Page:United States Reports, Volume 1.djvu/517

xii  FREEHOLDER. See ''Practice. Privilege.''

T is fairly to be inferred from the general tenor of the act for the revival of the laws, that the Legiflature thought the feparation from Great-Britain worked a diffolution of all government.

A formal compact is not a neceffary foundation of government.

A kind of government independent of Great Britain, was adminiftered in Pennʃylvania before the eftablifhment of its prefent conftitution.

The conftitution of Pennʃylvania was a diffolution of the government as far as related to the powers of Great Britain ; but not in relation to the powers which had been before exercifed by councils and committees.

When treafon may be committed againft a government.

Subject means being in fubjection to fome foverign power, and is not barely commenced with the idea of territory: it refers to one who owes obedience to the laws, and is entitled to partake of the elections into public office.

See United States. GRAND INQUEST

It is improper and illegal to examine witneffes on behalf of the defendant while the charge againft him lies before the Grand Jury.

GROUND RENT. See Covenant. GUARDIAN. See Orphan's Court.

HIGH COURT OF ERRORS & APPEALS. See Damages.

INDICTMENT.

N indictment may be maintained upon “ an intent to deceive my ftage fubjects.”

Or it will ly for a cheat of fuch a nature as may prejudice, although it does not charge that any perfon was actually defrauded.

An indictment lies againft a public officer for a cheat in marking barrels of breed as of the weight of 88lb. each, when, in fact, they only weighed 68lb.

An indictment lies for “ malicioufly, willfully, and wickedly killing a horfe,” although “ fecretly,” is not charged.

See ''Treaʃon. Nuiʃance.'' INFANT.

The appearance of an infant to a fuit brought againft him, is not a judicial act, and will be fatal on a writ of error.

A judgment againft an infant may be reverfed after full age, except in cafes of real actions, and fines and recoveries, which are, in their operation, mere modes of affurance ; and the fact muft be tried per pais, and not by infpection.

See Orphan's Court. INFORMER. See Proʃecutor. INHABITANT. See ''Execution. Foreign Attachment. Writ oƒ Enquiry.'' INSOLVENCY. See Bankruptcy. INSURANCE.

The defendant underwrote an open policy on the veffel from Philadelphia to Jamaica; fhe was taken by the enemy, and afterwards retaken and carreid into Jamaica ; where, by agreement between the captors and recaptors, without going into the Court of Admiralty, fhe was fold at public fale for one fourth of the fum infured, and bought by the Captain for the original owners, who afterwards acquiefced in the purchafe, and now fued for the whole fum infured as a total lofs ; But, agreeably to the directions of the Court, the Jury only allowed a compenfation for falvage, charges, and lofs of time.

A warranty that “ orders will be given that the fhip fhall not cruife,” is not complied with unlefs fuch orders are exprefsly given to the Captains ; an implication from the general inftructions will not do.