Ross v. Reed. 1 W.

suit more than one place. These were questions properly submitted to the jury; there was, therefore, no error in the charge and instruction given on this point. Nor was there error in the residue of the instruction. It is a general principle to presume that public officers act correctly until the contrary be shown. It must, therefore, be presumed that the officer, when he surveyed M'Dowell's entry, [487] in Reed's name, had sufficient evidence produced to satisfy him that Reed was the owner of it, and this presumption is increased by the act of another officer in issuing the grant; these circumstances furnished prima facie evidence, at least, that he was the owner.

Judgment affirmed.

INDEX.

ABANDONMENT.

Under a policy insuring against "unlawful arrests, restraints, and detainments,” the assured cannot abandon on account of restraint of the vessel from entering a blockaded port, the voyage being thereby broken up, because such restraint is not unlawful. M'Call v. The Marine Insurance Company, 24.

INSURANCE, 2.

ABATEMENT.

1. The commencement of another suit for the same cause of action in the court of another State since the last continuance, cannot be pleaded in abatement of the originial suit. Renner v. Marshall, 526.

2. If matter in abatement is pleaded puis darrein continuance, the judgment, if against the defendant, is peremptory. 1b.

WRIT OF RIGHT, 2.

ACKNOWLEDGMENT

LIMITATIONS, &c., 2.

ACTION.

ASSIGNMENT; BILLS OF EXCHANGE, &c.; PARTIES, 1.

ADMIRALTY.

AMENDMENT; JURISDICTION; PRACTICE; PRIZE, 4.

ADVERSE POSSESSION.

DEED, 1; LIMITATIONS, &c., 4. 6-8; SEISIN AND DISSEISIN.

AFFIDAVIT.

FURTHER PROOF, 3; PRIZE, 53. 54.

AGENT.

PRIZE, 41-44. 48. 52. 54; SALE, 3. 4; TREATY, 1.

ALIEN.

RESCISSION OF CONTRACT; TREATY, 2.

ALTERATION OF INSTRUMENTS.

BOND, 3; DEED, 3; PUBLIC LANDS, 19.

AMENDMENT.

The circuit court may, upon appeal, allow the introduction of a new allegation into an
information, in admiralty, by way of amendment. The Edward, 540.

PRACTICE; Prize, 5. 7.

ANSWER.

1. The answer of one defendant in chancery is not evidence against his codefendant;
nor is his deposition, although he had been discharged under the act of assembly of
Rhode Island, of 1757, from all debts and contracts prior to the date of the discharge,
and although the debt in suit was a debt contracted prior to such discharge, the debt
having been contracted in a foreign country. Clark's Executors v. Van Riems-
dyk, 304.

2. An answer in chancery, although positive, and directly responsive to an allegation
in the bill, may be outweighed by circumstances, especially if it be respecting a fact
which, in the nature of things, cannot be within the personal knowledge of the
defendant. Ib.

3. It is error, in the orphan's court for the county of Washington, in the District of
Columbia, to decide a cause against the answer of a defendant, if the answer had
not been denied by a replication, and there be no evidence in the record contradict-
ing that answer. Gettings v. Burch's Administratrix, 388.

APPEAL.

An appeal lies to this court from the sentence of the circuit court of the District of
Columbia, affirming the sentence of the orphan's court of Alexandria county, which
dismissed a petition to revoke the probate of a will. Carter's Heirs v. Cutting, 114.

ASSIGNMENT.

A nominal plaintiff, suing for the benefit of his assignee, cannot, by a dismissal of the
suit under a collusive agreement with the defendant, create a valid bar against a
subsequent suit for the same cause of action. Welch v. Mandeville, 531.

PUBLIC LANDS, 6; Sale, 7.

ASSUMPSIT.
LIMITATIONS, &c., 5.

ATTACHMENT.

An equity of redemption of real estate in Maryland is liable to attachment. Pratt v.
Law, 428.

BARRATRY.
SHIPPING.

BILL IN EQUITY.

EQUITY, 2; PARTIES, 2; SPECIFIC PERFORMANCE, 2.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

1. A promissory note, given by one member of a commercial company, to another
member, for the use of the company, will maintain an action at law by the promisee
in his own name, against the maker, notwithstanding the money, when recovered,
would belong to the company. Van Ness v. Forrest, 10.

2. By making a note payable at a bank, the maker waives his right to offset a claim
against the payee, in an action by the bank. Mandeville v. The Union Bank of
Georgetown, 233.

MORTGAGE; PLEADING; WITNESS.

BLOCKADE.

ABANDONMENT.

BOND.

