(g) Surviving partners of the firm of Page, Wetherbee & Co. (consisting of themselves and Moses II. Wetherbee, deceased.)
(h) Lynch & Kenney, "private estate of Lynch and copartnership of the firm."
(i) Samuel Morse & Co.
(j) Nash & Ramsdell.
(k) Turner & Wheeler, as copartners and individuals.
(1) Whittier & Warren.
(m) Partners.
Acknowledgment, of agreement to
refer, before Justice of the Peace,
can give him no jurisdiction as
referee, 233.
Action, for money had and received,
for not loading pursuant to
charter party, 282. (See
PLEADING.)
Propriety of bringing but one,
where there are several causes
of action that may be joined,
as consolidation will be com-
pelled, with costs of applica-
tion, in case different course
is pursued, 672.
Agency, extension of, to all acts as-
sumed by agent, 452.
What constitutes a man agent
of owner of a foreign vessel,
so as to enable him to subject
her to lien for supplies, &c.,
496.
Agent, effect of negligence of, as to
water pipes, 227.
of owner of vessel. (See LIEN, MARI-
Agreement, to refer, in contract, val-
idity of, 219. (See INJUNCTION.)
Allegiance, owed by citizens of United
States to their state and the
U.S., 3.
to United States, character of,
661.
Amendment, in
indictment under
Liquor Law of Mass., § 18,
Answer, defendant's right to make
under oath, 89.
in equity, admitting proposal
of complainants, in writing,
for a policy of insurance, and
verbal acceptance thereof by
respondents, effect of, 610.
to bill in equity, in what light
regarded, 610. (See PLEAD-
ING.)
Application of payments. (See PAY-
Appropriation of payments.
MENTS.)
PAYMENTS.)
Arbitration. (See ACKNOWLEDGMENT.)
Arrest, by constable for breach of the
peace, upon view and upon
charge made, 280.
by private person, justification
of, 280.
what amounts to false imprison-
ment under, by private per-
son, 280.
of judgment, motion in, general
verdict on several counts,
some of which are bad, no
ground for, 686.
on charge of felony, by officer
or private person, justifia-
bility of, 143.
Assault. (See INDICTMENT.)
Assault and battery, of private per-
son, in giving in charge one guilty
of breach of the peace, 280.
Assent of creditors to debtor's dis-
charge, effect of withdrawal of, 227.
Assessment. (See MUTUAL INS. Co.)
Assignment, for benefit of creditors,
under Vermont Stat. 1852, notice
necessary under, to debtors on choses
in action, 454.
Attachable property. (See STAT. OF
LIMIT. OF VERMONT.)
Attaching creditors, validity of claims
of, where there is a maritime lien,494.
Attachment of property of defendant,
effect of, where the court has no
jurisdiction of his person, 502.
Attestation. (See WILL.)
Attorney and Client. Interrogatories
permissible in action against
attorney for negligence,
under C. L. P. A., 1854,
§ 51, 646.
right of client to his original
letters, and copies of letters
written by attorney, 401.
Average, general, foundation of rule
as to commission of ship owner upon,
and effect thereon of particular
usage, 387.
Averments, what necessary to support
indictment under 1 U. S. Stat.
at Large, 117, § 22, 76.
what necessary in plea of
foreign law, 170.
Bar of Suffolk, present condition of,
Bates, Strahan and Paul, trial of, 463.
Bates, R. M. (Strahan, Paul and
Bates), application for pardon of,
706.
Belligerents, rights of, to an asylum in
the ports of the United States, 241.
Bible burning in Ireland, 589.
use of Protestant version of, in
public schools, 189.
Bill of lading, conclusiveness of upon
master, 550.
construction of, 223.
Blockade, proclamation of. (See PRIZE
LAW.)
Bond for prison limits, breach of, 228,
Boundary of flats, how assigned, 230.
Bradbury, Judge, removal of from
office, 13.
Bramwell, Baron, 594,
Burden of proof, of illegality, in in-
dictment for assault with dangerous
weapon, 622.
Capture. (See PRIZE LAW.)
Care, on the part of railroad com-
panies, reasonable and ordinary,166.
Case, action on the, for negligence,
effect of negligence on the
part of plaintiff, 570.
right to bring in Maine, for
flowing lands there for mill
in New Hampshire, 584.
Certificate. (See MAGISTRATE.)
Charter party. (See ACTION.)
