A tax on carriages, under the act of June 5th, 1794, (1 Stats. at Large, 373,) is not a
direct tax, and so not required by the constitution to be laid according to the census.
Hylton v. The United States, 150.

TENDER.

It requires an express stipulation to entitle a party, making a tender, to demand a
release before he delivers what is tendered. Hepburn v. Auld, 419.

TREASON.
BAIL.

TREATIES.

1. Under the nineteenth article of the treaty with France, a privateer has a right to
make repairs in our ports. Moodie v. Ship Phœbe Anne, 237.

2. The replacement of her force is not an augmentation of it. Ib.

3. The 4th article of the definitive treaty of peace, between the United States and
Great Britain, concluded on the 3d of September, 1783, enables British creditors
to recover debts, previously contracted to them by our citizens, notwithstanding a
payment of the debt into a State treasury had been made during the war, under the
authority of a State law of sequestration. Ware v. Hylton, 164.

INTERNATIONAL LAW, 1; LIMITATIONS OF ACTIONS, 2; PRIZE, 2. 3.

UNITED STATES.

DISTRICT OF COLUMBIA, 5. 6; STATUTES, 10-16.

USURY.
CONTRACT, 2.

VENDOR AND PURCHASER.

A material misrepresentation by a vendor, though made by mistake, must be made
good; if it is not in his power to do it specifically, then by way of damages. M'Fer-
ran v. Taylor, 577.

WARRANT.

A warrant of commitment held illegal, because it did not state some good cause certain
supported by oath. Ex parte Burford, 638.

WILL.
STATUTES, 4.

WITNESS.

In a suit between the original owner of a settlement right and one claiming the land
under an assignee of that owner, such assignee is a competent witness to prove that
he never owned the land and never assigned the warrant. Wilson v. Speed, 582.

WRIT.
MARSHAL.

WRIT OF ERROR.

1. The 22d section of the Judiciary Act, (1 Stats. at Large, 84,) authorizes a writ of
error only after a final judgment or decree. Rutherford v. Fisher, 318.

2. Writs of error to remove causes to this court from inferior courts can regularly issue
only from the clerk's office of this court. West v. Barnes, 2.

3. The removal of suits from the circuit court into the supreme court must be by writ
of error in every case, whatever may be the original nature of the suits. Blaine v.
Ship Charles Carter, 319.

4. A writ of error must be returned and entered at the return term. If a term inter-
vene, the objection is fatal, and the error is not capable of being removed by any
amendment. Hamilton v. Moore, 265.

5. A rule having been obtained by defendant in error, at the opening of the court, that
the plaintiffs appear and prosecute their writ of error within the term, or suffer
a non pros., and it being found that errors had been assigned in the court below,
and a joinder in error entered here, the rule was changed to the following: "That
unless the plaintiff in error appear and argue the errors to-morrow, a non pros. be
entered. The plaintiff's not appearing, a non pros. was entered according to the
rule. Hazlehurst v. United States, 310.

6. A citation not served is as no citation. Lloyd v. Alexander, 426.

7. A writ of error will be quashed if not accompanied by a citation. Ib.

8. The original citation to the defendant in error, signed by the judge, must be re-
turned. Wilson v. Daniel, 284.

9. When an act, passed when there was no circuit court whose term would not be
finished more than forty days before the sitting of the supreme court, required
thirty days' notice of a writ of error, and allowed ten days for filing it, and the
times of the sessions of the courts had been altered, but no alteration made respect-
ing the thirty days' notice, it was announced that, "for the present," the court
would not take up the cause if the citation had not been served thirty days, until
the thirty days had expired, unless the defendant in error should appear. Lloyd v.
Alexander, 426.

10. A certiorari will be awarded upon a suggestion that the citation has been served,
but not sent up with the writ of error. Field v. Milton, 654.

11. If the plaintiff in error does not appear, the defendant may either have the plain-
tiff called, and dismiss the writ of error, with costs, or he may open the record and
go for an affirmance. Montalet v. Murray, 570.

12. Where the only certificate by the clerk, in verification of the record below, was:
Copy. Teste, W. M., clerk," it was held that the verification was insufficient.
Wilson v. Daniel, 284.

13. A writ of error may be amended by filling the blank left for the return day, there
being enough on the writ to amend by. Mossman v. Higginson, 313.

14. A writ of error, tested in the vacation after the last term, is amendable. Course v.
Stead, 319.

1 Sed vide subsequent statute. March 3, 1803.

15. The omission of the name of the district in the address of the writ is not material
if the indorsement and attestation show the district. Ib.

16. A majority of the court being of opinion that the judgment below was erroneous,
but being equally divided whether the court below had jurisdiction, the judgment
was reversed, but no venire facias de novo was awarded. Bingham v. Cabbot, 76.
17. A plaintiff may assign for error, want of jurisdiction of the court in which he
instituted his suit. Capron v. Van Noorden, 459.

18. A writ of error in an equity cause will be dismissed if the record contain no state-
ment of fact.' United States v. Hove, 419.

19. It is not ground for reversing a decree of the circuit court in an admiralty cause,
brought up on a writ of error under the Judiciary Act, that the facts, on which the
decree was founded, do not appear of record. Hills v. Ross, 162.

20. Under the Judiciary Act, in cases in equity and admiralty, a statement of facts,
made by the circuit court on the record, is conclusive of all the facts it contains,
even if all the evidence comes up in the record. Wiscart v. Dauchy, 240.

21. If the decree in an equity cause finds a fact, that is such a statement of it as the
Judiciary Act requires. Ib.

22. The decision in Wiscart v. Dauchy, (3 D. 321,) confirmed. Jennings v. Brig Per-
severance, 251.

23. An objection that counsel fees were allowed in the court below as part of the
damages, cannot be entertained unless the fact appears by the record. Ib.

BOND, 5; COSTS, 2; COURTS OF THE UNITED STATES, 9-11. 17-25; Damages,
1. 2. 3; DISTRICT OF COLUMBIA, 4; EXCEPTIONS; INTEREST; NEW TRIAL;
PRACTICE, 7; REVENUE LAWS, 2.