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No. 21.

Plea and Answer.

SUPREME COURT OF THE UNITED STATES.

JANUARY TERM, 1840.

THE STATE OF RHODE ISLAND

vs.

THE COMMONWEALTH OF MASSACHUSETTS.

The Plea and Answer of the said Commonwealth of Massachusetts to the amended Bill of Complaint of the said State of Rhode Island.

And now, the said Commonwealth of Massachusetts, by protestation, not confessing or acknowledging all or any of the matters. and things in the complainant's said bill of complaint contained to be true, in such manner and form as the same are therein and thereby charged and alleged, as to the relief which is sought by the said bill, and as to all which it asserts, alleges, and prays for, touching the boundary line between the parties, the defendant says: [Statement of plea.]

And the said defendant doth plead the said agreement of the nineteenth of January, one thousand seven hundred and ten; and the said agreement in pursuance and confirmation thereof, of the twenty-second of October, one thousand seven hundred and eighteen, and unmolested possession according to the same, from the date of the said agreements, in bar to the whole bill of complaint of the said complainant, and against any further or other reliefs therein; and prays the judgment of the court, whether said defendant ought further to answer the said bill, and that said defendant may be hence dismissed, with costs in this behalf sustained.

And the defendant, not waiving said plea, pleaded as aforesaid, but relying and insisting on the same, by way of answer in support of said plea, and to everything alleged in said bill, to show that the said agreements ought not to stand and be allowed as good and conclusive against the parties, and a valid and effectual bar to the said bill of the complainants, says:

[Statement of the answer in support of plea.]

And the defendant says that there is no other matter or thing

in the complainant's said bill of complaint contained, material for this defendant to make answer unto, and to which said defendant has not already pleaded and answered as aforesaid; all which matters and things pleaded and answered as aforesaid, the defendant is ready to verify and maintain as the court shall order. Wherefore said defendant prays to be hence dismissed with costs. DAN'L WEBSTER,

For the Commonwealth of Massachusetts.
JAMES AUSTIN,

Attorney-General of Massachusetts.

No. 22.

Answer.

SUPREME COURT OF THE UNITED STATES.
TERM 1841.

Vacation after January.

THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

vs.

THE COMMONWEALTH OF MASSACHUSETTS.

The Ansurer of the said Commonwealth of Massachusetts to the said Bill of Complaint of the said State of Rhode Island and Providence Plantations.

The defendant saving and reserving to itself, now and at all times hereafter, all and all manner of benefit and advantage of exception, that can or may be had or taken to the many errors, uncertainties, and insufficiencies in the said bill of complaint contained, for answer thereto, and unto so much thereof as this defendant is advised it is in any wise material or necessary for it to make answer unto, Answering says:

[Statements of the answer.]

And this defendant denies all and all manner of unlawful combination and confederacy in the said complainant's bill charged against it, without that, there is any other matter or thing in the complainant's said bill of complaint contained, material and effec

tual, for this defendant to make answer unto, confessed or avoided, traversed or denied, is true to the knowledge or belief of this defendant. All which matters and things this defendant is ready. to aver, maintain, and prove, as this honorable court shall award, and humbly prays to be hence dismissed with its reasonable costs and charges in this behalf wrongfully sustained. The Commonwealth of Massachusetts.

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This repliant now comes and, saving and reserving to herself all and all manner of advantage of exception to the manifold insufficiencies of the said answer, for replication thereunto says, that she will aver and prove her said bill to be true, certain, and sufficient in the law to be answered unto, and that the said answer of the said defendant is uncertain, untrue, and insufficient to be replied to by this repliant, without this, that any other matter or thing whatsoever in the said answer contained material or effectual in the law to be replied to, confessed and avoided, traversed or denied, is true; all which matters and things this repliant is and will be ready to aver and prove, as this honorable court shall direct; and humbly prays as in and by her said bill she has already prayed.

R. A. H. and
J. W. N.,

Solicitors for Complainant.

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R. A. H., agent and solicitor for complainant, on oath says, the testimony of J. R., of, is important and material for the complainant on the trial of the above-named cause, and that the said J. R. is very aged and infirm.

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Complainant, by her agent and solicitor, R. A. H., moves the court for an order to take the deposition of J. R., of

esse.

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R. A. H.,

de bene

Solicitor for Complainant.

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On consideration of the motion made in this cause on the instant, by Mr. H., solicitor for the complainant, it is now here ordered, that leave be and is hereby given to the complainant to take the deposition of J. R., of, State of de bene esse, in the above-mentioned case, upon thirty days' notice of the time and place at which it is to be taken, to be given by the Governor of to the Governor of ; the deposition to be taken before a commissioner of the United States for the district of

and to be forthwith returned by him to the clerk of this court; the name of the case to be indorsed on the envelope, and the name of the commissioner also written thereon by him.

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To the Governor of the State of — :

SIR, I hereby respectfully notify you that, pursuant to an order of the Supreme Court of the United States, made at the October term thereof, 18, giving leave to the complainant in the above-entitled cause to take the deposition of J. R., of State of ——, de bene esse, in said cause, the deposition of the said J. R. will be taken by and on behalf of said complainant, at the dwell

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