Choctaw and Chickasaw Union, rights
of members of, 661.
Choses in action. Necessity of notice
to debtors on, under assignment for
benefit of creditors under Vermont
Stat. of 1852, 454.
Civil courts, interference of in eccle-
siastical cases, 427.
Claims. (See COURT OF.)
Collision, at sea, law of, conflict of
English and American au-
thorities upon, 181.
duties of sailing vessels to avoid,
one being close-hauled and
the other going free, 678.
liability of a steamboat for, when
towing one of the vessels that
come in contact, 553.
in a river, between a vessel at
anchor and another in mo-
tion, 185. (See SHIPS AND
SHIPPING.)
Colored seamen, right of to wages
until arrival at port of dis-
charge, 94. (See PORT OF
DISCHARGE.)
Commercial Law of England and
Scotland. (See LEADING CASES.)
Commissioner, necessary qualification
of for issuing warrant under
Fugitive Slave Law, 9 U. S.
Stat. at Large, 462, 76.
in insolvency, record of, court
of, 227,
Common Bench Reports, Scott's, 656.
Carriers. (See RAILROAD
Law Courts, equitable powers
conferred on in England,
Law Procedure Act, 1854.
(See TRESPASS, INTERROGA-
TORIES, ATTORNEY AND CLI-
ENT.)
Condemnation. (See PRIZE LAW.)
Conflict of Laws. (See CASE, ACTION
ON THE.)
Confusion of goods. Facts sufficient
to prove, 210.
Consignee, liability of, for demurrage,
223.
Consolidation of Actions. (See Ac-
TION.)
Consul, American. Power of, to take
seamen from vessels in for-
eign ports, for criminal con-
duct, 683.
effect of certificate of, to the
fact of so doing, 683.
effect of advice of, to master of
vessel on such point, 683.
Contract, in writing. Admissibility
of parol evidence to prove
omission in, 99.
effect of agreement in, to refer
future difference, 219.
effect of, to displace claim for
salvage compensation, 151,
497.
effect of objection of contract-
ing party, to imperfect part-
performance, where there
was an agreement for deliv-
eries at several times, 644.
Oral, to make a policy of in-
surance, enforcement of in
equity, 610.
Action of, effect on, of judg-
ment in prior action of tort,
on same cause of action, 233.
Conversion of real property into
money, effect of, on equitable rights
of parties, 230.
Conviction, sufficiency of improper
rejection of evidence as a ground
for quashing, 404.
Corporation, liability of, for acts of
agents within the apparent
scope of their authority, 561.
difference in liability of, as to
strangers and others, 561.
(See NOTICE.)
Costs. (See ACTION.)
Counterfeit coin, charge of uttering.
Admissibility of evidence of subse-
quent uttering of counterfeit coin
of different denomination, to prove
guilty knowledge, 404.
Counts, effect of some among several
in a declaration being bad. (See
ARREST OF JUDGMENT.)
Court of Claims. General view of,
406.
jurisdiction of, 407.
practice of, 408.
expenses of, 409.
rules of practice of, 234, 470.
rules of decision and duties of,
626.
of Common Pleas, Massachu-
setts. Transfer of the busi-
ness of, to the Superior
Court, 411.
Covenant, against incumbrances. (See
EVIDENCE.)
as to use of water, construction
of, 396.
in lease. (See LANDLORD AND
TENANT.)
Criminal cases, presumptions in,
481.
information. (See LIBEL.)
law, points in, 174.
Cross-examination. (See EVIDENCE.)
66*
Curtis, George T., Commissioner in
the case of Sims, action of, 6.
Custom, to take water, goodness of,
174.
Damage, special, necessity of alleg
ing in an action of slander, 686.
Damages, measure of, in mercantile
transactions, 514. (See SEAMEN,
SHIPPING ARTICLES.)
Debt, action of, for penalties under
stat. U. S. 1790, c. 56, § 1, declara-
tion sufficient in, 672.
Declaration, of war. (See PLEADING.)
of testator, as to meaning of
clause in his will, admissi-
bility of, 505.
(See DEBT, ACTION OF, EVI-
DENCE.)
Deed, extent of land in Vermont con-
veyed by, described as "north half
of a lot," proved to be rectangu-
lar, and its sides corresponding with
points of the compass, 566.
