not allege that the defendants are com-
mon carriers, yet if the facts set out con-
stitute them such in law, it is sufficient
to sustain the action against them as
common carriers.
Idem, 264

3. An express company is to be re-
garded as a common carrier, and its re-
sponsibilities for the safe delivery of the
property entrusted to it, are the same
as that of the carrier. Idem, 264

4. Though the declaration in case does
not allege the duty of the defendants as
common carriers to carry the goods, and
the breach of that duty, if it avers facts
from which the law infers the duty, and
that the defendants not regarding their
said duty, &c., and assigns the breach,
that is sufficient.
Idem, 264

5. To subject a party to the responsi-
bility of a carrier for goods lost, it must
appear that he received the goods, and
that they were delivered to and received
by him as a common carrier.

Idem, 264
6. V., owner of certain goods about to
arrive at the depot of a railroad in Char-
lotte, N. C., wishes them to be carried
from thence to Richmond, Va., and an
express company, by their agent at
Charlotte, undertakes to move and de-
posit said goods in their warehouse as
soon as possible on the arrival of the
goods at the depot in Charlotte, and to
carry them to Richmond within a rea-
sonable time, for a reward paid. The
goods arrive at the depot, and the ex-
has notice of their arrival.
press company
This is a delivery to the express com-
pany as carriers.
Idem, 264
7. Where goods are delivered to par-
ties to be forwarded and transported,
and these parties are expressmen, and
receive compensation for forwarding and
transporting, the goods are in their cus-
tody as carriers.
Idem, 264
8. If goods are under the control of
parties as forwarders and not as com-
mon carriers, and are consumed by acci-
dental fire in a warehouse without any
fault or negligence on their part, they
are not liable, unless they have expressly
agreed for compensation paid, to insure
them, and had failed to do it.

Idem, 264
CONFEDERATE CONTRACTS.

1. See Currency, passim.
2. Confederate money is loaned to and
advanced for M. by O., and services are

4. The bill of rights of Va., which
declares that no man shall" be deprived
of his liberty, except by the law of the
land or the judgment of his peers," does
not forbid the State to enforce the collec-
tion of the tax on licenses, by imprison-
ment of the delinquent, when no per-
sonal property can be found by the offi-
cer out of which to make the tax.

Idem,

165
5. The 7th section of the act of March
3, 1866, entitled an act imposing a duty
on oysters, imposes a tonnage duty, and
is, therefore, in violation of the consti-
tution of the United States, art. 1, 2 10.
Johnson &als. v. Drummond, &c.,

419
Crockett &als. v. Thomas, &c., 419
6. The act of March 3, 1864, to au-
thorize the debtors of a mother bank to
pay to a branch, and vice versa, is un-
constitutional in its application to debts
contracted before its passage.

Bank of the Old Dominion v. Mc-
Veigh,
457

7. Under the constitution of Virginia,
of 1830, an act authorizing the common
council of the city of Lynchburg to tax
persons and property within the corpo-
rate limits, and for half a mile around
and outside of the corporate limits, to
pay the interest upon the guarantee by
the city of six per cent, per annum upon
the stock of the Virginia and Tennessee
Railroad company, to the amount of
half a million of dollars, is not a viola-
tion of that constitution.

Langhorne & Scott v. Robinson,

661
8. The third section of the third arti-
cle of the constitution in relation to the
qualification of jurors, does not operate
proprio vigore, and without any legisla-
tion on the subject, to repeal all existing
laws in conflict therewith; but until
such legislation is had, the existing law
continues in force.

Griffin's ex'or v. Cunningham,
Wash., Alex. & Georget. R. R. Co.
v. Alex. & Wash. R. R. Co., 31
Quinn & als. case,

138

2. When Circuit court has no jurisdic-
tion to review the judgment of the
County court. See Prohibition, No. 2, and
Board of Supervisors of Culpeper

v. Gorrell & als.,

484

3. Jurisdiction of County and Corpo-
ration courts, in cases of election. See
Elections of County and City Officers,
No. 1, 2, and

10

Ellyson & als, ex parte,
4. Trial of a felony is to be in the Cor-

1. When a prisoner has been taken to
the penitentiary before the judgment
against him is reversed by the Court of
Appeals, that court will bring him before
them by habeas corpus, and discharge him.
Leftwich's case,
716
2. The Court of Appeals will not hear
a case where the prisoner has escaped
and is going at large; but will make an
order to dismiss the appeal unless he re-
turns into custody. But having heard
and reversed a case, without having been
informed of the escape of the prisoner,
the court will not afterwards set it aside.
Idem, 716

3. C. is indicted for felony in the Cor-
poration court of R., the proper court to
try him for the offence. When indicted
he is not in custody, and has not been
arrested or examined by a justice.
Quære: If he should be arrested and
sent before a justice to be examined, or
whether he may be taken on a capias,
and tried upon the indictment without
an examination by a justice.

