Page:United States Reports, Volume 1.djvu/519

xiv  Where Judgment may, or may not, be entered in the Supreme Court by warrant of attorney.

Judgment was arrefted in an action brought by the purchafor of a Promiffory note in his own name, againft the drawer, on the mere fale and delivery by the Payee, without any indorfement or affignment, or any other confideration for au aʃʃumpʃit being laid in the declaration.

After Judgment be deƒault, the Defendant may give evidence to the Jury on executing a writ of Inquiry ; but not after Judgment in a Foreign Attachment.

A Judgment has relation to the firft day of the Term, fo as to exclude a Domeftic Attachment in favour of the Judgment creditor.

If the verdict is good, a judgment entered upon it, generally, muft be fo, likewifes, for, when it is drawn at large, it may be put into form.

See. ''Bail. Bankruptcy. Error. Inʃant. Supreme Court. Juʃtices. Warrant oƒ Attorney.'' JUDGMENT CREDITOR. See ''Bankruptcy. Judgment.'' JUSTICES.

A Prifoner in execution on a Juftice's Warrant for a fum exceeding 101. was difcharged on Habeas Corpus.

After appeal, and fecurity given, a Juftice cannot iffue an execution againft the Defendant, but muft proceed againft the Bail upon the Recognizance.

The judgment of a Juftice was reverfed, 1ft, Becaufe the ʃummons was returnable on the next day, whereas the act requires that there fhould be allowed a time not lefs than five, nor exceeding eight days : and 2dly, becaufe the fummons was to anfwer a debt under forty fhillings, and the Judgment was for a greater fum.

The Defendant, after Judgment in given againft him by a Juftice, ought to enter into a recognizance inʃtanter, with, at leaft, one good furely : He may afterwards withdraw his fecurity, or appeal within fix days.

JUSTIFICATION. See Nuiʃance.

LAW OF NATIONS.

HE law of nations is a part of the municipal law of Pennʃylvania.

To infult a Secretary to the Legation in the houfe of the Minifter Pienipotentiary, is a violation of the law of nations, punifhable by fue and imprifonment:

But a perfon convicted of that offence, although claimed as a fubject of a foreign power, cannot be given upon fuch claim; but cafes may occur, where, pro bono publics, offenders may be delivered up to the juftice of the country from which they endeavour to efcape.

Nor can the perfons fo convicted, be imprifoned to the fovereign, whofe officer was infulted fhall declare that the reparation is fatisfactory ; for punifhments must be certain and definite in all refpects.

The perfon, houfe, and comites of a Minifter, are all protected by the law of nations.

See ''Alien. United States.'' LEGACY See Adminiʃtrator. LETTER OF ATTORNEY.

Where a fpecial letter of attorney was given to inftitute a fuit, and afterwards a perfon having a general power, executed a releafe to the Defendant in the fuit, the Court held the authority to be fufficient, and difcharged the party.

The Stat. of Limitations, 32 H. 8, c. 2, extends to Pennʃylvania. 15. 67.

So docs the 21 Jus. 1. c. 16.

But the 31 N.S. c. 9. does not extend.

For the Stat. of Limitations to bar in Ejectment, the poffeffion muft be adverfe.

The Court will never open a regular judgment, to let in a plea of the Statute of Limitations.

It is only neceffary to enter the continuances, in order to prevent the bar of the Statute of Limitations,