Defendant, validity of judgment
against, when non-resident
of the state, not in court, or
not served with process, 502.
validity of notice to, by publi-
cation of the pendency of te
suit, 502.
Delay, effect of on lien, 91.
what reasonable, 91.
Deliveries at several times. (See CON-
TRACT.)
Demurrage. (See CONSIGNEE.)
Deponent, oath of, necessity of exact
conformity of, to stat. provision in
Maine, 502.
Devise, to wife for life, then to the
children and the heirs of their bod-
ies respectively, effect of, 230.
Digest, Pratt's Eng. Courts of Com-
mon Law, Exchequer, Exchequer
Chamber and Nisi Prius, 1854, 119.
Discharge, of contract for deliveries
at several times. (See CoN-
TRACT.)
of seaman or officer, propriety
of, 433.
District of Columbia, laws of, Thomp-
son's Abstract, 179.
Easement, privilege to take water from
a well, held to be a mere, 174.
Ecclesiastical law in America. (See
MANDAMUS.)
Electric Telegraph Companies. (See
TELEGRAPH COMPANIES.)
Ellenborough, Lord, sketch of, 73.
English Common Law Reports, vol.
lxxviii. 119.
English Decisions, late, 174.
English Law and Equity Reports, vol.
xxv., 1853-4, 57.
Equitable powers conferred on com-
mon law courts in England, 547.
Estate tail in remainder, liability of,
to debts of tenant in remainder,
230.
Estoppel, what estops vendor in an ac-
tion of replevin, to deny prop-
erty in the purchaser, 210.
when applicable in a writ of
entry, 233.
Evidence, of contrary usage, effect of,
on claim of mackerel fisher-
men to be cured at the ex-
pense of the ship, 96.
admissibility in, of mortgages
acquired by a tenant since
commencement of action, a
writ of entry, 230.
admissibility in, of declarations
of wife as to causes of leav-
ing her husband, in an ac-
tion against husband for her
support, 233.
admissibility in, of declarations
of deceased tenant against
his interest, 335.
admissibility in, of declaration
of testator as to meaning of
clause in his will, 505.
admissibility in, of letter of ap-
plicant for a policy of insu-
rance, in suit in equity to
enforce contract to make such
policy, 610.
admissibility in, of brokers'
accounts of sales of notes of
the U. S. Treasury, to prove
depreciation of such notes,
626.
in criminal cases, general view
of, 481.
direct and circumstantial, dis-
tinction between, 483.
proof necessary to sustain
counts for slander and for
libel, 699.
parol, necessity of admitting
entire, if admitted at all, 101.
parol, admissibility of, to
prove contract for voyage
different from that contained
in shipping articles, 433.
admissibility of, to impeach
a contract by showing it to
be in violation of law, 435.
parol, admissibility of, in law
and equity, to take away
from the effect of a covenant
against incumbrances, 566.
application of judiciary act,
§34, 1 U. S. Stat. at Large,
92, adopting state laws as
to, 155.
secondary, admissibility of, 397.
presumptive. (See PRESUMP-
TIONS.)
rule of convenience of Treasury
of United States not regard-
ed as, in court of law, 626.
right of cross-examination of
witness called by one of two
jointly indicted, 174.
improper reception of, effect of,
on conviction sustained by
other evidence, 404.
(See CONTRACT, WRITTEN; ORI-
GINAL DOCUMENTS, COUNTER-
FEIT COIN, STOLEN GOODS,
WITNESS.)
Exchequer Reports, Fish's Digest of,
False imprisonment. (See ARREST.)
False pretences, effect of giving
credit to prisoner instead of his
supposed principal, 402.
Felonious receipt of stolen goods. (See
STOLEN GOODS.)
Felony, charge of, what justifies ar-
rest for and by whom arrest may
be made 1, when no felony has
been committed, 143; 2, when felo-
ny has been committed, 144.
Female seamen, rights and disabili-
ties of, 672.
Flats. (See BOUNDary, Mesne Prof-
ITS, OCCUPATION.)
Foreign enlistment in United States.
(See NEUTRALITY LAWS.)
Foreign law, plea of, averments ne-
cessary in, 170.
Foster's (N.H.) Reports, vol. v., vi.,
vii. 58, 179, 538.
Fugitive Slave Law of 1850, consti-
tutionality of, 20.
Gibson, C. J., Porter's Life, &c. of,
535.
Guarantee, construction of, continu-
ing or limited, 520.
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