1 The administrator of a naturalized citizen, who left no heirs here, was by virtue of a resolve of the General Court ordered to pay the avails of the estate of the deceased into the treasurary of the state. 1 Mass. 293. 2 To give jurisdiction to the courts of the United States, the pleadings must expressly state the parties to be citizens of different states, or that one of them is an alien. It is not sufficient to say that they reside in different states. Abercrombie v. Dupuis. 1 Cranch, 343. 3 Where A. a British subject, became a naturalized citizen, and took the oaths of abjuration and allegiance to this tate in 1784, and 7 1 2 3 afterwards, in 1795, took an oath of allegiance to the king of Spain, and was appointed a Consul for the Spanish king, and continued to reside in Newyork, without changing his domicil; it was held, that he was still an American citizen, and not a Spanish subject or alien, so as to be entitled to remove a suit against him into the circuit court of the United States. Fish v. Stoughton. 2 Johns. Cas. 407. A corporation aggregate cannot be a citizen, and cannot litigate in the courts of the United States, unless in consequence of the character of the individuals who compose the body politic, which character must appear, by proper averments, upon the record. The Hope Ins. Co. v. Boardmau. 5 Cranch, 57. Bank of the United States v. Deveaux. 5 Cranch, 62. A corporation aggregate, composed of citizens of one state, may sue a citizen of another state, in the circuit court of the United States. Bank of the United States v. Deveaux, 5 Cranch, 61. What facts constitute citizenship of Pennsylvania, in relation to a citizen of another state, coming here. 4 Dallas, 360. CLERK. The clerk of this court, must reside and keep his office at the seat of government. He cannot practice as attorney or council in this court. Rules of Court. 1 Cranch, xv. How to make return of a writ of error. 1 Cranch, xvi. Not to suffer any record to go out of his office. Ibid. COEYMAN'S PATENT. The south bounds of Coeyman's patent are to be taken according to the survey made by order of the proprietors in 1749. Jackson ex. dem. Salisbury v. Huyck. 2 Johns. Cases, 64. COLLECTOR OF TAXES. 1 A collector of taxes is competent 2 v. Ellis et al. 7 Mass. 89. 2 To support a judgment on a collector's bond at the return term, it must appear by the record, that the writ was executed 14 days before the return day. Dobynes v. United States. 3 Cranch, 241. 3 A collector selling land for taxes, must act in conformity with the law from which his power is derived, and the purchaser is bound to enquire whether he has so acted. It is incumbent on the vendee to prove the authority to sell. Stead v. Course. 4 Cranch, 403. 4 By the tax laws of Georgia for the years, 1790 and 1791, the collector 4 was authorized to sell land only on the deficiency of personal estate; and then to sell only so much as was necessary to pay the taxes in arrear. Under those laws, the sale of a whole tract, when a small part would have been sufficient to pay the taxes, was void. Ibid. 5 A collector of the revenue of the United States, after his removal from office, has no authority to colleet duties outstanding at the time of his removal; but this power and duty devolves upon his successor. Sthreshley v. United States. Cranch, 169. COLONIAL PRODUCE. 4 Colonial produce cannot legally be shipped from the British West-Indies for Gibraltar, and therefore the same cannot be insured on such a voyage. And it matters not that part of the cargo was shipped at one of the West-India Islands, with Liberty to exchange it at another 5 6 1 (which would have been legal if in fact it were not exchanged, and its ultimate destination was Gibraltar. Lubbash v. Potts. 7 East, 449. COLUMBIA DISTRICT OF. The right of Virginia to legislate for that part of the district of Columbia, which was ceded by her to the United States, continued until the 27th of February, 1801. Young v. Bank of Alexandria. 4 Cranch, 384. The separation of the district of Columbia from the original states, did not effect existing contracts between individuals. Korn v. Mutual Ass. Society. 6 Cranch, 192. No appeal or writ of error, in a criminal case, lies from the judg ment of the circuit court of the district of Columbia. United States v. More. 3 Cranch, 159. Quere, Whether the act of congress, abolishing the fees of justices of the peace, in the district of Columbia, can affect those justices who were in commission when that act was passed? Ibid. The plaintiff in error must file a transcript of the record with the clerk of the supreme court of the United States, within the first six days of the term. General rule. 3 Cranch, 239. An executor cannot maintain a suit in the district of Columbia, upon letters testamentary granted in a foreign country. Dixon v. Ramsay. 3 Cranch, 319. A justice of the peace in the district of Columbia is an officer of the government of the United States, and is exempt from militia duty. Wise v. Withers. 3 Cranch, 331. COIN. A mould is an instrument on which is made and impressed the similitude and stamp of the current 1 In the king's bench, if the plaintiff proves a trespass or injury before the bill filed, though after the latitat returned, it is sufficient; for by the general rule and course of the court, the bill is the commencement of the suit; and the latitat, except where it is replied to the statute of limitations, or to avoid a tender, or where it is given in evidence to support a penal action int point of time, is considered but as process. Foster v. Bonner. Cowper, 454. 2 The plaint not the capias is the commencement of the suit in the Marshalsea court. Ward v. Honeywood. 