1. If a statute direct a bond to be
wards is not necessarily invalid.
2. Where the law requires a bond in a penal sum, equal to double the value of the
vessel, both parties are estopped, in the absence of fraud, oppression, and circum-
vention, from denying that the penal sum, inserted by mutual consent, was in fact
double that value. 1b.

taken before a clearance granted, one taken after-
Speake v. The United States, 242.

3. A bond is not avoided by erasing the name of one obligor, and inserting the name
of another after delivery, by consent of all parties, proved by parol. Ib.

4. Where a bond was given by the agent of an unincorporated joint-stock company,
to the directors, for the faithful performance of his duties, &c., while he held the
office, and the directors were appointed annually, and changed before a breach of
the condition of the bond, the agent and his sureties were held liable to an action
brought by the obligees after they had ceased to be directors. Anderson v. Long-
den, 475.
BOTTOMRY; EMBARGO, 4; MARSHAL; POOR DEBTORS; STATUTES, 6; WRIT OF

ERROR, 3.
BOTTOMRY.

1. To support a bottomry bond, given by the master, it must appear that the advances
were made for repairs or supplies, necessary for effectuating the objects of the voy-
age, or the safety of the ship, and that they could not have been obtained on the
credit of the owner. The Aurora, 477.

2. If there be a stipulation for bottomry when the advances are made, it must be
understood in reference to the then next voyage; and if the bond be not taken, and
that voyage is made, it is waived. 1b.

3. A creditor who advances his money in good faith to relieve the ship from an actual
arrest for repairs and supplies constituting a lien by the marine law, may stipulate
for a bottomry bond; but a mere threat of arrest by a general creditor is not suffi-
cient. lb.

4. If different claims are embraced in such a bond, some of which would and some
would not support it, it is the duty of the creditor clearly to distinguish them, and
show their respective origin and character. Ib.

5. A second bond, including what was due upon an original invalid bond, cannot be
..supported for that amount. Ib.

PRIZE, 51.

CAPTURE.

1. In order to constitute a capture, some act should be done indicative of an intention
to seize and to retain as prize; it is sufficient if such intention is fairly to be inferred
from the conduct of the captor. The Grotius, 384.

2. The fact, that the commander of a private armed vessel was an alien enemy at the
time of the capture made by him, does not invalidate such capture. The Mary and
Susan, 461.

INTERNATIONAL LAW, 8; JURISDICTION; PRIZE, 22. 23. 28. 32. 36. 37. 52–57;

SALVAGE; SEAMEN.

CASE QUESTIONED.

JURISDICTION, 2.

CHAMPERTY.

DEED, 1.

CHANCERY.

EQUITY.

CHARITY.

CHURCH, 8-12.

CHARTER PARTY.

SHIPPING.

CHEROKEE INDIANS.

PUBLIC LANDS, 27. 28; TREATY, 1.

CHURCH.

1. The religious establishment of England was adopted by the colony of Virginia,
together with the common law upon that subject, as far as it was applicable to the
circumstances of the colony. Terrett v. Taylor, 249.

2. The act of Virginia of 1776, confirming to the church its rights to lands, was not
inconsistent with the constitution or bill of rights of Virginia; nor did the acts of
1784, c. 88, and 1785, c. 37, infringe any of the rights intended to be secured under
the constitution, either civil, political, or religious. Ib.

3. The acts of 1798, c. 9, and 1801, c. 5, so far as they go to divest the Episcopal
church of the property acquired previous to the Revolution, by purchase or dona-
tion, are unconstitutional, and inoperative. Ib.

4. The act of 1798, c. 9, merely repeals the statutes passed respecting the church since
the Revolution; and left in full operation all the statutes previously enacted, so far
as they are not inconsistent with the present constitution. Ib.

5. The freehold of the church lands is in the parson. Ib.

6. Church-wardens are not a corporation for holding lands. 1b.

7. Church lands cannot be sold without the joint consent of the parson (if there be
one) and the vestry. 1b.

8. The Church of England is not a body corporate, and cannot receive a donation eo
nomine.

9. A grant to the church of such a place is good at common law, and vests the fee in
the parson and his successors.

10. If such a grant be made by the crown, it cannot be resumed by the crown at its
pleasure. Ib.

11. Land, at common law, may be granted to pious uses before there is a grantee in
existence competent to take it, and in the mean time the fee will be in abey-
ance. Ib.

12. Such a grant cannot be resumed at the pleasure of the crown. Ib.

18. The common law, so far as it related to the erection of Episcopal churches, the
right to present or collate to such churches, and the corporate capacity of the par-
sons thereof to take in succession, was recognized and adopted in New Hamp
shire. 1b.