Page:United States Reports, Volume 1.djvu/208

Rh 

1787.

UDGMENT. Fi.Fa. returned, and ''Vend. Exp. to Dec. Term, 1786, returned by the Sheriff, ‘‘Proceedings ftaid by the Plaintiff.’’  The Sheriff afterwards made fale of the premiffes, and the Plaintiff took a precipe  from his Attorney, for an Al. Vend. Exp. returnable to March  Term 1787, but before the return day of the term, the fale had been made, although the precipe  was not delivered, and no writ made out till after the term, when the Prothonotary, on the application of the Sheriff, iffued an alias Vend. Exp. returnable to June''  Term.

It was now moved to alter the Taʃte and return, by the precipe ; that is, to make the writ returnable at March inftead of June Term.

Sergeant, the Defendant's Attorney on record, did not oppofe the motion, but declared, that as his authority was determined by the Judgment, his confent could not be obligatory on his client.

after fome deliberation, granted leave to make the alteration moved for ; refting, it feemed, upon the ground that the precipe furnifhed fomething to amend by.

Rawle for the Plaintiff.–Sergeant  for the Defendant. 

HIS was an information filed by the Naval Officer of the per of Philadelphia againft the fhip Anna, lately arrived from Briʃtol upon the difcovery of Peter Cooper that forty two hampers of porter, part of her cargo, had been landed, without being firft duly entered at the Collector's office, conformably to a law of this Suite, paffed the fifteenth day of March,  one thoufand feven hundred and eighty feven, which enacts, among other things, ‘‘ That every veffel or boat, from which any goods, wares, or merchandize, fhall be unladed before due entry thereof, at the office of the Collector, of the port of Philadelphia, and every carriage into which any fuch goods fhall be firft put or loaded, after removal from fuch veffel or boat, together with the horfe, horfes, or cattle drawing the faid carriage at the time of feizure, fhall be forfeited, and feized by the Collector laft aforefaid, or the Naval Officer, or any of his or their deputies, &c.’’ It appeared in evidence to the Jury, upon the part of the informants, that the Captain of the Anna, had only exhibited twenty hampers of porter in his official manifeft, whereas a much greater quantity was found on board the fhip, befides forty two hampers landed and depofited in the ftore of one Smith,  and twenty four hampers actually delivered on ftore of the claimants. It was proved, likewife, that a confiderable number of hampers of porter, had, during the paffage, been removed from the hold