by depositions, which, after issue on plea, or filing answer and replication, are to be opened in the same manner as in cases at common law. 13. The court will direct an issue to the jury, when it is necessary. 14. The defendant may, should he elect so to do, avail himself of the subject matter of a plea in bar, by inserting it in his answer.' 15. 'Demurrers, pleas, and answers, shall be decided on their own respective merits. Answers are not to be considered as overruling pleas, nor answers or pleas as overruling demurrers.' 16. Amendments may be made at any stage of the proceedings, by leave of, and terms prescribed by, the court. 17. Depositions in perpetuam rei memoriam, may be taken for and used in the same manner in trials in chancery as at common law. 18. Instead of a bill of revivor, the original bill may be amended according to the statement of facts where a change has taken place as to the person entitled to prosecute; or if a change has taken place in respect to the person or persons proper to defend, ‘a suggestion thereof shall be inserted in an amendment of the bill, and a subpæna served as before mentioned, on the person substituted or joined, to appear and answer.' 19. Supplemental bills may be dispensed with, and the new facts inserted, by way of amendment of the original bill, at any time before decree. Georgia and the Cherokees. The question between Georgia and the Cherokees relating to the right of that state to jurisdiction over that nation, is to be brought before the Supreme Court under a bill in chancery, in which the nation describe themselves as 'a foreign state, not owing allegiance to the United States, nor to any state of this Union, nor to any other prince, potentate, or state.' The bill alleges that the interference of the Supreme Court is the only remedy of the plaintiffs against the jurisdiction assumed by Georgia, and prays that the state of Georgia should be made defendants, and that the said state of Georgia, her [?] governor, attorney-general, judges, magistrates, sheriffs, deputy-sheriffs, constables, and all other her officers, agents, and servants, civil and military, may be enjoined and prohibited from executing the laws of that state within the boundary of the Cherokee Territory.' Notice was served on the governor of Georgia, by John Ross, the principal chief of the Cherokees, that on the fifth of March, the Cherokees will move the Supreme Court for such an injunction. The question, then, is whether a valid treaty can be made with the Cherokee nation under our constitution, so that the members of the nation and the citizens of the United States may avail themselves of its provisions as a part of the law of the land. 226 LIST OF JUDGES. Corrections in, and additions to, the List of Judges in the January number of the Jurist for 1830. NEW JERSEY. Rossel. UNITED STATES COURTS. ForWilliam Russell,' District Judge, read William VIRGINIA. District Judge of the United States for the E. District, P. P. Barbour, vice George Hay. STATE COURTS. MAINE. Com. Pl. (Vacancy.) Vice Samnel E. Smith elected Gov ernor. VERMONT. Supreme Court. Titus Hutchinson, C. J. vice Richard Skinner; Ephraim Paddok, continued; Charles K. Williams, Stephen Royce, and John C. Thompson, vice Samuel Prentiss, Bates Turner, and Titus Hutchinson. MASSACHUSETTS. Parker, deceased. Supreme Court. Lemuel Shaw, C. J. vice Isaac CONNECTICUT. Supreme Court. Thomas S. Williams, J., and Clark Bissel, J., vice Jeremiah G. Brainard, and James Lanman. NEW YORK. Circuit Court. James Vanderpoel and Addison Gardner, vice William A. Duer and John Birdsall. City Superior Court. Josiah O. Hoffman, vice Josiah Ogden. NEW JERSEY. Supreme Court. Charles Ewing, C. J.-salary $1200; Gabriel H. Ford, George K. Drake, Zachariah Rossel, Justices-salaries $1100 each. PENNSYLVANIA. Supreme Court. John B. Gibson, C. J.-salary $2666 67; Molton C. Rogers, Charles Huston, John Ross, Justices—salaries $2000 each. District Court, City and County of Philadelphia. Joseph Barnes, C. J., John Hallowell, Charles S. Coxe, Justices-salaries $2000 each. DELAWARE. Chancellor, Kensey Johns-salary, $1000. Supreme C. J.