INDEX.

ACCEPTANCE-

1. Where it was proved that a franchise had been granted by the State to the ex-
ecutors of W. deceased, in trust for the separate use of his daughter; that the
defendant was, at the time of the grant, the only qualified executrix, and was
still so; and that from that time until the commencement of the suit, the cestui
que trust and her husband were in the possession and enjoyment of the från-
chise, consistent with and according to the terms of the grant, this was held to
be sufficient evidence of the acceptance of the grant by the defendant, to sup-
port a verdict affirming her acceptance.—Clark v. Wilkie........
2. The acceptance of a grant by Act of the Legislature, must be presumed until
the contrary be proved....

ACCESSARY.

Vide Indictment, 1, 2, 5. Slaves, 1, 2. Evidence 10, 11.

ACCOMPLICE.

Vide Evidence, 11.

ACCOUNT, BOOKS OF

259

16.

1. If account books offered in evidence are so kept as to be intelligible, there is no
reason why they should not be equally admissible whether kept by double or
single entries, or by setting apart a page or part of a page, for each customer,
and exhibiting in one view the whole account.-Toomer v. Gadsden............... 193
2. To make an account book evidence, all that our cases seem to require, are that
the book be regularly kept, and that it be the book of original entries. The
evidence offered must not be loose memoranda, not a book into which the
charges have been transferred from some other book, but the book in which
the entries are made cotemporaneously with the facts which they record......... Ib.
Vide Fraud, 3.
ACKNOWLEDGMENTS.

Vide Fraud, 1. Joint Tenant, 1. Pleading, 2. Mestor and Commissioner, 2.

ACTION ON THE CASE.

1. In an action on the case, a recovery cannot be had on a contract, so as thereby to
charge a dormant partner with a debt of the firm.-Mowry v Schroder.....
69

ADMISSIONS.

1. B. administrator of J. B. (decd.) who was the executor of W. B. (decd.) admit-
ted in stating his accounts before the ordinary, that a legacy left by the will of

W. B. to his son, was a debt due by his intestate, and a sum sufficient, of the
assets, was left in his hands to pay it. This was held to be sufficient to charge
him as administrator, with its payment at law.-Buchanan v. Buchanan........
2. The Statute of limitations began to run from such settlement before the ordinary,
and the defendant having continually admitted the debt, to a short time before
action, it was held that such admissions prevented its operation............

ADVERSE POSSESSION.

Vide Possession, 1, 2.

AGENT.

63

Ib.

Vide Bills of Exchange and Promissory Notes, 2. Principal and Agent. Discount, 1.

AGREEMENT.

Vide Presumption, 4, 5.

AIDER AND ABETTOR.

Vide Indictment, 3.
APPEAL.

1. A trial ordered of a slave after two mistrials, is not a subject of appeal, until the
trial be had.—State v. Lewis...................

2. Generally an appeal does not lie from a Judge's order ordering or refusing a new
trial in the case of a slave convicted of a crime....

Vide Contempt, 4. Supersedeas, 1. Clergy, Benefit of, 1.

ARREST.

1. If a defendant resist an arrest, then there must be some corporal touching of his
body, to make the arrest complete. But if the defendant submit, there is no
necessity to touch his body.-McCracken v. Ansley...

ARSON.

Vide Clergy, Benefit of, 2.

ASSIGNEE.

Vide Master and Commissioner, 2. Trover, 1.

ATTACHMENT.

......

1. A domestic attachment issued by a magistrate for the sum of fifty-six dollars,
and levied upon the goods of a defendant who was out of the State, was set
aside in favor of a foreign attachment issued the day after against the same
defendant; the levy was adjudged to be void, and the goods held to be leviable
under the foreign attachment.—Lindau v Arnold..........
2. Third persons, garnishees or creditors, cannot take advantage of any irregulari-
ty in issuing or sueing an attachment.-3 McC., 201 and 345.......
3. Although a domestic attachment be good, its levy will not prevent a levy of a
foreign attachment, subsequently issued, on the same property. The subse-
quent levy will constitute a subsequent lien. Such a case is not one in which
an attachment cannot be levied.....

47

Ib.

1

290

... B.

4. When a fund is recovered in a Court of general or limited jurisdiction, and is
actually or constructively in Court, and is to be paid over by its mandate, it is
not the subject of levy........

....

ATTACHMENT FOR CONTEMPT.
Vide Contempt, 3, 4.

ATTORNMENT.

Vide Landlord and Tenant, 3.

ATTORNEY.

Vide Contempt, 1, 2.

Costs, 4.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

1. M. to whom or bearer B's. note was payable, being about to negotiate it to J. in
order to induce him to take it, wrote his name as maker,-held that it was a
good note to bearer, and that M. was liable to pay it.-Devore v. Mundy........ 15
2. Where a promissory note is endorsed by an agent or attorney in the name of his
principal, under an authority to endorse notes, that is not a sufficient authority
for him to receive notice of the dishonor of the note; for an authority to endorse
does not include an authority to receive notice of dishonor.
Prom. Notes, sec. 309.-Valk v. Gaillard.....

Vide Story on.

Vide Promise, 1, 3, 4, 5, 6. Principal and Surety, 1. Fraud, 1. Damages, 1.

BOND.

Vide Master and Commissioner, 1, 2.

CARRIER.

1. To exempt himself from liability, the carrier must show that the damage pro-
ceeded from some cause which was within the exceptions to his general
liability.-Cameron v. Rich.....

99

.... 168

Vide Principal and Agent, 11.

CASES QUESTIONED.

