12

ERRATA.

Page 10 line 27, for "of ground" read or ground. 16, for "his counsel" read the plaintiff's counsel. 24, for "decisions" read decision.

113

137 last line for, " 1799," read 1779.

139. line 37, for "was unnecessary" read is unnecessary. 19, for the description" read one description.

170

183

191

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.

66

JOHNSON, J. My object in expressing my opinion in "this case, is to avoid having an ambiguous decision here"after imputed to me, or an opinion which I would not "wish to be 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 66 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, be cause I am of opinion that no appeal lies to this court "from the decision of a circuit court on a motion for a new trial."