office, and the copy of fuch declaration with a fummons is ferved on defendant by one of the marfhal's bailiff's, but if defendant is abfent from the ifland and has appointed an attorney, then if the letter of attorney is registered, in the fecretary or register's office, the declaration is served upon him or left at his usual place of abode: if no fuch letter of attorney is registered in the office, then if the defendant has a plantation on the island, the declaration, &c. must be served on the overfeer; and if neither is to be met with, it must be left at the house upon fuch plantation, if there is no plantation (the property of the defendant) it must be nailed on the court-house door.

cefs, &c.

All original process, and even writs of Original prodedimus poteftatem to commiffioners to take renunciation of dower, are iffued by the courts of common law, and tefted in the name of the chief juftice. No writs are iffued out of the chancery.

No real actions are in ufe, except ac- Real actions. tions in dower. The method of proceeding in the courts of the United-States, (in criminal cafes) is fimilar to that of the fuperior courts in England, except that in defending a prifoner, counsel are allowed to Q & addrefs

Obfervations

address the jury upon facts and evidence, as well as upon points of law.

Lord chief justice Hale, in his hiftory of of Lord Hale the Common Law, has the following remark applicable to the United

States.

on the courts of juftice in the feveral Counties in England, when the property of the subject was determined in thofe courts.

"All the Bufinefs of any moment was carried by factions or parties; for the freeholders being generally the judges, and converfing one among another, and being as it were, the chief judges, not only of the fact, but of the law. Every one that had a fuit there fped as they could make parties; and men of great power and intereft in the country did eafily overbear others in their own caufes, or in fuch wherein they were interested either by relation of kindred, tenure. Jervice, dependence, or application."

The United-States are, in fome degree, nearly in the fame fituation with the courts in England, at the time mentioned by Hale, and there is too much reafon to fear that fimilar caufes will produce fimilar effects. Many families are poffeffed of lands of vast extent they are connected by kindred with the gentlemen of the law, both of the bench

and

and bar, most of whom are themselves interested in some of these boundless land

pa

tents. It is not improbable that combinations may be made between the bench and bar whereby partial juries may be procured. In such cases property muft become precarious to people of different interests from them.

This is very much the cafe in South and North-Carolina.

The lawyers throughout America, who are appointed to prefide on the bench, are generally men of eminence in the profeffion, and of the first character in point both of integrity and ability; but it is certain that too much is left in their power*.

torney.

In Jamaica and Barbadoes the de- Counfel and atpartments of counsel and attorney are diftinct. In all the other iflands, and throughout the States, they are united.

* See the account of law proceedings in Connecticut in Peters's Hift. p. 298.

+ As to the admiffion of barrifters to practice in the WestIndies, by the license of a governor, without having been called to the bar in England and for many other interefting particulars relating to the profeffion, see Carribbeana, vol. 1. 382. «.

The

The fame person who manages the procefs, and brings the caufe into court, advifes his client and pleads the cause. The mere knowledge of practice avails nothing, nor is eminence to be here obtained by the utmost extent of legal knowledge, unaccompanied with the accomplishments of the orator. The palm is to him who has the handsomeft way of opening his mouth.

CHAP.

Of the Court of Admiralty* and Affairs
Maratime--Captures---Capitulations,

&c. &c. &c.

TH

miralty.

HE court of admiralty has three forts Court of adof jurisdictions.

I. It decides all maritime causes.

II. It determines the legality of captures in time of war.

&c.

III. It has a concurrent jurifdiction with Jurifdiction, the courts of record, where penalties and forfeitures are incurred by act of parliament, (in the dominions of England,) or a&t of affembly (within the United-States.)

The proceedings both in the United- Proceedings. States, British Provinces, and Weft-Indies,

There are very few admiralty precedents in print; fome are to be found in Stokes's Colony Conftitution, to which useful and excellent publication the reader is referred.

are