tions. This defect must, of course, be apparent on the face of the bill, and may consist either in a want of jurisdiction in the court, or in the incapacity of the parties to sue or be sued, or in the want of proper allegations in the bill itself. If a demurrer is sustained, the petitioner may amend his bill, and cure, if possible, the defects therein; if it is overruled, the respondent may plead or answer, as he deems expedient. Read 3 Bl. Comm., p. 446. Story Eq. Pl., §§ 436-646. § 338. Of Pleas. A plea in equity is a special answer, in which the respondent urges some particular defence, by which the issue may be reduced to a single point. Such particular defences are a want of jurisdiction in the court, incapacity of the parties, or some statute, or matter of record, or other matter of fact, which defeats the claim of the petitioner. If this plea is sustained, the petitioner may amend his bill, or, if that be impossible, the plea will be a bar to his recovery on so much of the bill as is answered by the plea. If the plea is overruled, the respondent must answer, or suffer a decree to be taken against him. Read 3 Bl. Comm., p. 446. Story Eq. Pl., §§ 647–837. Adams Eq. Jur., pp. 336-342. Mitford and Tyler Eq. Pl., pp. 311-393. 1 Daniell Ch. Prac., pp. 630-651, 654, 655, 717–722. § 339. Of Answers. An answer in equity is a denial, or a confession and avoidance, of all the material allegations in the bill. Respon dents, who are jointly interested, should answer jointly; those severally interested may answer separately. An insufficient answer may be excepted to by the petitioner, and, if the exception is sustained, a further answer will be ordered by the court. Read 3 Bl. Comm., pp. 446, 447. Story Eq. Pl., §§ 838-876. Adams Eq. Jur., pp. 342-345. Mitford and Tyler Eq. Pl., pp. 393-411. 1 Daniell Ch. Prac., pp. 723-786. § 340. Of Replication. Amendments. Upon the filing of the answer, the petitioner may, if he deems it necessary, further amend his bill, or he may file a replication, to which the respondent may, if necessary, rejoin; and the pleadings may thus proceed until an affirmation upon one side, and a denial on the other, is attained, and the parties are prepared to submit their controversy to the investigation and determination of the court. Read 3 Bl. Comm., p. 448. Story Eq. Pl., §§ 877–905. Adams Eq. Jur., pp. 346, 347. Mitford and Tyler Eq. Pl., pp. 412-414. 2 Daniell Ch. Prac., pp. 826–830. § 341. Of Trial and Evidence. Issues of fact are, in equity, tried and decided by the judge, and not by a jury. The evidence is taken, either before the judge himself, or before commissioners appointed for that purpose by the court. The rules, which govern the admissibility and production of the evidence, are, in general, the same as in courts of law, except in reference to the admissibility of oral evidence to explain, rebut, or correct a written instrument. Read 3 Bl. Comm., pp. 449-452. Adams Eq. Jur., pp. 362-373. Mitford and Tyler Eq. Pl., pp. 458–469. 2 Daniell Ch. Prac., pp. 831-981. § 342. Of Decrees. The judgment of a court of equity is called a decree. If the judgment is in favor of the respondent, the bill is dismissed. If it is in favor of the petitioner, the decree orders the respondents, under a suitable penalty, to do, or to refrain from doing, the acts specified therein. The process, by which information as to this order is communicated to the respondents, answers to the execution in a court of law. If the respondents fail to execute the order of the court, the petitioner may sue for the penalty, or the respondents may be arrested, and punished by fine and imprisonment, for contempt of court. Read 3 Bl. Comm., pp. 452–454. Adams Eq. Jur., pp. 375–395. Mitford and Tyler Eq. Pl., pp. 469-471, 490-492. 2 Daniell Ch. Prac., pp. 1000, 1059, 1060. § 343. Of Bills of Review. A decree in equity, like a judgment at law, is final, unless reversed on account of error on the face of the record, or the discovery of some new evidence. The proceeding, in which such claims are urged and determined, is called a bill of review. Read 3 Bl. Comm., p. 454. Story Eq. Pl., §§ 403–428. Adams Eq. Jur., pp. 416-420. Mitford and Tyler Eq. Pl., pp. 181-192, 483-488. BOOK III. OF PUBLIC RIGHTS. § 344. Of the Nature of Public Rights. Public rights are the rights, which a state possesses over its subjects, and which the subjects, in their turn, possess in or against the state. In contemplation of law, a state is a political person, endowed with certain rights, and charged with the performance of certain duties. Some of these rights and duties arise out of its relations toward other states, and the rules, by which these are defined and regulated, constitute that division of the law called international law. Other rights and duties arise out of its relations toward its own subjects, and the rules, by which these are defined and regulated, constitute one branch of municipal law. The extent and character of the rights and duties, of the latter class, depend mainly upon the nature of the state, and upon the theory of civil government, which underlies its institutions. Read 1 Bl. Comm., pp. 146, 233–239. Vattel, B. i, § 2. 2 Burlamaqui, pp. 29–41. Austin Jur., Lect. xliv. Pomeroy Mun. Law, § 622. CHAPTER I. OF THE NATURE AND FUNCTIONS OF A STATE. § 345. Of the State. According to the theory, which forms the basis of Amer. ican institutions, a state is a political society, organized by the common consent of the inhabitants of a certain territory, for purposes of mutual advancement, protection, and defence, and exercising whatever powers are necessary to that end. Read Vattel, B. i, §§ 1, 4, 14-23, 31. 2 Burlamaqui, pp. 1-15, 23-29, 73. 1 Wilson, pp. 304-312. It was § 346. Of the Formation of the United States. The United States is such a political society. organized by the common consent of the people, inhabiting its territory, to the terms of the compact called the Federal Constitution, and is endowed with those powers, and those only, which are essential to its accomplishment of the purposes, for which it was created. The original thirteen States are societies of the same nature. Their existence, as com |