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which he may be individually concerned. Price v. Gregory,
4 M‘Cord, 261. 2. A party of record to an action cannot be examined as a witness.
Vinyard v. Brown, 4 M‘Cord, 24. 3. Thus an executor, party to an issue of devisavit vel
non, though he takes nothing by the will, is inadmissible as a witness in the cause.
Ib. 4. The declarations of a witness, that he is interested in the
event of the suit, are not per se sufficient to deprive the party by whom he is called, of the benefit of his examination. Cot
chel v. Discon, 4 M'Cord, 311. 5. To exclude a witness it is not enough, that he has an interest
in the subject matter in litigation, but it must be an interest in
the event of the particular cause. Ib. 6. A witness is presumed to be admissible till his incompetency
is proved, and either by an examination on bis voire dire, or by
evidence aliunde. Ib. 7. In a suit by the city council of Charleston for a penalty for
retailing without license, a citizen of the town, though one of the corporators, is a competent witness. City Council v. King,
4 M‘Cord, 487. 8. An agent authorized to settle an account, and to give a note
in the name of the principal for the balance, is a competent witness to prove his agency and the fact of giving the note, where suit is brought upon the note. Covington v. Bussey, 4
M'Cord, 412. 9. The maker of a usurious promissory note, against whom a
judgment has been recovered by the endorsee (the lender) is a competent witness to prove the usury in an action by such endorsee against the endorser. Recheley v. Cheer, 4 M‘Cord,
397. 10. But merchants, shop-keepers, &c., are permitted to prove
their book-entries, although parties to the suit. Ib. 11. A party to a fraud is competent to prove
it. Langer v. Felton, 1 Rawle, 141. 12. In an action against the endorser of a promissory note, the
drawer, to whom the defendant has executed a release, is not incompetent as a witness for the defendant, on the ground of interest, though he has given to the endorser a judgment and mortgage, to secure him against the endorsement. Griffith v.
Reford, 1 Rawle, 196. 13. But he is incompetent, (op the ground that a witness cannot
impeach a writing he has given,) to prove that the consideration of the note was usurious; that the endorsee was in fact the lender, and that the security was put into a negotiable form, merely for the sake of convenience. Ib.
14. A legatee who has assigned his interest under a will to
another person, is a competent witness to prove the will, although the consideration of the assignment is a bond for a given sum, payable to him at a future day. M'Ilroy v. M'Ilroy,
1 Rawle, 433. See INDICTMENT 6.
United States, 1829–30. Size of Brandy Casks. An act to continue in force an act passed March 2, 1827, authorizing the importation, and allowance of drawback, on brandy in casks of a capacity of less than fifty gallons.
Census. The census is to be taken and returns made before the first of December. We do not find in this act any provision whatever for procuring statistical information at the time of taking this census. On this subject we have heretofore (No. 5, p. 146,) made remarks, which it is unnecessary to repeat here. It is to be regretted that this opportunity of obtaining a mass of information on the subjects of our industry and resources, much more important, in respect to legislation, than the number, age, and color of the inhabitants, has been neglected.
Port of Entry in the District of Teche. The port of entry in this district in Louisiana, is transferred from New İberia to Franklin.
Internal Improvement. Acts were passed granting lands to aid the continuation of the Miami Canal from Dayton to Lake Erie; for improving certain harbors and removing obstructions to the navigation of certain rivers; incorporating the Alexandria Canal Company; providing for surveys and continuing the Cumberland and other roads; providing for making a survey and reporting on the practicability, expense, and advantages of a ship or other channel, to connect the waters of the Atlantic with the Gulf of Mexico; granting lands to Indiana, to promote the construction of a canal between Wabash River and Lake Erie, in lieu of other lands heretofore granted for the same object.
Registry of Lands in Louisiana. It is provided that persons having purchased, of the United States, lands in Louisiana, and paid for the same, but omitted to enter them in the registry, may, on the production of the original receipt of the receiver of the district, have the grants registered, unless the lands shall have been entered by other purchasers, who have paid for them, in which case other lands of equivalent value, shall be assigned to the purchasers, who may have neglected to have their purchases registered.
