Page:United States Reports, Volume 1.djvu/16

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N a Quetion, whether the original private Book of Memorandums of the Secretary of the Land Office, repecting the Decription of the Land originally applied for, hould be given in Evidence, it was urged that this Book, containing the original Entries from which the Minutes of Property are formed, is the bet Evidence and therefore ought to be admitted. aid it was a Matter of Conequence; and recommended it to the Council of the other Side to conent to the Book’s being given in Evidence; which was accordingly done, and no Determination given by the Court.

HE Court aid, that the Copy of a Warrant of Survey under the Surveyor General’s Hand, and containing his Direction to the Deputy Surveyor to make the Survey, has always been given in Evidence:—And uch a Copy was now ruled to be admitted, and was ready to the Jury. 

NDICTMENT for a Nuiance.—Mr. Dickenon, for the Defendant, moved that a Proecutor hould be indored on the Indictment, agreeably to the Act of Aembly, before the Defendant hould be put to plead.—Mr. Chew, Attorney General, urged that uch a Contruction ought to be put on the Act as that public Jutice may not be eluded; and that there hould be no Neceity to indore a Proecutor, unles it be proved that there is ome peron active in carrying on a Proecution; becaue, if it took its rie from the Grand Jury, or a Jutice of the Peace, no Peron could be indored; and Offenders of the highet Nature would ecape being brought to Jutice.

. It often happens that all the Witnees neceary to upport a public Proecution are brought unwillingly to give Evidence; and the Act could never intend there hould be a Proe- cutor