Page:United States Reports, Volume 1.djvu/511

vi  temporary profits of the premifes ; and he, who has the reverfion, will bent the lofs done to the parmanent buildings.

Where there is a ground rent deed, containing an exprefs covenant on the part of the leffee, for the payment of rent, and he affigns over the premifes, although the leffor accept rent from the affignee, Covenant will lie for him againft the leffee to recover fubfequent rent.

The act of Affembly is pofitive, that, upon the reverfal of a judgment in the High Court of Errors and Appeals, each party fhall pay his own cofts.

Cofts not allowed where the debt is reduced under Ł 0 by a direct payment, and not by fet-off on the trial.

What cofts will be allowed on executing a commiffion.

Where witneffes, upon an attachment for not obeying a ʃubpœna, proved their abfolute incapacity to attend, the Court directed the cofts of the attachment to abide the event of the fuit.

The Jury ought to include the cofts of the Replevin their verdict in an action brought upon the replevin bond.

Current and Lawƒul  Money are fynonimous.

The legal currency of Pennʃylvania was continental money.

A bond payable in “ lawful current money of Pennʃylvania” muft be taken to relate to the money iffued by Congrefs.

Current lawƒul money, by the pofitive words of the Act of Affembly, means fuch money as is current at the time of entering into the contract.

Where the captain of a veffel is obliged by law to deliver a manifeft of his cargo, he does not comply, unlefs he exhibits a true and accurate one.

Every thing put on board of a veffel, is, generally fpeaking, comprehended in the defcription of her cargo.

What unlading of goods will becaufe of confifcation.

The want of knowledge, or of participation of the owners, will not prevent the conftication of a veffel, from which goods have been unladed before a due entry at the cuftom houfe.

N an appeal from the Admiralty, the High Court of Errors and Appeals, having reverfed the decree of the Court below, granted a rehearing upon this point, whether the High Court of Errors and Appeals had a difcretionary power with refpect to damages? which was determined in the affirmative.

In a fuit againft the captain of a privateer, brought by the owners of the veffel, after a recovery againft them for his mifconduct, in feizing a fhip and cargo as prize, which were not fo, the High Court of Errors and Appeals did not make the amount paid by the owners, the meafure of damages againft the Captain ; but, upon fome favorable circumftances appearing for him, they decried confiderably

See Comptroller General. Bill oƒ Exchange.

DEED.

Baron and Feme joined in a conveyance of the Feme's  lands to truftees for certain ufes ; they afterwards acknowledged the deed before a Juftice of the Common Pleas, who indorfed upon the deed, that the Feme was examined apart from her hufband, and declared that fhe had voluntarily executed it, &c. Adjudged to be a good conveyance, upon account of the ufage.

An ancient deed, of fixty years date, allowedto be read in evidence, although poffeffion had not gone along with it, on proof of the hand writing of one witnefs who was deed, and the other not known.

The recital of one deed in another in only evidence againft him who claims under it.

Interlineation, if made after execution of a deed, will void it, though