1 Douglas, 61. But the capias is now considered as the commencement of the suit, in C. P. 62, n. And though the declaration states an original sued out, the capias is sufficient evidence thereof. 62, n. 2 The latitat is the true commencement of actions brought by bill of Middlesex, within the meaning of the statute of limitations. Johnson v. Smith, 1 Black. 216. It is not necessary to give notice to the opposite party of the time and place of executing the commission. Grant v. Naylor., 4 Cranch, 224. 4 If the return of the commission be enclosed in an envelope which is sealed, no other sealing by the commissioners is necessary. Ibid. 5 6 7 8 9 If, after a commission has issued, the parties have leave to amend, and a new issue be made up, similar in substance to the former issue, the depositions taken under such commission may be used at the trial of the new issue. Ibid. A commission is not necessary to the appointment of an officer by the executive. Quere. Marbury v. Madison. 1 Cranch, 178. A commission is only evidence of an appointment. ib. Delivery is not necessary to the validity of letters patent. ib. When a commission, for an officer not holding his office at the will of the president, is by him signed and transmitted to the secretary of state to be sealed and recorded, it is irrevocable; the appointment is complete. Marbury v. Madison. 1 Cranch, 160. 10 A mandamus is the proper remedy to compel a secretary of state to deliver a commission to which the party is entitled. ib. 11 When a commission for an officer is signed by the president, the ap pointment is complete. Ibid. 157, 162. 12 Neither the delivery of the com- 2 mission, nor its transmission to, nor actual receit by the officer, is necessary to the appointment. Ib. ment of the suit, Conklin v. Hart. 1 Johns. Cas. 103. A return to a commission, iu which it was stated that the witness was sworn and examined by virtue of the commission directed to commissioners by name, on interrogatories to him administered by virtue of and under a commission &c. and the names of the commissioners were subseribed, as such, to the deposition, it was held that the commission was executed in due form, and that the deposition might be read. Bolte v. Van Rooten. 4 Johns. Rep 130. 3 An affidavit of council, that he believes the return to a commission is delayed by the acts of the opposite party, is not sufficient to prevent the cause from proceeding to trial, after a commission has been out above a year. Bouchereau v. Le Guen. 2 Johns. Rep. 196. 4 1 Is an absolute engagement, to the (See further for the general nature of COMMISSIONERS TO EXAM- 4 Commission may be issued to ex 6 In a return to a commission issued to examine witnesses abroad, the commissioners ought to certify, that they examined the witnesses on oath, upon the interrogatories annexed, and that they caused such examination to be reduced to writing, otherwise the depositions will not be allowed to be read. Bailis v. Cochran. 2 Johns. 417. An affidavit on which a motion for a commission is founded, must state, that the cause is at issue, or special circumstances, to induce the court to grant a commission before issue joined. Hackley v. Patrick. 2 Johns. Rep. 479. What is a good, and what a defeetive execution and return of a commission to examine witnesses abroad. 2 Dallas, 143, 157, 192. 7 The supreme court of the United States will not award a commission till the commissioners are named. 2 Dallas, 401. amine witnesses who are aged and COMMISSIONERS OF EXCISE. infirm, before a commissioner of the court, and the rule may be granted at any time after the commence 1 The supervisor of the town may associate more than two justices with COMMISSIONERS, &c. COMMITMENT. COMMON 1. 337 him, as commissioners of excise, and the act of a majority of them present, will be valid. Orvis v. Thompson, qui tam. 1 Johns. Rep. 500. 2 If a majority of the commissioners present, sign a licence to keep a tavern, it is sufficient, though the supervisor refuses to sign it. Ib. 3 and sale of the offender's goods; and that it shall be lawful for such justice to order such offender to be detained in custody until return may conveniently be made to such warrant of distress, unless the party convicted shall give security for his appearance, &c. Held that such order to detain in custody until the return of the warrant of distress may be by parol. Still v. Walle and Harris. 7 East, 533. A person may be committed for a crime by one magistrate upon an affidavit made before another. Exparte Bollman and Swartwout. 4 Cranch, 76. Quere, whether upon a motion to commit a person for treason, an affidavit stating the substance of a letter in possession of the deponent be admissible evidence? Ib. COMMON. I. Prescription, &c. for. II. Inclosure, and appropriation, fc. III. Surcharging, or otherwise injuring, and Remedies for. I. Prescription, &c. for. H. may subscribe for common appendant to his cottage. Emerton v. Selby. 1 Salk. 169. 2 L. Raym. 1015 None other than copyhold lands can be parcels or manor; nor can any other person than a copyholder have common by custom on any part of the manor. After a verdict, all facts shall be presumed to have existed, without the existence of which the verdict could not have been found. Crowther v. Oldfield. 2 L. Raym. 1225. 1 Salkeld, 170, 364. 3. The stat. 13 G. 3, c. 80, gives a penalty in case of killing game on Sunday, and directs that it shall be forthwith paid on conviction, and that in case of neglect or refusal to pay, or give security for the payment of it, the justice shall by warrant under his hand and seal cause the same to be levied by distress, 4 Occupier of a messuage and lands, Farmer ought to be taxed for common appendant in the parish where the farm lies. Rex v. Fox. 1 Salk. 169. |