Page:United States Reports, Volume 1.djvu/471

460 

1789.

of the writ, by ftriking out thofe words, and inferting, “ Richmond, or Peterʃburgh ; ” which the Court allowed, without the confent of the Defendant, and directed the fame Jury to be again immediately fworn for the trial of the caufe. This being done, and the Jury gone from the bar, the attornies of both parties figned an agreement, that, “ as it was then very late, the Prothonotary of the Court might receive the verdict, and that, if neceffary, they would afterwards mould it into form.”

The verdict then finds, “ 17, 853 weight of net crop tobacco, of the infpection of Richmond,  or Peterʃburgh,  in Virginia, to be due to the Plaintiff from the defendant, on the bill aforefaid, and the true value thereof to be Ł446.6.6. Pennʃylvania currency, with fixpence damages, and fixpence cofts:” Whereupon judgment was alfo entered generally.

Upon thefe records the general errors were affigned, and in nullo eʃt erratum pleaded in both caufes. They were argued together, firft at Lancaʃter, and,  afterwards, in two different terms,  at Philadelphia,  by  Bradƒord, Lewis,  and Wilʃon, for the Plaintiff in Error,  and by Chambers, Hartley, Yeates, J.B. M‘Kean, Sergeant, and Ingerʃoll for the defendant.

The fpecific errors alledged againft the firʃt record, were four:

1ft. That the declaration is for the penalty in a penal bill, but it omits to ftate, that John Thompʃon did not pay the fmaller quantity of 100,000 weight of tobacco, or a certain fum of money in lieu thereof, on the day fixed for the payment;  fo that no caufe of action is fhewn to have accrued to the Plaintiff below for the penalty.

2d. That this being an action of debt in the detinet, the verdict is erroneous, becaufe it finds 114,286 weight of tobacco to be due to the plaintiff from the Defendant, and the true value thereof to be Ł,2000, which they find of debt,&c. becaufe the findings being of fo much tobacco due to the plainitff, is not an exprefs determination of the iffue, which is ʃolvit ; and becaufe the finding id not of all that was in iffue, fince the declaration is for 200,000 weight of tobacco, but the verdict is only for 114,286, and nothing is faid of the reft.

3d. That the judgment is erroneous, becaufe, enfuing the nature of the verdict, it is for the value of the tobacco in money, and not for the tobacco itfelf, or, if that cannot be had, for the value thereof in money.

4th. That the Court below were in an error, in over-rulling the evidence of the printed copy of the act of Affembly of Virginia, which purported to have been printed by the law printers of that Commonwealth, refpecting the nature and value of Treafury warrants, or certificates.

The ʃecond and third of thefe errors, were alfo alledged and applied againft the ʃmaller record, with an additional exception, to wit,––That after the Jury had once been fworn,  the Court, without the confent of the Defendant below, difcharged them,  mitted