beyond seas

if equity, as applied to the construction of statutes by an eminent writer, means, 'the correction of that wherein the law, by reason of its universality, is deficient;' or, as another defines it, 'interpreting statutes by the reason of them,' may be applied to any case, we think it may to one, which, while it operates in restraint of common right, would, by a literal construction, make no saving in favour of persons residing in the most distant and unfrequented parts of this extensive continent.

Out of the kingdom of England; out of the state; out of the United States. "Beyond seas" means, generally, without the jurisdiction of the state or government in which the question arises; 32 E. L. & Eq. 84; Forbes' Adm'r v. Foot's Adm'r, 2 Mc Cord (S. C.) 331, 13 Am. Dec. 732; Galusha v. Cobleigh, 13 N. H. 79; Hatch v. Spofford, 24 Conn. 432. It means "out of the United States;" Thurston v. Fisher, 9 S. & R. (Pa.) 288; Earle v. Mc Dowell, 12 N. C. 16; Davie v. Briggs, 97 U. S. 638, 24 L. Ed. 10S6; Keeton's Heirs v. Keeton's Adm'r, 20 Mo. 530; Darling v. Meachum, 2 G. Greene (la.) 602. Other cases hold that it means out of the state; Byrne v. Crowninshield, 1 Pick. (Mass.) 263; Pancoast's Lessee v. Addison, 1 Harr. &.7. (Md.) 350, 2 Am. Dec. 520; Forbes' Adm'r v. Foote's Adm'r, 2 Mc Cord (S. C.) 331, 13 Am. Dec. 732; Mansell's Adm'r v. Israel, 3 Bibb (Ky.) 510; Houston v. Moore, 3 Wheat. (U. S.) 433, 4 L. Ed. 428; Galusha v. Cobleigh, 13 N. H. 86; Stephenson v. Doe, 8 Blackf. (Ind.) 515, 46 Am. Dec. 489; Richardson's Adm'rs v. Richardson's Adm'rs, 6 Ohio, 126, 25 Am. Dec. 745; Thomason v. Odum, 23 Ala. 486; Wakefield v. Smart, 8 Ark. 489. See also Sleght v. Kane, 1 Johns. Cas. (N. Y.) 76; and to this effect is the very uniform current of authorities. In the various statutes of limitation the term "out of the state" is now generally used. And the United States courts adopt and follow the decisions of the respective states upon the interpretation of their respective laws; Shelby v. Guy, 11 Wheat. meaning of the statute is wholly undeterminable by any rule to be drawn from the decisions. It seems to be agreed that temporary absence is not enough; but what is a temporary absence is by no means agreed; Ang. Lim. § 200, n. Any place in Ireland was held to be "beyond the sea," under 21 Jac. I. c. 16; Show. 91; but this is changed by stat. 3 & 4 William IV. c. 27. which enacted that no part of the United Kingdom of Great Britain and Ireland, nor of the Channel Islands, should be deemed to be beyond seas within the meaning of the acts of limitation.