Ellmore v. . Mills

This is well certified, though not in the mode prescribed by the act of Congress. That act is only affirmative, and does not abolish such modes of authentication as were used here before it passed, and this was the usual mode before that act; but the plaintiff must swear that he has not the original in his possession or power (360) before he can give the copy in evidence.

In the further progress of the cause the plaintiff offered in evidence some acts of the General Assembly of Virginia, copies of which were certified by the clerk of the House of Delegates, and he was certified by the Governor to be the clerk of that House, and the proper officer to certify the proceedings of the Legislature. *Page 279

The Secretary is the officer who has the keeping and is entrusted to make out copies of the acts of the Legislature. The clerk of the House of Delegates can only certify such proceedings as take place in the House of Delegates.

In the further progress of this cause the counsel for the plaintiff offered to read a deposition. The notice was that it would be taken in a certain county in the State of South Carolina, at the house of John Archelaus Ellmore; and the deposition was certified to have been taken in that State and county at the house of John Ellmore, and it was objected that the deposition was not taken at the place appointed by the notice, and so that the defendant had lost the benefit of cross-examination.

We will presume John Archelaus Ellmore and John Ellmore to be intended for the same person.

Another point in this case was whether the plaintiff was barred by the act of limitations. The negroes had been in possession of one Jordan, who claimed them as his own, from Christmas, 1785, when he brought them to this State and sold them to Mills, against whom no action was commenced till March, 1793.

The act of limitations began to run from the time the negroes came into the possession of the defendant, unless he was entrusted with them by the plaintiff for an indefinite time; for then the act will not begin to run till demand made, or unless the plaintiff can show that the defendant removed himself to such places where the plaintiff could not find him to institute his suit, or had the negroes without the knowledge of the plaintiff.

So defendant had a verdict, and there was judgment for him.

See Berry v. Pullam, ante, 16.

Cited: Pursell v. Long, 52 N.C. 106. *Page 280