge of the county court of in the state aforesaid, [or other office, as the case may be] do hereby certify, that the deposition of B W, of &c. herewith sent, was taken by me according to law, at the request of A P, of &c. who alledged that the said B W was A copy of this notice should be served on the adverse party, within the time limited by the above recited act, and on the back of the notice itself, a certificate should be made by a magistrate, to the following effect, viz. personally appeared before me, J P, a jusin the state of and made last, he delivered to the within named Given &c. J. P. to wit. This day tice of the peace for the county of oath, that on the day of CD a true copy of the within notice. a material witness for him, in a cause now depending in the court of the United States for the district of wherein the said A P is plaintiff, and C D is defendant, and that the said B W lived at a greater distance from the place of trial than one hundred miles (or, if for any other reason, mention it] and I do moreover certify, that I directed a copy of the within notice to be served on the said C D, which appears to have been done, from a certificate on the back of the notice now inclosed. Given under my hand, this day of the year America the Το in and of the independence of the United States of JP. (c) Summons for the witness to appear before the magis trate, to be examined. ? In the court of the United court [name the court] Between A P, plaintiff, States for the district of and CD, defendant, S Whereas, in pursuance of the act of Congress of the United States, in that case made and provided, A P, of &c. hath made application to me, JP, a judge of the county court of [or other office] to take depositions of the witnesses, whose names are hereunto subjoined, he, the said A P, having given me information that their testimony was material in a cause now depending in the of the United States for the district of in which the said A P is plaintiff, and C D is defendant, and that the said witnesses live at a greater distance from the place of trial than one hundred miles [or, if for any other reason, name it] these are to will and require you personally to be and appear before me, on the day of next, at the house of in the town (or county) of between the hours of ten in the morning and six in the evening of the same day, then and there to be examined, and to testify your knowledge for and on behalf of the plaintiff; and you are then and there to attend, and not to depart until you have been examined on the part of the said plaintiff: And herein you are not to fail. Given &c. To B W, CW, &c. JP. Of the authentication of public acts, records, office books, and judicial proceedings, in one state, so as to be evidence in another. "The acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto : That the records and judicial proceedings of the courts of any state shall be proved or admitted in any other court within the United It seems to be necessary for the magistrate to return to court the notice, with a certificate of the oath of some person thereon, that a true copy was delivered to the adverse party. |