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common law Courts of Pennsylvania. how fara subsequent execution shall pre-
235. 347, 8 vail.

167. 208. 213. 358
EVJETION.
Sce Corrnani. Evidence. Action,

F
EVIDENCE.

FACTOR.
The effect of a voluntary confession,

See Merchant.
in a capital case.

116

FORCIBLE ENTRY AND DE-
Ivacie a record in an action of tres-

TAINER.
pass may be read on the trial of eject-
ment, though the parties are not nomi.

Stating that the prosecutor was dis-
nally the same.

120 srised, necessarily implies a previous sci-
Infancy may be given in evidence on

sin.

212
the plea Ox roi assumpsit:

130

Whether a certiorari operates as a 81-
Where parol evidence may be given persedcas:

214
of a deed, without notice to produce it.

FOREIGN ATTACHMENT,
32

See llachment.
Where parol evidence will be received
to prove; wiat the parties mcalit by a

FOREIGN COURTS.
particular expression in a dieci. IS2

See Jurisdiction. Evidence.
Where parol-evidence may be given,
or not, of natters dehors a deed. 132.

Whether the French Court of Prizes,

152. 340 established at St. Domingo, is a Court of
Relaxation of the strict cominion law conspetent jurisdiction, acc

ccording to the

308
rules of evidence in cominercial cases. law of nations.

· 145

FOREIGN DUTIES.
Nothing that passed before the Judge

See Duties.
on a question.c? bail, is evidence on the
trial, linless clearly admitted by the par-

FOREIGN LAIVS.
ty.

20:5, 6

Sce Ler Loci.
How far a notarial protest of a bili of
exchange is eviilence.

327

FOREIGN SENTENCE
Copy of a manifest, recorded at the

See Evidence.
custom house, and peamined, is good
evidence.'

415

FORFEITURE.
The charter of incorporation must be See Confiscation. Grorgia.
proved; before any corporate act, or in-

Forfeiture for transporting goods frore
strument, can be given in evidence: 415 Maryland, across Delaware to Pennsyl-
The seal of a state proves itself, with:

vania, without permit and report. 28
out the attestation ofany public ofhcer: 116

Tenant by the curtesy initiate has
If a record of a foreign Court of Aci-

not an estate forfeitable by his attainder
iniralty is permitted to be read to the

for treason.

168
jury without objection, it is evidence, not

FRAUD.
only of the grounds of the sentence, but
so far as it exhihits documents, which, if See Illegal Contract. Insurance. Voluntari:
themselves produced at the trial, would

Assignmenis.
be evidence.

4?1

FREIGHT.
In an action of covenant, after eviction
of the grantee, by verdict, judgment and

See Insurance.
execution, 'when the granto: may, or
inay not, give evidence of title. 436. (1)

G
EXECUTION.

GEORGIA.
Goods taken in exccution permitted to The confiscation acts of Georgia art
remain in the hands of the defindant, not repugnant to its constitution.

H

Whether underwriters are liable 10

general average for seamen's wages and
HABEAS CORPUS,

provisions during a detention for quaran-
tinc, or upon capturc.

274
See Practice.

The jury may find damages for a par-
On a Hab. Corp. the Court will only tial loss, though the declaration claimed
inquire whether there is a sufficient pro- for a total loss; and no proof of ari
bable cause for the commitinent. 412, 413 abandonment made.

283
What constitutes barratry. 29.4
I

In the case of a double insurance, tho

insurers 'shall contribute rateably to sa-
ILLEGAL CONTRACT.

tisfy a loss.

3.18. App. xx.xii.
A contract cannot be enforced in a The president of an incorporated in-
court of justice, if contrary to an act of surance company, is a competent wit-
the state, or of congress. 269.298. 308. ness; in an indictment for destroying a

342 vessel at sea, to injure the company. 415

When and how the corporate capacity
IMPROVEMENTS.

of an insurance company must be proved:
See Land.

415
What shall be deemed the destruction
INFANCY.

of a ship at sea, with intent to injure the
Infancy may be given in evidence on insurers.

412
the plea of non-c881mpsit.

130 Where the voyage shall be deemed

broken up, and the assured intitled to
INFORMATION:
abandon for a total loss.

417
Where an information will not lic What lien on ship and: goods consti-
against a judge..

525 tutes an insurable interest, and when the
When a relator must be named in an assured may abandon.

421
application for an information. 229 On an open policy the assured are in-

titled to recovery according to the actual
INJUNCTION.

value of the property; and not according
Reasonable notice to be given of mo-

to its cost.

