after the rule is given to plead. In the case of essoign declarations the practice has been that the judgment cannot be signed until the opening of the office in the afternoon of the fifth day after the rule to plead is served, but in other cases in the morning. Littledale, J., concurred. 1824. DUNCAN 0. CARLTON. Rule absolute. In the matter of Monday, admitted to COTTINGHAM moved that a defendant be committed A defendant to the custody of the Marshal upon an attachment for an bail upon an alleged contempt, in order that he might be examined on attachment, though a deinterrogatories. The prosecutor had been served with no- fective notice tice of bail, but the notice being defective in point of form, of bail had he contended that it must be treated as a nullity, and there- the prosecutor. fore the defendant must go into custody. The COURT, however, said, that as the objection was very strict, and obviously taken for the purpose of keeping the man in prison, they would, of their own authority, admit him to bail, as his sureties were in court. The defendant was admitted to bail accordingly, and sworn to answer to interrogatories. been served on Monday, ejectment set signed too aside because UPON a rule to shew cause why the judgment in this Judgment in ejectment should not be set aside for irregularity, it appeared that the defendant's plea ought to have been filed on the 16th inst.; search was made at the office on the 17th, when it was not filed, and on the 19th judgment was signed as for want of a plea. soon. 1824. DOE v. HEDGES. The COURT held that the judgment was irregularly signed, and therefore made the Rule absolute. C. Cresswell for the plaintiff; Chitty for the defendant (a). (a) Vide Hyde v. Thrustout, Sayer, 303. Monday May 31. A person born in the United States of DOE, on the several demises of PHILIP THOMAS, Esq. and FRANCES MARY, his Wife, and of SAMUEL MARTIN, v. WILLIAM ACKLAM. EJECTMENT to recover the possession of certain messuages, with the appurtenances, situate in the parish of America since Saint Mary, in the town and county of Kingston upon Hull.-Plea, not guilty. the treaty of 1788, by which those states were at the Summer Assizes, At the trial before Abbott, C. J. 1822, for the county of York, a acknowledged verdict was found for the plaintiff on the second count of by this the declaration, upon a demise laid in the names of Philip free, sovereign Thomas, Esq. and Frances Mary, his wife, subject to the and independ country to be and cannot ent, is an alien, opinion of the Court upon the facts of the case, which were afterwards turned into a special verdict. The facts stated in the special verdict were these: take lands by descent in England. Elizabeth Harrison, in the year 1813, became seised in fee simple, in possession, of part of the premises, and between that year and the year 1818, of the residue of the premises sought to be recovered by this ejectment, and died so seised at Kingston upon Hull, on the 26th November, 1818, intestate, and having never been married, leaving the said Frances Mary, the wife of the said Philip Thomas, her heir-at-law, if the said Frances Mary is entitled to take as heir under the circumstances hereinafter mentioned. Peter Harrison, the uncle of the intestate, and the grandfather of the said Frances Mary, being a natural born subject of this kingdom, left England for America, and resided there for many years, and until the time of his death, in the town of Newhaven, which is in the state of Connecticut in North America, which was at that time one of the British colonies of North America, where he held for many years, and until the time of his death, the office of Collector of his Majesty's Customs. The said Peter Harrison died at Newhaven aforesaid in 1775, and at his death left several children, him surviving; all of whom, except one daughter named Elizabeth, died during the life-time of the said intestate, without leaving any issue. The said Elizabeth Harrison, the daughter of the said Peter, was married on the 22d October, 1781, at Newport, in the state of Rhode Island in North America (which state of Rhode Island was at that time one of the British colonies), to James Ludlow, Esq. a native of New York, which was at that time one of the British colonies, and who was born before the year 1776, and originally brought up to the bar. The said Elizabeth Ludlow died in the United States of America in the year 1790, having had as the only issue of the said marriage two daughters, one of whom died extremely young, and the other of whom, the said Frances Mary, survived her said mother. The said Frances Mary was born at Newport in America, in the state of Rhode Island, on the 4th of February, 1784, after the United States of America were recognized as free, sovereign and independent states, as hereinafter mentioned, and was married at New York, in the state of New York, one of the United States of America, in the year 1807. The said colonies of Connecticut, Rhode Island, and New York, with other colonies in North America, separated themselves from the government and crown of Great Britain, and united themselves together, and on the 4th July, 1776, declared themselves free and independent states, by the name and style of The United States of America. On the 3d September, 1783, his late Majesty King George 3d, acknowledged the said United States of America to be free, sovereign and independent states, and a definitive treaty of peace was signed on that 1824. DOE 0. ACKLAM. 1824. DOE v. ACKLAM. day between his said Majesty and the said United States. The said treaty was then set out at length in, and made part of, the special verdict (a). After reciting a provisional article, signed at Paris on the 30th November, 1782, it contained the following articles : Article 1. His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusett's Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent states; that he, treats with them as such; and, for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof. Article 2. And that all disputes which might arise in future on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries; viz. from the north-west angle of Nova Scotia, namely, that angle which is formed by a line drawn due north from the source of St. Croix river to the highlands, along the said highlands, which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence, by a line due west, on said latitude, until it strikes the river Iroquois or Cataraquy, thence along the middle of said river into the Lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into Lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and Lake Huron, thence along the middle of said water communication into the Lake Huron, thence through the middle of said lake to the water communication between that lake and (a) Vide the Annual Register for 1795. Lake Superior, thence through Lake Superior, northward of the isles Royal and Philapeaux, to the Long Lake, thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods, thence through the said lake to the most north-western point thereof; and from thence, on a due west course, to the river Mississippi, thence, by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the 31st degree of north latitude; south, by a line to be drawn due east from the determination of the line last mentoned in the latitude of 31 degrees north of the equator to the middle of the river Apalachicola or Catahouche, thence along the middle thereof to its junction with the Flint river, thence straight to the head of St. Mary's river, and thence down along the middle of St. Mary's river to the Atlantic ocean; east, by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy, to its source, and from its source directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, comprehending all islands within twenty leagues of any parts of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic ocean, excepting such islands as are now, or heretofore have been, within the limits of the said province of Nova Scotia. Article 3. It is agreed, that the people of the United States shall continue to enjoy unmolested, the right to take fish of every kind on the grand bank, and on all other banks of Newfoundland, also in the Gulf of St. Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundlund as British seamen shall use (but not dry or cure the 1824. DOE 0. ACKLAM, |