1. The case of Geddes v. Simpson & Morrison, in 2 Bay, 533, questioned.-Meggett
v. Finney....

........

2. The case of Edson v. Davis, 1 McCord, 555, approved of, and that of Barinov.
M'Gee, 3 McCord, 452, questioned.—Murray v Stephens....
3. Case of McCombs v. Shaw, in 2 Bay, 232, examined, and the report of it correct-
ed.-Hiller v. English..........

CASES APPROVED.

Vide Cases Questioned, 2..

CHALLENGE.

Vide Slaves, 1.

CMARLESTON.

Vide City Council of Charleston, 1, 2, 3.

CITY COUNCIL OF CHARLESTON.

1. A bond held by one living within the corporate limits of Charleston is subject to
taxation by the City Council, though the obligor resides out of the city; and it
is not objectionable that the tax should be imposed in cases where the obligor

220

352

is solvent, and that this question should be left to be determined by the holder of the bond.-State v. The City Council of Charleston.......

..... 217

3. An Ordinance of the City Council of Charleston, imposing a penalty upon retail grocers for having spirituous liquors on their premises, without a license to retail the same, is not in derogation of the "common rights" of the citizen, but a legal restraint imposed on a few for the benefit of the many, and within the powers delegated to the Council, by the Charter of the City.-City Council v. Ahrens.....

241

3. Although if Congress pass a law authorizing the importation of any article of commerce on payment of a duty, or even without, no State can pass a law prohibiting the importation, yet as soon as the article ceases to be a part of the foreign commerce of the country, and passes into the hands of the retailer or consumer, it becomes a part of the property of the citizens of the State, and subject to the laws of the State; therefore an Ordinance of the City Council of Charleston, forbidding spirituous liquors, in the hands of the retailer or consumer, to be kept in certain places, is not an interference with the power of Congress to regulate trade..... Ib. 4. The Ordinance of the City Council of Charleston, entitled "An Ordinance to prevent the establishment of any new burial grounds within the limits of the City," is both constitutional and within the powers granted to them by the City charter.-City Council v. Baptist Church....

..... 306

5. If the power exists in the City Council to pass an Ordinance, the court has no jurisdiction to control its discretion in the exercise of it, provided it be exercised consistently with the laws and the constitution of the State: nor is it necessary to the existence of the power, that there be a present occasion for its exercise. It is sufficient that a future occasion may demand it. The province of the court is merely to declare whether the power is granted.......... Ib. 6. If an Ordinance be exceptionable on these grounds, an appeal against its enforcement, lies only to the corporators...........

Ib.

7. The power which enacted an Ordinance may repeal it, unless the rights or privileges it conferred might be claimed in the nature of a contract...... .... Ib. 8. In a summary process under the ordinance of the city of Charleston, against loitering, in describing the negroes it is not necessary to set forth either the sex of the negroes or their names, or the names of their owners.-City Council v. Seeba. 319

........

CLERGY, BENEFIT OF..

1. The Court of Appeals may give judgment after dismissal of an appeal in case of felony; and this, although the appeal has been abandoned and benefit of clergy prayed.-State v. Sutcliffe.. ..... 372

2. Where the indictment charges the burning of house, benefit of clergy is not taken away by the statutes which take it from the burning of a dwelling house, or barn having corn or grain in it......

CLERK.
Vide Costs, 4, 5.

COLLATERAL UNDERTAKING.

Vide Frauds, Statute of, 1, 2, 3.

COMMISSIONERS OF ROADS.

Vide Nonjoinder, 1.

Ib.

INDEX.

COMMON LAW.
Vide Slaves, 3.

CONFESSIONS.

Vide Evidence, 16.

CONGRESS.

Vide City Council of Charleston, 3.

CONSIDERATION.

Vide Frauds, Statute of, 3.

CONSPIRACY.

Vide Evidence, 12, 14.

CONSTITTTIONAL QUESTIONS.

Vide Court of Appeals, 1.

CONSTRUCTION.

537

1. The law will never, by any construction, advance a private to the destruction of
a public interest; but, on the contrary, will advance the public interest, as far as
it is possible, though it be to the prejudice of a private one.—City Council v. Bap-
tist Church....

Vide Deed 1, 2.
CONTEMPT.

306

1. The court refused to strike from the docket an appeal from the decision of the
Circuit Judge, imposing a fine, after rule served to shew cause, upon an attorney
of the court for contempt, although the fine had not yet been paid.-State v. Hunt 322
2. The Judge not only has power to fine for a contempt committed by an attorney
in the use of improper expressions towards another attorney, in the argument of
a cause in the presence of the court, but also he may, or not, in the exercise of his
legal discretion, use that power, and the punishment following its use is altogeth-
er discretionary with him..

Ib.

3. Extraordinary cases may occur, in which the court might hold that the power
to attach for a supposed contempt had been improperly used; but where the
contempt is palpable, and where the defendant in contempt, without apology,
Ib.
puts himself in the attitude of justification throughout, these facts do not af
ford a case for the interference of the court....

4. Every court has the power to fine for contempt, but notwithstanding this undeni-
able power, still whenever it is exercised, every citizen has the right to appeal.. Ib.
5. The provision of the Act of 1811, that no one shall be imprisoned without a
hearing, renders the proceeding by rule proper in all cases of contempt of cout Ib.

CONTINUANCE.
Vide Practice, 1.
CONTRACT.

1. The rule with regard to a written contract is, that the obligatory part of it, what
the party undertook to do or perform, shall not be varied by parol evidence. But
the date is no part of the contract. A deed is no deed until it is delivered; and if