430
tions for an injunction, as well on appli-

When the assured may abandon, and
cation to the court, as to a single judge. I

claim for a total loss, by capture. .446
What is reasonable notice of an appli-

.A cargo was carried, upon contract, to
cation for an injunction.

a foreign port, and there tendered to the
When injunction is dissolvible of consignee; but the government of the

3. (1) pluce, refusing permission to land it, it
A state not being a party to an eject. was brought back again: Held that the
ment in the circuit court, nor interested freight was earned; and that the assured,
in the decision, is not intitled to an in- in a policy on freight, could neither re-
junction from the supreme court, on a

cover for a total; or a partial; loss.

455
general claim of soil and jurisdiction. 3

Freight paid in advance is an insurable

interest; is liable to an average loss; and
INSURANCE.

the assured, in a policy, on freight ad-

vanced, may recover an average loss,
See Evidence.

arising from the payment of salvage. 459
The underwriters upon freight are lia- What lien on goods, is an insurable in-
ble for the extra expenses of seamen's terest; but if the goods themselves are
wages and provisions, during an em: insured by the person claiming the lien,
bargo.

246. 274 as agent for the owner of the goods, he
When and how an abandonment may cannot recover on a capture and restitu,
be made.

272 tion of the goods to the owner, who does
What will constitute a deviation, 274, not satisfy the lien,

463

1, 2

course.

cases.

INTEREST.

a foreign country, it is not murder cog-
An incident of every judgment in nizable by the courts of the United
Pennsilvania.

251
States, under the act of congress.

426
In what cases interest allowed. 286.

Extent of the admiralty jurisdiction.
389, 391

App. i.

Whether the Federal Courts have a
INTESTATE.

common law jarisdiction in criminal
See Administrator. Action.

426. Anp. xxvi.
When a person dies intestate, without

See Foreign Courts. Lex Loci. Evidence.
lawsul issue, and leaving no father or

JUROR.
mother, brothers or sisters, how the real
estate shall descend.

64 See Practice. Challenge. Alien.
INTRUDERS.

L
See Land. Connecticut. Intruders.

LAND.
JOINT OBLIGATIONS.
The surviving obligee is intitled to the

Whether land can be sold by virtue
possession of joint obligations, to recover

of a judgment, without a Sci. Fa. against
the amount
354 the terre tenants ?

119
Whether land is liable for testator's
JUDGMENT.

debts, after being aliened by the heir at
Ca. Sä. extinguishes the lien of a
law, bona fide and for a valuable consi-

119
judy ment upon the lands of the debtor. deration?

214

The effect of Blunston's licences, of
interest is a legal incident of every improvement rights, of applications, sur-
judgment in Pennsylania.

251 veys, Sic. in giving title to land. 120. 122.
Priority of judgments.

320

210. 218. 222
Purchaser under a sale of land by or

An award of referecs cannot give a ti-
der of the orphan's court, takes it dis- tle to land, but it may settle a dispute

120
charged from the lien of judgments. 450 about land.

Though title to land cannot be ac-
JURISDICTION.

quired by parol agreement, the agree-

'ment is gond, and damages may be re-
Judgment reverscd, because the citi-

covered for a breach of it.

152
zenship, or alienuge, of the parties did not

Cases respecting settlements, improve-
appear on the record.

7, 8.1 3
The yalue of an estate allowed to be under the act of April, 1792. 161. 170.

ments, warrants, surveys, and patents,
proved by affidavits, in order to sustain

209. 237. 363, 392
the jurisdiction of the S.-C..on a writ of

The right of use, &c. to water courses.
20

211
A fictitious conveyance of land, to give
jurisdiction to the Federal Court, detect- sioners sales

Irregularity and frauds at commis-

218
ed, and the suit dismised.

330

City lots cannot be located as vacant
But a voluntary conveyance is good, land.

292
though it gives jurisdiction, if the party
had a right to it.

338. (2) LANDLORD AND TENANT.
Where the circuit court of the U. S.

A Certiorari does not operate as a sue
has no jurisdiction in a qui tam action on
the act prohibiting the slave trade. 342 persedeas under the landlord and tenant

act.

214
• What facts make citizensnip, so as to
exclude the fcderal jurisdiction. 360

LEGACY
When the mortal blow is given at
ea, and the death happens on shore, iu

See Will

error.

LETTERS OF CREDIT.
Where the contract of the captain of

4
The use and obligation of letters of a ship, in a foreign port, will bind the
credit.
133 owner personally.

225
Merchant accepting a consignment,
LEX, LOCI.

is bound to pursue the orders that accom-
When the lex loci shall govern the pany it.

389
contract.

327. 419

MESNE PROFITS.
LIEN.

Whether mesne profits can be recover-
Whether debts of the testator are a ed in ejectment by way of clamages. 138
lien upon his lands in the hands of a bona
fide purchaser from the heir ?

