Outlawry does not exist in the United States.
5. Slaves can make no binding contracts with their masters, 11 B. Monr. Ky. 239 ; 9 Gill & J. Md. 19 ; see 3 Bos. & P. 69 ; 8 Mart. La. 161; nor can he appear as a suitor in court of law or equity to enforce any contract against any person ; and the better opinion is that contracts made by a slave with one not his master, and without his master's consent, are void. 2 Const. So. C. 330 ; 9 Gill & J. Md. 27 ; 5 Harr. & J. Md. 190. See 8 Martin, 161; La. Civ. Code, art. 1785. this disability: of the slave seems to extend even to marriage. 2 Kent, Comm. 88 ; 5 Harr. & J. Md. 193 ; 2 Dev. & B. No. C. 177 ; 5 Cow. N. Y. 397 ; 6 Mart. La,. 559.
6. As to the character in which parties con tract. They may act independently or seve rally, jointly, or jointly and severally. The decision of the question of the kind of lin bility incurred depends on the terms of the contract, if they are express, or, if not ex press, upon the intention of the parties as gathered from the circumstances of' the case. Whenever, however, the obligation is under taken by two or more, or a right given to two or more, it is a general presumption of law that it is a joint obligation or right ; words of joinder are not necessary for this purpose; but, on the other hand, there should be words of severance in order to produce a several responsibility or a several right. 1 Taunt. 7 ; 4 Tyrwh. 487 ; 13 Mees. & W. Exch. 499 ; 8 Carr. & P. 332 ; Sheppard, Touchst. 375 ; 6 Wend. N. Y. 629 ; 7 lVfass. 58 ; 10 Barb. 385, 638 ; 14 id. 644 ; 1 Lutw. 695 ; Peak e, Nisi P. 130 ; Holt, Nisi P. 474 ; 1 Barnew. & C. 407 ; 12 Gill & J. Md. 265. It may be doubted, however, whether any thing. less than express words can raise at once a joint and several liability. Parties may act as the representa tives of' others, as agents, factors or brokers, servants, attorneys, executors or administra tors, and guardians. See these titles.
They may act in a collective capacity, as corporations, joint-stock companies, or as partnerships. See these titles.
New parties may be made to contracts already in existence, by novation, assignment, and indorsement, which see.
7. To Suits in Equity. The person who seeks a remedy in chancery by suit, c,om monly called the plaintiff, or complainant, and the person against whom tbe remedy is sought, usually denominated the defendant, are the parties to a suit in equity — Active parties are those who are so involved m the subject-matter in controversy that no decree can be made without their being in court. Passive parties are those whose inte rests are involved in granting complete relief to those who ask it. 1 Wash. C. C. 517. See .? Ala. 361.
S. In general, all persons, whether natural or artificial, may sue in equity; and an equi table title only is sufficient. 10 Ill. 332. Inca pacities which prevent suit are absolute which disable during their continuance, or partial which disable the party to sue alone. Alien enemies are under an absolute incapacity to sue.
Alien friends may sue, Mitford, Eq. P1.129 ; Cooper, Eq. Pl. 27, if the subject-matter be not such as to disable them, Coke, Litt. 129 b, although a sovereign. 2 Bligh, N. s. 1 ; 1 Dowl. x. s. 179 ; 1 Sim. Ch. 94 ; 2 Gall. C. C. 105 ; 8 Wheat. 464 ; 4 Johns. Ch. N. Y. 3705 Adams, Eq. 314. In such case be has been recognized by the executive of the forum. Story, Eq. Pl. 55 ; 3 Wheat. 324.
In such case the sovereign submits to the jurisdiction, as to the subject-matter, and must answer on oath. Mitford, Eq. Pl. 30; Adams, Eq. 313 ; 6 Beav. Rolls, 1.
9. Attorn,ey-general. Government (in Eng land, the crown) may sue both in its own behalf, for its own political rights and inte rests, and in behalf of the rights and inte rests of those partaking of its prerogatives or claiming its peculiar protection, Mitford, Eq. Pl. 421-424 ; Cooper, Eq. PI. 21, 101 ; usually by the agency of the attorney-gene ral or solicitor-general. Mitford, Eq. Pl. 7 ; Adams, Eq. 312. See INJuNcTiox ; Quo WAR RANT° ; TRUSTS.