entry has been sustained in the state courts of Kentucky.

Supposing the entry of Chapman Austin to be good, the next inquiry is, whether it is rightly surveyed; for if it is, then Christian's and Miller's entries are, also, rightly surveyed. It is contended that, as no base or figure is given by the entry, the land cannot be laid off in any direction; and if so, neither the survey made by order of the circuit court, nor, indeed, any other survey, can be good. But it is a settled rule, which has been repeatedly recog nised by this court, that where no other figure is called for in an entry, it is to be surveyed in a square, coincident with the cardinal points, and large enough to contain the given quantity; and that the point of beginning is to be deemed the centre of the base line of such square. In the present case, a point two miles distant from Harrod's Lick is to be taken as the centre of the base line of a square, to contain the given quantity of land. The entry calls to run about a north course for quantity; but, according to the course of decisions in Kentucky, the word, "about," is to be rejected, and the land is to run a due north course, having on each side of a due north line, drawn through the centre of the base, an equal moiety. This is precisely the manner in which the survey was directed to be executed by the court below.

Another objection to the title of the plaintiffs, is, that the survey on Miller's entry was not executed and returned within the time prescribed by law.

1817.

Shipp

V.

Miller's

heirs.

1817.

Shipp

V.

Miller's

heirs.

The act of 1797, taken in connexion with preceding acts, declares, that entries for land in general shall become void, if not surveyed before the first day of October, 1798; with a proviso, allowing to infants and femes covert three years after their several disabilities are removed to complete surveys on their entries. The ancestor of the plaintiffs died in 1796, and some of them then were, and still continue to be, under the disability of infancy. The present entry was not surveyed until 1804.

It is argued, that the proviso does not save any entries, except where all the owners are under the disability of infancy or coverture, at the time when the general limitation takes effect. And, it is likened to the case decided by this court, where a joint personal action was held not to be saved by the disability of one of the plaintiffs, from the operation of the statute of limitations. [Marsteller v. McLean, 7 Cranch, 156.] It is admitted, that there is some analogy between the cases; but, as they do not arise upon the same statute, a decision in the one furnishes no absolute authority to govern the other. There are, also, differences in the nature and objects of these statutes, which might well justify a different construction. The statute of limitations is emphatically termed a statute of repose; it is made for the purpose of quieting rights, and shutting out stale and fraudulent claims. It has, therefore, always been construed strictly against the plaintiff, and no case has been excepted from its operation, unless within the strict letter or manifest equity of some exception in the act itself. The statutes of Kentucky, allow

ing further time to owners to survey their entries, is made with a different aspect. It is to save a forfeiture to the government; and acts, imposing forfeitures, are always construed strictly as against the government, and liberally as to the other parties. It is manifest that the act meant to protect the rights of infants and femes covert from forfeiture until three years after the disability should be removed. Yet if the argument at bar be correct, their rights are completely gone in all cases where they are not the sole and exclusive owners. Such a construction would materially impair the apparent beneficial intention of the legislature. If, on the other hand, they are authorized in such cases to have their entries surveyed and returned, so as to protect their own joint interest, no reason is perceived why such survey may not be justly held to enure to the benefit of all the other joint owners. The courts of Kentucky have already decided this question; and held, that if any one joint owner be under disability, it brings the entry within the saving of the proviso, as to all the other owners. [Kennedy v. Bruice, 2 Bibb's Rep. 371.] This is a decision upon a local law, which forms a rule of property; and this court has always held in the highest respect, decisions of state courts on such subjects. We are satisfied it is a reasonable interpretation of the statute, and upon principle or authority see no ground for drawing it into doubt.

The title of the plaintiffs being established, it is next to be compared with the titles of the respondents. It is conceded on all sides, that none of the titles of the latter are of superior dignity to that of

1817.

Shipp

V.

Miller's heirs.

1817.

Shipp

V.

Miller's heirs.

the plaintiffs, except the title claimed under an entry of Thomas Swearingen, on a military warrant. This entry is as follows: "On the 26th of April, 1780, Thomas Swearingen enters 1,000 acres in Kentucky, by virtue of a military warrant, for military services performed by him last war, on a spring branch about six miles a northeastwardly course from Stoner's spring, to include a tree, marked A. B. C. S. T. at the head of said spring." Stoner's spring is admitted to be a place of notoriety; but the marked tree and spring branch, instead of being at the distance of six miles, is found at the distance of four miles and a half, and in a course not northeasterly. The call for a spring branch generally, or for a spring branch, to include a marked tree at the head of the spring, is not a sufficiently specific locative call. It requires farther certainty to point out its position; and this is attempted to be given in the present entry by the call for course and distance. The course is not exact, and the distance called for is a mile and a half from the place where the object is to be found. It is the opinion of this court, that it would be unreasonable to require a subsequent locator to search for the object at so great a distance from the point laid down in the entry; and the entry must, therefore, be pronounced void for uncertainty.

Mr. Chief Justice MARSHALL. In this case I dissent from the opinion which has been delivered on one point; the validity of Austin's entry. I am not satisfied that the call for the buffalo road ought to be discarded as immaterial. It appears to me to bear a

strong analogy to a call for a marked tree.

The

object of notoriety, distinguishable from other objects, peculiar to itself, and which would be looked for by Ann Maria. subsequent locators. Finding a buffalo road in the neighbourhood, the judgment would be divided between the call for that road, and the call for course and distance.

Understanding that this entry has been determined in Kentucky to be sufficiently certain, I would have acquiesced in that decision, had it not also been stated, that the question on its validity, did not come before the court. Under these circumstances, we should, had the court thought the entry invalid, have suspended our opinion until the case could be inspected. This delay is rendered unnecessary by the opinion that the location may be sustained.

Decree affirmed.

(PRIZE.)

The ANNA MARIA.

A suit by the owners of captured property, lost through the fault and negligence of the captors, for compensation in damages.

The right of visitation and search is a belligerant right which cannot be drawn into question; but must be conducted with as much regard to the safety of the vessel detained, as is consistent with a thorough examination of her character and voyage.