PRINCIPAL AND AGENT-CONTINUED, agents to their principal, is evidence against the shipper. Ball v. The See Chancery, 30, PRINCIPAL AND SURETY. .821 1. When lands are sold, and a bond for titles given by the vendor, to the .....793 .....900 PRINCIPAL AND SURETY-CONTINUED. 7. The discharge of a surety, by means of the statutory notice, must be plead- See Chancery, 2. See Constable and Surety, 1. See Debtor and Creditor, 4. See Limitations, Statute of, 5. See Pleading, 28. PROMISE. 1. A promise by the maker, to an innocent holder of usurious paper, to pay PUBLIC POLICY. ..536 1. Although the issuance of bills of a less denomination than three dollars PUBLIC POLICY-CONTINUED. unchartered association was made, yet the mere fact that bills for less than three dollars were received, does not avoid the contract. McGehee v. Powell, . . See Contract, 5. RECOGNIZANCE. 828 1. A recognizance, conditioned that the party charged will appear and answer to the indictment to be preferred against him at a named term of the Court, and not depart therefrom without leave, may be extended at any subsequent term, if an indictment is preferred and found at that term. Ellison v. The State.... .....273 2. When the parties acknowledge themselves bound in the sum of $500, to be levied severally and individually of their goods, &c., respectively, this is a joint and several recognizance, and not the several recognizance of each of the parties for that sum. 1b,... ...273 3. Under our statutes, which allow a sci. fa. without setting out the recognizance, the defendant is entitled to crave oyer of the recognizance upon which the proceedings are based, and to demur if there is a varianue. Ib. 273 See Amendment, 5. 1. The Circuit Court, independent of express legislation, has the power to substitute a judgment, roll, or entry, when the original record is lost, and the substituted matter becomes a record of equal validity with the original. McLendon v. Jones...... ..298 2. The manner of correcting the loss, is to show by affidavits, what the record contained, the loss of which is sought to be supplied. The substitution can only be made after a personal notice of the intention to move the Court, and the notice must be sufficiently explicit to advise the opposite party of what is intended, as well as to enable him to controvert the affidadavits submitted. Ib....... .298 3. Where the genuineness of a copy of the proceedings of the Probate Court of a sister State are authenticated by the attestation of its clerk, the certificate of the Judge to the official character of the clerk, and the formality of his attestation, and the additional certificate of the clerk, in the terms of the law, to the official qualification of the Judge, its authentication is complete, under the act of Congress of 1804, amendatory of the act of 1790. Kennedy v. Kennedy's odm'r.............. ...391 RIPARIAN RIGHTS. See Grants by acts of Congress, 2, 3. RIGHT OF PROPERTY, TRIAL OF. 1. In claims interposed under the statute, to property which is levied on as belonging to the defendant in execution, the bond required to be given may be executed by those claiming the beneficial interest in the property, as well as by him who is invested with the title. Graham v. Lohkhart. 9 2. As the plaintiff in execution, if successful upon the trial of the right of property, is entitled to a return of the specific thing, which was delivered to the claimant, or its assessed value, it is allowable for him to offer evidence to the jury, to show what was its value at the time of the trial. Borland v. Mayo. ....104 3. On the trial of the right of property, the consideration of the cause of action on which the judgment was recovered, is not a matter in issue, yet if evidence to this point has been admitted, at the instance of the plaintiff in execution, a judgment in his favor will not, for that reason, be reversed; unless it appear that the claimant was prejudiced by its admission. Ib. 105 4. After a levy on property, and bond given to try the right, a junior execution cannot be levied on the same property, pending the trial. An execution issued on an elder judgment, but which has lost its lien, by the lapse of a term, will be postponed to one issued on a younger judgment) during such interval. Hobson v. Kissam & Co. et al...... ... 357 5. Upon a trial of the right of property, the fact that an execution from the Federal Court had five years before been levied on the same property, and bond given to try the right, raises no question, until it is shown that the trial is still pending, although the levy of such execution was first made. .... 357 6. Quere: Where several levies are made upon the same property at the same time, and several trials of the right are had, if upon verdict of condemnation, the jury assess the full value of the property, in each case, and judgments are rendered accordingly, is it not competent for the Court in which the trials are had, to correct its judgment, so that the claimant may not be charged beyond the value of the property? Ansley v. Pearson, et al...... 432 7. When a claim is interposed to property levied on by attachment, the claim suit is wholly independent of the attachment suit, at least so long as it is pending. If the claim suit is determined against the claimant, the proper judgment is a condemnation of the property, viz: that it is subject to the levy of the attachment, and may be sold to satisfy the judgment in the attachment suit, if one then exists, or is afterwards obtained. No execution can issue upon this judgment, except for the costs of the claim suit. Seamans, et al. v. White. .....656 8. The assessment by the jury in the claim suit, of the value of the property levied on, is mere surplusage, and does not vitiate. Ib... .656 RIGHT OF PROPERTY, TRIAL OF-CONTINUED. 9. When, by order of the Court, new securities are substituted for those ori- ....685 ...694 .....694 14. Where a surety against whom, with the principal, a judgment is rendered, See Chancery, 9, 12. See Error, Writ of, 13. See Evidence, 20. See Trust and Trustee, 3. ...900 |