
    *AT A CIRCUIT COURT, HELD AT WILKESBARRE,
    JUNE 1808.
    CORAM — YEATES, JUSTICE.
    John Coolbaugh and Henry Shoemaker, administrators de bonis non cum testamento annexo of John Van Campen deceased against the Commonwealth.
    A Pennsylvania claimant cannot maintain a suit against the commonwealth for compensation for lands, until the commissioners have signed a certificate to the Connecticut claimant.
    This was an amicable action entered in the Supreme Court September term 1803, to recover compensation for certain lands in Luzerne county, under the 9th section of the act of 6th April 1802. 5 St. Laws 205.
    The plaintiffs shewed in evidence a fair exclusive regular title, vested in their testator, to 591 acres, in Abraham’s Plains, now in Kingston and Exeter townships, founded on two patents issued to colonel Turbutt Francis, dated respectively on the 24th February 1774, and 14th June 1774; that the same lie within the seventeen townships in the county of Luzerne, and are occupied by Connecticut claimants, to whom certificates have been granted by the commissioners, except as to a very small part which remains in dispute between two of the settlers. These certificates were dated on the 16th and 21st January 1804. The estimated value of the different lots or parcels of the land in its natural state, independent of improvements, was also shewn by several witnesses.
    A motion was hereupon made by Mr. J. Ross for the commonwealth, that the plaintiffs should be nonsuit, having no right of action against the state, until the certificates were given by the commissioners.
   Yeates, J.

After argument, declared his opinion, that it -appeared to him the suit had been brought prematurely. The claims of the Connecticut settlers were to be established by the express words of the law, before a right of action vested in a Pennsylvania claimant, neglecting or refusing to release, to institute a suit against the commonwealth, fora just compensation. No claim could be said to be established, until the certificate therefor was signed by the commissioners ; the title of the settler did not attach by any survey made. It was possible, that there might be lands within the seventeen townships, to which no good Connecticut claim could be shewn ; and in such case *the Pennsylvania claimant was not barred from recover- r* Q. ing the land, if he had not released to the state. But let •- the inconveniences be what they would, the court was bound by the plain words of the law, and it was a settled principle, that-no sovereign power was amenable to answer suits either in its own courts, or those of a foreign country, unless by its own consent.

Mr. Sitgreaves, pro quer.

It was hereupon agreed by the counsel, that the jury should be discharged and application made to the attorney general to waive the legal point; and in case of his refusal, the suit to be discontinued.  