-salary $1000. Isaac Davis, Joseph G. Rowland, Edward Dingle, Justices-salaries $500 each. Court. VIRGINIA. Supreme Court of Appeals. Francis T. Brooke, William H. Cabell, John Coalter, John W. Greene, Dabney Carr-salaries $2500 each. Superior Court of Chancery. Creed Taylor, William Brown, H. St. G. Tucker, Allen Taylor-salaries $1667 each. General Court. Robert White, Archibald Stuart, William Brockenbrough, Peter Johnston, Daniel Smith, James Allen, John T. Lomax, Fleming Saunders, William Daniel, James Semple, R. E. Parker, Lewis Summers, A. P. Upshur, R. H. Field, John F. May. Salaries $1500 each, and $3 for every 20 miles' travel on the circuit. NORTH CAROLINA. Supreme Court. Leonard Henderson, C. J.; John Hall and Thomas Ruffin, Justices-salaries $2500 each. Superior or Circuit Court. William Norwood, J. Daniell, John R. Donnell, Robert Strange, Willie P. Margum, James Martin. Each judge is paid $90 for each court held by him in each of the counties. SOUTH CAROLINA. Chancellors, Henry W. Dessausure, salary $3500. William Harper-salary $3000. Superior Court of Appeals. Charles J. Colcock, David Johnson, -,1-salaries $3500 each. General Sessions and Common Pleas. Elihu H. Bay-salary $2572; Robert Gautt, John S. Richardson-salary of each $3500; Daniel E. Huger, J. B. O'Neal, Josiah J. Evans-salaries of each $2500. OHIO. Supreme Court. Peter Hitchcock, C. J.; Joshua Collet, Elijah Hayward, Henry Brush, Justices-salary $1200 each. Circuit Courts. Reuben Wood, vice George Todd. INDIANA. Circuit Courts. Presidents, John R. Porter, John Law, J. R. E. Goodellet, John F. Ross, B. F. Morris, Miles C. Eggleston, and Charles Test-salary $700 each. MISSOURI. Supreme Court. ALABAMA. Supreme Court. vice N. B. Tucker. Abner S. Lipscomb, Reuben Safford, H. W. Collier, John M. Taylor, John White, A. Crenshaw, and S. L. Perry-salary of each $1750. MISSISSIPPI. Chancellor, John A. Quitman-salary $2000. Supreme Court. Edward Turner, C. J.; Joshua Child, John Black, James R. Nicholson, Harry Cage, Justices-salary of each $2000. LOUISIANA. Supreme Court. George Matthews, Francis X. Martin, Alexander Porter. Criminal Court of New Orleans. J. W. Smith. District Courts. Joshua Lewis, Isaac Baldwin, Benjamin Winchester, Charles Bushnell, Lewis Esnault, Seth Lewis, Henry A. Bullard, I. H. Overton, Clark Woodruff. TENNESSEE. Supreme Court of Errors and Appeals. Robert Whyte, John Catron, Jacob Peck-salary of each $1800. Chancellors. Nathan Greene, W. A. Cook-salary of each $1500. Circuit Courts. Samuel Powell, Edward Scott, J. C. Mitchell, Thomas Stuart, J. C. Hamilton, Joshua Haskell, Charles F. Keith, N. W. Williams, William E. Kennedy, P. W. Hampkrigs, William B. Purley—salaries $1300 each. KENTUCKY. Court of Appeals. George Robertson, C. J., Joseph R. Underwood, Richard A. Buckner, Justices-salary $1500 each. Circuit Courts. William P. Roper, H. P. Brown, Thomas M. Hickey, Daniel Mayes, Henry Pictle, H. P. Brodnax, Benjamin Shackleford, Benjamin Monroe, William L. Kelly, Richard French, S. W. Robbins, J. L. Bridges, P. I. Booker, Alney McLean, Joseph Eve. QUARTERLY LIST OF LAW PUBLICATIONS. AMERICAN. A General Collection of Forms and Precedents, for Process, Entries, and Pleadings, in Civil Actions at Law. Adapted to the Revised Statutes of New York. By John L. Tillinghast. Albany. William Gould & Co. New York. Gould & Banks. 1830. We have not learned who is appointed Chief Justice of this court in place of Judge Nott, deceased. The Commercial Directory and Digest of the Laws of the United States relating to Commerce, including a Tariff or Rates of Duties, and Tables of Calculation, applicable to all manufactures of wool or cotton imported into the United States. By Myer Moses. New York. Ludwig & Tolefree. 1830. New England Sheriff: or Digest of the Duties of Civil Officers; being a Compendium of the Laws of Massachusetts, with reference to those of the neighboring States, upon those subjects. With copious Forms. By Isaac Goodwin, Counsellor at Law. Worcester. Dorr & Howland. Boston. Richardson, Lord, & Holbrook. 12mo. Speeches and Forensic Arguments. Gray & Bowen. 