Juries in Louisiana. The mode of empanneling juries in the
district courts of the United States for Louisiana, is to be the same as that adopted in respect to the state courts.
Land Titles in Florida. An act making provisions in respect to claims under Spanish and British grants.
Solicitor of the Treasury. An act authorizing an appointment of a Solicitor of the Treasury, who is to do the duties heretofore belonging to the agent of the Treasury; superintend the collecting of the outstanding direct taxes; have charge of lands set off or conveyed to the United States, in payment of debts; and of all trusts created in favor of the United States for the payment of debts; and discharge mortgages or reconvey lands, in case of payment of debts to the United States, secured thereby. The collectors of the several districts shall give notice to the Solicitor of the Treasury of all bonds for duties by them put into the hands of the district attorneys for collection ; and the attorneys are required, at the end of every term of the district and circuit courts, to render, to the Solicitor of the Treasury, an account of such bonds. Notice of seizures and suits for penalties is also to be given to the Solicitor. His salary is $ 3500 per annum.
Deaf and Dumb of Kentucky. An act to amend an act granting land for the benefit of the Kentucky Asylum for the Deaf and Dumb.
Courts. The court of the United States for the district of Mississippi is changed to the first Mondays of January and June. The circuit court of the United States for the district of Ohio, is to be held on the first Monday of July, and the third Monday of December, and the district courts on the Mondays next following.—The circuit court of the district of West Tennessee, is to be held on the first Monday of September.—The sessions of the district court for the southern district of New York are to commence on the first Tuesday of every month; and two additional sessions of the circuit court are to be held in the same district on the last Mondays of February and July, for the trial of criminal cases and suits in equity.—The act of May, 1824, giving the court, in the territory of Arkansas, power to settle the rights of claimants of land, is continued to the first of July, 1831.—The terms of the circuit court of the United States for Maryland, are changed from the Sth of May and 8th of December, to the 8th of April and 1st of November, or the next following Monday, in case of either of those days falling on Sunday.--The term of the United States court held on the second Monday of May, at Prairie du Chien, in Michigan, is changed to Mineral Point, on the first of October.
Punishment of Deserters. “No officer or soldier in the' army of the United States, shall be subject to the punishment of death, for desertion in time of peace.'
Duty on Molasses and Drawback on Spirits. "Afte the 30th of
September, 1830, the duty on molasses shall be five cents for each gallon,' and there shall be allowed a drawback of four cents upon every gallon of spirits distilled in the United States from foreign molasses.'
Duty on Salt. This act provides that the duty on salt be fifteen cents per bushel of fifty-six pounds, from the 31st of December next, until the 31st of December, 1831; and after that time ten cents.'
Slave Trade. A re-appropriation is made of the unexpended balance of $ 30,000, appropriated May 24th, 1828, for suppressing the slave trade.
Removal of the Indians. This act has excited more interest than all the other legislation of the last congress. It authorizes the President, to cause lands, west of the Mississippi, and not within the limits of any state or organized territory, 'to be divided into a suitable number of districts for the reception of such tribes or nations of Indians, as may choose to exchange the lands 'where they now reside, and remove there, and to exchange any or all of such districts with any tribe or nation of Indians, now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part of the territory claimed and occupied by such tribe or nation, &c.; and solemnly to assure the tribe or nation, with which the exchange is made, that the United States will forever secure and guarantee to them, their heirs and successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: provided, that such lands shall revert to the United States, if the Indians become extinct, or abandon the same; if on lands now occupied by the Indians, and to be exchanged for, there should be such improvements as to add value to the land claimed by individuals of such tribe or nation, to cause such value to be ascertained by appraisement, or otherwise, and paid to the persons rightfully claiming such improvements;' to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper, to enable them to remove, and necessary for their support and subsistence for one year after their removal.' 'PROVIDED, that nothing in this act contained shall be construed as authorizing or directing the violation of any cxisting treaty between the United States and any of the Indian tribes.'
Collection of the Revenue. This act is next in importance to that relating to the removal of the Indians. It is entitled ' an act for the more effectual collection of the impost duties ;' and it provides for the appointment of an additional appraiser for New York, and assistant appraisers, not exceeding four in New York, two in Philadelphia, two in Boston, who shall be particularly