Chahoon's case,

733

4. The third section of the third arti-
cle of the constitution, in relation to the
qualification of jurors, does not operate
proprio vigore, and without any legisla-
tion on the subject, to repeal all existing
laws in conflict therewith; but until such
legislation is had, the existing law con-
tinues in force.
Idem, 733

Sands' case,

800

5. Even if this provision of the con-
stitution did operate proprio vigore, a
grand jury summoned and empannelled
under the existing law, which requires
that they should be freeholders, could
not be objected to on this ground, it not
appearing that they did not have the
qualifications required by the constitu-
tion.
Idem, 733

6. The act in force at the time of the
adoption of the constitution not having
been since altered by legislation, a venire
facias for the trial of a prisoner for
felony should be conformed to the act,

8. The only proper endorsement on
an indictment is "a true bill," or "not
a true bill," with the name of the fore-
man; and anything else is not a part of
the finding of the grand jury.
Thompson's case,

724

9. The record of the finding of the
grand jury, saying, in commission of
rape, which was on the indictment, is
mere surplusage.
Idem, 724

10. The three terms spoken of in the
act, ch. 208, 34, Sess. Acts 1866-'67, are
three terms after that at which the pri-
soner is first held for trial. And though
the prisoner has been arrested and com-
mitted to jail, or gives bail to appear,
and does appear, or is brought into court,
on the first day of the term of a court,
that term is not to be counted as one of
the three terms aforesaid.

Sands' case,

800

11. The question whether the name in
the indictment for rape is idem sonans,
with the true name of the person upon
whom the offence was committed, is a
question for the jury, and not for the

the shortest term of imprisonment is five
years, the jury find the prisoner guilty,
and fix the term of his imprisonment in
the penitentiary at three years, and the
judgment is according to the verdict.
Upon a writ of error to the judgment, on
the application of the prisoner, the judg-
ment will be reversed; but the prisoner
will not be discharged, but will be re-
manded for another trial.

Jones' case,

848
16. The prisoner being in the peniten-
tiary, he will be brought before the Ap-
pellate court by writ of habeas corpus,
and committed to the sheriff of Henrico,
to be taken back to the county from
whence he was sent. Idem, 848

17. A prisoner indicted in a Corpora-
tion court, for murder, is not entitled to
be tried in the Circuit court. In this re-
spect the act of April 27, 1867, Sess.
Acts 1866-'67, p. 931, is altered by the
act of April 2, 1870. Sess. Acts 1869-
'70, p. 35.

Boswell's case,

860
18. The act, Code, ch. 208, & 3, which
provides that a person tried for felony
shall be personally present during the
trial, does not apply before his arraign-
ment; but before his arraignment an or-
der may be made in his absence.

Idem, 860
19. An instruction which assumes an
important fact as true, or is calculated to
mislead the jury, should not be given.

Idem, 860

20. Insanity, when it is relied on as a
defence to a charge of crime, must be
proved to the satisfaction of the jury to
entitle the accused to an acquittal on that
ground. If, upon the whole evidence,
the jury believe he was insane when he
committed the act, they will acquit him
on that ground; but not on the fanciful
ground that, though they believe he was
then sane, yet, as there may be a rational
doubt of his sanity, he is therefore enti-
tled to acquittal.
Idem, 860

CURRENCY.

1. The act of March 29, 1862, to pro-
vide a currency of notes of less than five
dollars, was intended to be temporary in
its operation.

Miller & Franklin v. City of Lynch-
burg.
330

2. The city of L., on the 8th of May,
1862, passed an ordinance for the issue

of $120,000 of small notes, and directed
its treasurer to exchange them for coin
or currency, which should be held or in-
vested for the redemption of the notes.
From May to October, $72,418 was re-
ceived in currency in exchange for the
notes, of which $68,000 was invested in
Confederate bonds, and the balance was
held in hand. The notes were directed
to express, and did express, on their face,
received in payment for taxes and all
other city dues. The city did not levy a
tax for the redemption of the notes.
HELD:

1. The notes were issued and received
with reference to Confederate currency
as a standard of value. Idem, 330

2. By the act, the notes were required
to be redeemed within the period pre-
scribed by the act. Idem, 330

3. The city of L. having provided for
the issue of the notes, under the act of
March 29, the act of May 15, extending
the time of redemption does not apply
to the notes issued by the city.

Idem,

330

4. The city of L., having provided
ample funds for the redemption of her
notes, she was not required to levy a
tax for their redemption.

Idem, 330

5. Some of these notes not having been
presented for redemption within the
time prescribed by the act of March 29,
the holders of them are not entitled, af-
ter the war, to set them off against taxes
due from them to the city; and the
fund which had been provided and
held ready for their payment, having
perished, without fault of the city, the
city of L. is not under any obligation, in
law or equity, to redeem them.

Idem, 330