1831. pp. 312. Boston. The Political Class Book. Intended to instruct the Higher Classes, in Schools, in the Origin, Nature, and Use of Political Power. By William Sullivan. With an Appendix: By George B. Emerson. Second edition, with Amendments and Additions. Boston. Richardson, Lord, & Holbrook. 1831. [This edition contains very considerable additions and emendations to the first. It is, as we mentioned in our former number, calculated to be very useful in initiating pupils in their rights and obligations as citizens, and in giving them an outline of our political and juridical institutions.] ENGLISH REPUBLISHED. An Abridgment of the Law of Nisi Prius. By Wm. Selwyn, Esq. with Notes and References to the Decisions of the Courts of this country: By H. Wheaton, Counsellor at Law. Fourth American, from the seventh London Edition, with additional Notes and References: By Thomas J. Wharton. 2 vols. 8vo. E. F. Bachus, New Haven, and P. H. Nicklin, and T. Johnson, Philadelphia. 1831. A Treatise on the Principles and Practice of the Action of Ejectment and the resulting Action for Mesne Profits. By John Adams. From the last London edition. To which are added Notes of the Decisions made by the Supreme and Circuit Courts of the United States, and by the Courts of the several States, where decisions have been reported, upon the Action of Ejectment and the Action for Mesne Profits, and Notes of Decisions upon those subjects made in the English Courts, to the present time, except those cited in the text. Together with the Statutory Provisions in relation to those actions contained in the Revised Statutes of New York, and Precedents of Entries, Pleadings, and Process adapted thereto. By John L. Tillinghast, Counsellor at Law. Albany. W. & A. Gould & Co.; and New York, Gould, Banks, & Co. 1830. Reports of Cases Argued and Determined in the English Courts of Common Law, with Tables of the Cases and Principal Matters. Edited by Thomas Sargeant and John C. Lowber, Esqs. Vol. 17, containing Cases in the King's Bench, from 1827 to 1829; and Common Pleas, from 1821 to 1829. Philadelphia. P. H. Nicklin & T. Johnson. 1830. A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench, Common Pleas, Exchequer, and at Nisi Prius; comprising a Practical Treatise on the different Branches of the Common Law. By Charles Petersdorf, Esq. Vol. 6. New York. R. H. Treadway. 8vo. IN THE PRESS. W. Richardson, Lord, & Holbrook have in the press, and ready for publication, A Digest of Pickering's Reports, vols. 2 to 8 inclusive, with a List of Statutes Cited and Commented upon in all the Massachusetts and Pickering's Reports, and with occasional references to parallel Cases in other States. By Willard Phillips and others. THE AMERICAN JURIST. NO. X. APRIL, 1831. ART. I.-MATHEWS ON PRESUMPTIONS. A Treatise on the Doctrine of Presumption and Presumptive Evidence, as affecting the title to Real and Personal Property. By JOHN H. MATHEWS, Esq. of Lincoln's Inn, Barrister at Law. With Notes and References to American Cases: By BENJAMIN RAND, Esq. New York. Gould, Banks, & Co. 1830. pp. 508. THIS work was published in England in 1826. The author states his object to be 'to investigate and explain the doctrine of presumption and presumptive evidence in their application to titles, and to show how far defects in titles arising from want of direct evidence, may be supplied by established presumptions, or by those which are afforded by the particular circumstances of the case.' He has accordingly struck upon a branch of law which, in its broad and leading doctrines, is one of philosophical, no less than legal inquiry. Mr. Glassford, of Edinburgh, has undertaken more particularly to investigate this and other descriptions of evidence, philosophically, and to disclose those grounds of assent and belief, which are the same in law and all other sciences, as well as in practical affairs; and which do not vary with time and place. It is to be wished that others would follow in the same train of inquiry, in reference, particularly, to the subject of evidence as a branch of the law. Though many of the doctrines of the law on the subject of presumption are wholly arbitrary and conventional, having no direct reference to |