Page:United States Reports, Volume 1.djvu/507

ii  Letters of administration granted by the archbishop of York in her kingdom of England, are not and authority to maintain an action, here.

See''Practice. Action. Assignment. Consideration. Covenant. Lis Peridens.''

An Act of Assembly of the late Province was not demand to be repaired by the King and Council, ’till notify action here.

It is fairly to be inferred from the general tenor of the Act of Assembly for the revival of the laws, that the legislature thought, that the separation from Great-Britain, worked a dissolution of all government.

J.B. of West Bradƒord was required by proclamation to surrender, &c. by the name and addition of “J.B. of East Brasord township ;” and it was held to be fatal.

On the plea of want of assets, in an action against an executor by a residuary legatee, auditors shall be appointed ex tempore ; and it is not sufficient to object, that the executor's accounts have been before settled by a reference.

Payment to an executor or administrator of a deceased partner can be no satisfaction to the survivor, who has the sole right of suing for, and of receiving the monies due to the company.

Although an executor by paying money over to his co-executor, who becomes insolvent, would be chargeable, if there were creditors, and a deficiency of assets to satisfy them, yet he is not answerable to legatees.

A creditor taking a bond from the executor or administrator of his deceased debtor, discharges the old debt in not.

Letters of administrators granted by the Archbishop of York in England, are not a sufficient authority to maintain an action here.

The Delaware is within the Admiralty jurisdiction.

A Court of Admiralty cannot carry an agreement in on, nor give damages for the breach.

The owners of Letters oƒ Marque are responsible for rejecting  of the vessels.

In cafes of persons in other vessels a capture made.

In what cases the Admiralty cognizance.

In what cases appeals from the Admiralty of the High Court Assembly and Appeals, are

The master for shippment answerable over to his owners while they have been obliged to pay a third person for damages sustained by his   ; but the Court, under favourable circumstances, may reduce the quantium of damages below what the owners have paid.

It is a wrong position, that a master of a ship is not answerable for an error in judgment, but only for a fault of the heart, in civil matters.

Where the question to be tried, though not directly a question of prize, is yet a question arising upon the immediate and necessary consequence of a vessel's being taken as prize, it is solely and exclusively of Admiralty jurisdiction, and an actin will not lie in a common law court.

See Master and Servant. Damages.

There must be some satisfactory proof of a Defendant's being actually an agent, before the Court will allow him to be sworn, under the Act of Assembly, to identify the money in dispute. in not.

A confidential agent cannot excuse himself on that account from being a witness against his construent.

AGREEMENT. See Frauds and Perjuries. Insurance.