119

MONTHS.
Mortgaged lands sold under a judg- When the legislature speaks of months
ment and execution, the mortgage re-

generally, calendar months are meant.
mains a lien.
151

143
How far the lien of an execution levi.
ed is lost by allowing the goods to re-

MORTGAGE.
main in the hands of the defendant. 167. Lands mortgaged, being sold under a

208. 213 judgment and execution, are nevertheless
A ca. sa. extinguishes the lient of a liable to the mortgage.

151
judgment upon the land of the debtor, or A purchaser, having notice of a mort-
its proceeds at a sheriff's sale. 214. gage, is bound by it, though it was never
The purchaser of land sold by order of recorded.

145
an orphan's court, takes it discharged
from the lien of judgments.

MURDER.
450

What facts amount to manslaughter,
LIMITATIONS.

and not murder, and vice versa. 125. 145
Where an ejectment is well brought,

When the mortal blow is given at sea,
within the six months, allowed to appeal and the death happens on shore, in a fo-
from the board of property.

154 reign country, it is not murder cogniza.

ble by the Courts of the United States,
LIQUIDATION
under the act of Congress.

426
See Duties.

N
M

NEW TRIAL.
MANOR.

When granted.

- 112. 315. 391
See Springet&bury Manor.

NOTARIAL PROTESTS.
MANSLAUGHTER.

See Evidence.
See Murder.

NOTICE.
MARRIAGE SETTLEMENTS.

See Injunction.
Where instruments executed aster
marriage, shall be valid, or not, as settle-

What is due notice of the protest of
ments, against creditors. 304, 305 (1) promissory notes in Pennsylvania. 109.

127. 151. 163
MASTERS OF SHIPS.

Notice to produce deeds, where ne-
See Merchant.
cessary, or not.

132
Notice of default of a debtor, where
MERCHANT.

not necessary to be given to the gua-
One factor for several merchants, re- rantee.

133
mits one bill on account of all, sending to A purchaser, with notice of a mortgage,
each a draft on the fund for his share, it is bound by it, though the mortgage was
is a good execution of his trust, 136 never recorded.

14:5

ror.

What want of notice shall be deemed the sum requisite to sustain a writ of er.
2-waiver of dower.

300

20. 25. 22. 27
How notice of an equity between the

A writ of error not returned to the pro-
original parties, may affect the assignee per term is a nullity.

21
of negotiable naper, or an assignable A writ of error will only lie on a final
bond.
370 judgment.

22
A removal from the circuit, to the su-.
O

preme court, must be by writ of error;
not by appeal.

22
OYER.

Amendments where allowed. 12, 13.
Though profert is made of a deed, if

25
oyer is not prayed, the deed is not consi-

Objections to the regularity of pro-
dered to be on the record.

436 ceedings in a writ of partition. 67
ORPHAN'S COURT.

Privilege of a member of assembly,
when to be claimed.

107
See Administrator. Judgment.

Action of debt against executors, on
P
a simple contract, when maintainable.

108.
PARTITION.

New trials, when granted. 112
Objections to the regularity of pro; a judgment without a scire facias against

Whether land can be sold by virtue of
ceedings on a writ of partition.

the terre tenants ?
PARTNERS.
Infancy may be given in evidence on

130
Assumpsit will not lie by a surviving the plea of non-assumpsit.
partner against the administrator of the

An appeal dismissed, it not appearing
deceased partner, upon an unsettled ac-

that the orphan's court had pronounced.
a definitive decree.

160
count.

434

Permitting goods levied upon by exe-
PENALTY.

cution to remain in the hands of the de-
Where the party may sue for dama- shall prevail.

fendant, how far a subsequent execution

167
ges beyond the penalty of the contract.

If issue is joined on the pleas of non-
149

assumpsit, and payment, whether the

defendant
PERJURY.

may strike out the former plea,
at the time of trial.

205. (25)
See Bankrupt.

Stating the prosecutor, in a forcible

entry and detainer, was disseised, ne.
PILOT.

cessarily implies a previous seisin. 212
The owner of a ship doing damage to When the plaintiff is too late to strike
another, is liable, though the ship was in off a rule of reference, and discontinue
charge of a pilot.
206 his suit.

222

Time for tendering a bill of exceptions
PLEAS AND PLEADINGS.

to the charge of a court.

249
See Practice.

· Release of drawer of a note from a ca.
sa. discharges the indorser.

275
PRACTICE.

A plea to debt on arbitration bond, en-
Rule as to injunctions.

1.3 tering into the merits of the original con-
Service of a subpæna in a suit in troversy, is bad.

284
equity.

6 Wher a certiorari shall be allowed for
Non-pros for not appearing on a writ the removal of an indictment from the
of error.

6

quarter sessions, into the circuit court.
Jurisdiction not apparent on the re-

302
cord.

7. 8. 13 A certiorari to remove an indictment
Value of an estate to be proved by af- from the quarter sessions to the circuit
fidavit, in order to show it amounts to court, was directed to the justices of the

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