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ERRATA.

Fage 10 line 27, for "of ground” read or ground. 16, for "his counsel" read the plaintiff, counsel. 24, for "decisions" read decision.

12

119

137 last line for, " 1799," read 1779

139
170

183

191

line 37, for "was unnecessary" read is unnecessary. 19, for "the description" read one description. 15, for "defence" read offence.

9, after the opinion of the court, in the case of The Marine Insurance Company of Alexandria v. Young, insert the following opinion of Judge Johnson, which was mislaid and omitted to be inserted in its proper place.

JOHNSON, J." My object in expressing my opinion in this case, is to avoid having an ambiguous decision hereafter imputed to me, or an opinion which I would not wish to he understood to have given.

"I decide against the appellant on the first point, because an examination of a witness, taken under commission, cannot possibly be considered written evidence, as the counsel have contended it is; nor is the meaning of a witness, words for the court to determine; but strictly within the province of the jury.

"I decide against the appellant on the second ground, because I am of opinion that na appeal lies to this court from the decision of a circuit court on a motion for a "new trial."

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to the district<

THE writ of error in this case was dismissed by A writ of error the assent of the attorney-general, it having been does not lie lirectly from the issued from this court directly to the District Court supreme court for MAIN District; whereas by the 10th sect. of the of the U. States judiciary act of 1789, vol. 1. p. 55. writs of er- court of the disror lie from decisions in that court to the circuit trict of Main, altho' the latcourt of Massachusetts in the same manner as from ter has all the other district courts to their respective circuit original juriscourts; notwithstanding that the district court of Main has all the original jurisdiction of a circuit

court.

diction of a cir; cuit coart.

CHARLES ALEXANDER v. THE MAYOR AND
COMMONALTY OF ALEXANDRIA.

ERROR to the circuit court of the district of Co- The corporation of Alexanlumbia, sitting at Alexandria, to reverse a judgment dria has power of that court rendered against the plaintiff in to tax the lots crror on motion, for taxes due to the defendant in error for paving the streets in Alexandria.

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and lands of non-residents. It is not neses.

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ALEXANDER A bill of exceptions stated that the plaintiff below MAYOR C. produced and read to the court the following acts of the general assembly of Virginia, viz. "An act sary that the for incorporating the town of Alexandria in the lota should be county of Fairfax, and the town of Winchester in the half-acre lots. Those taxes County of Frederick," passed October 4th, 1779, cannot be re- by which it is enacted that "The mayor, recorder, covered by mo- aldermen and common councilmen shall have power the case of a to erect and repair work-houses, houses of person holding tion, and prisons and other public buildings for the no other probenefit of the said town; and to make by-laws and perty in the ordinances for the regulation and good government

tion, unless in

land, who has

town.

correc

of the said town," not repugnant, &c. (" and to assess the inhabitants for the charge of repairing the streets and highways,) to be observed and performed by all manner of persons residing within the same, under reasonable penalties and forfeitures, to be levied by distress and sale of the goods of the offenders for the public benefit of the said town."

Also the act of 1786, "To extend the limits of the town of Alexandria," by which it is enacted that the limits of that town" shall extend to and include as well the lots formerly composing the said town as those adjoining thereto which have been and are improved.'

Also the act of December 16th, 1796, "Concerning the town of Alexandria," by which it is enacted "That it shall and may be lawful for the mayor and commonalty of the town of Alexandria to recover of and from all and every person or persons holding land within the limits of the said town, and who have no other property within the said town on which the taxes or assessments imposed on such property for paving the streets therein can be levied, the amount of such taxes or assessments by motion in the court of the county or corporation where such person or persons reside; provided that such person or persons have ten days' previous notice of such motion, and the amount of the taxes or assessments due from him, her or them. And provided also that nothing herein contained shall be so construed as to empower the court to give judgment against any person or persons residing out of the limits of the corporation

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