Page:United States Reports, Volume 1.djvu/510

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BOND. See ''Aʃʃignment. Bankruptcy. Payment.'' BRITISH STATUTES.

No act of Parliament made in England previoufly to the fettlement of the Province of Pennʃylvania, was extended here, unlefs by acts of Affembly, adjudications of Courts or eftablifhed ufage.

The Common Law of England has always been in force in Pennʃylvania; but all ftatutes made fince the fettlement of the Province, have no force here, unlefs the Colonies are particularly named.

See ''Frauds and Perjuries. Bail. Limitations. Trial.''

CAPTURE. See Admiralty Inʃurance. CARGO. See Cuʃtoms. CERTIFICATE. See Bankruptcy. CHEAT. See Indictment. COMMISSION. See Coʃts.

COMPTROLLER GENERAL.

HE power of the Comptroller General in the fettlement of accounts againft the Commonwealth, is exprefsly limited by the act of Affembly, to claims for fervices performed, monies advanced, or articles furnifhed, by order of the Legiflature, or the Executive Council.

He has no right to adjudge a compenfation from the State for damages which individuals may have fuffered, in the coufe of military operations for the common fecurity and defence.

Where he has no jurifdiction originally, the Supreme Court, on appeal from his decifion, can have none.

See Supreme Court. CONFISCATION. See ''Cuʃtoms. United States.'' CONSIGNMENT. See Foreign Attachment. CONSOLIDATION. See Reƒerence. CONTEMPT.

It is a contempt of the Court to withhold a Venire.

It is a contempt, for which an attachment lies, to endeavour to prejudice the public mind in writings refpecting a caufe depending in Court.

When the Defendant is prefent, on a rule to fhew caufe why an attachment fhould not iffue againft him for a contempt, the Court will not make the rule abfolute, but proceed to give judgment for the offence.

See Reƒerence. CONTINUANCES. See ''Practice. Limitations.'' CONTRACT.

In what cafe the relation of an inferior and fuperior officer, will bind the latter of difcharge the contracts of the former.

See Covenant. CONTRIBUTION See Inteftate. COVENANT.

A covenant to repair, and deliver up the demifed premifes in good order and repair, rugs with the land, and fhall bind the affignee as much as the leffee, even if the affignee were not named by exprefs words, on account of the privity.

Covenant to deliver up the premifes in good order on the 1ft of March, 1778, but the fame being taken poffeffion of by an alien enemy, and afterwards. In was adjudged, that the affignee of the leafe was execufed from performance of the covenant; 1ft becaufe a covenant to deliver the premifes in good repair, againft an act of God or as enemy, ought to be fpecial and exprefs; 2dly, Becaufe the Defendant had no confideration, no premium, for the rifque; and it was not in the contemplation of either party; and 3dly, Becaufe equally as equity, and the lofs fhould be divided; – he, who had the term, will loofe the