Page:United States Reports, Volume 1.djvu/520

Rh  where the Writ and Declaration difagree to the nature of the action.

Before the return of the writ, the Plaintiff moved for a Special Court; but it was held, that the action was not depending for that purpofe till the writ was returned.

Practice.

MARINERS. See Maʃter and Servant. MASTER & SERVANT

PON a general retainer, for no particular voyage, the Owners of a veffel may difmifs the Captain at any time, without caufe affigned: but where there is a Charter Party, Bills of Lading, and a particular voyage agreed upon, tho’ the owners may difmifs the Captain, yet they would be liable in a Court of Common Law.

As villeinage never exifted in America, no part of the doctrine founded upon that condition, is applicable here.

Property in a negro may be obtained by a bona ƒide purchafe without deed.

The Captain is liable fore the wages of mariners, if he admit them to ferve on board the veffel, altho’ they were originally fhipped by the owner.

A negro born before the 1ft of March 1780 to wifh in 1779, and not recorded agreeably to the act for the gradual abolition of flavery, cannot under that act, be held as a fervant ’till fhe is 28 years of age, but is abfolutely free.

See ''Admiralty. Cuʃtoms.'' MEDIETAS LINGUÆ. See Trial. MESNE PROFITS. See Ejectment. MORTGAGE.

A fubfequent fimple contract debt cannot be recovered on a Scire Facias upon a prior mortgage ; but only the principal, interefts and cofts, on payment of which the Court will ftay the proceedings on the ''Sci. Fa.''

A mortgage, though not recorded within fix months, is good againft the mortgagor ; the Deed, fo far, fufficient to pafs the lands, and, under it, the poffeffion of the Premifes might have been recovered in Ejectment.

A mortgage, acknowledged and recorded the day after the Declaration of Independence, by officers appointed under the Proprietary government, was, neverthlefs, held to be valid againft a fubfequent judgment creditor, and bona ƒide purchafor, for a  valuable  confideration.

See ''Evidence. Deed. Payment.''

NEGROES. See Maʃter and Servant. NEW TRIAL. See Trial. NONJUROR. See Deviʃe. NOTICE. See Bills oƒ Exchange. NUISANCE.

T is no juftification on an Indictment for a Nuifance by intruding on the public Property, that is it beneficial to the public.

HE Orphan's Court have a power to affign the guardianfhip of Minors, under 14 years of age, to whom they pleafe, and are not confined to the guardian in fuccage, or by nurture.

Where an heir at law takes an Inteftate's lands at a valuation, the Orphan's Court ought, inftead of Bonds, which are a mere perfonal fecurity, to take recognizances, by which the land themfelves would be bound for payment of the diftributive fhares.

PAROL TESTIMONY. See Evidence.

PARTITION.

T would be well for the party praying for a partition of an inteftate's real eftate, to be particular in the names of the perfons entitled to fhares,