Page:United States Reports, Volume 1.djvu/523

xviii  It has been the practice for the Sheriff to hold an Inqueft, as well after as before the return of ''Fi. ƒa.''

Rule for a trial, or non pros ; but afterwards a plea added, and particular facts referred : It was ruled, that, by this the rule for trial or non pros was virtually vacated.

On a libel for a divorce, notice ought to be given that between two fpecific dates, acts of cruelty, &c. were intended to be proved.

Rule for trial or non pros in September Term, and notice at bar ; and the caufe continued generally till January Term : It was determined that the rule for trial, or non pros  was continued ; and that no new notice was neceffary.

Upon affirmance of a judgment in a caufe removed by Certiorari from before a Juftice of the Peace, execution may iffued at once out of the Supreme Court.

It is only from the difagreemeent of the writ with the Declaration, that it becomes neceffary to enter the continuances, to fhew it iffued for the fame caufe of action, in order to prevent the bar of the Statute of Limitations.

The writs of Capias and Summons in Pennʃylvania always fpecify the nature of the actions to be declared in, and are, therefore, fimilar, in refpect of entering continuances, to the Originals out of Chancery, and the Attachments oƒ Privilege in the Common Pleas.

What is a reafonable time to renew an action ; or to profecute it upon the foundation of the old writ, where there has been no actual abatement.

Judgment before a Juftice of Peace is fufficient to defeat a Freeholder's privilege of being fued by fummons.

The practice of entering verdicts on the iffue on non ʃolvit.

See ''Action. Aʃʃignment. Cotnempt. Treaʃon. Diʃcontinuance. Error. Privilege. Foreign Attachment. Juʃtices. Judgment. Partition. Lis Pendens. &c.''

PRIORITY.

When the Commonwealth is not entitled to a priority.

See ''Domeʃtic Attachment. Bankruptcy. Judgment.''

PRIVILEGE.

Though the affidavit to ground a capias againft a freeholder contains the words, that “ he has not been reʃident &c.” the Court are not precluded, and will enquire into the circumftances of the cafe, in order to afcertain, whether the non refidence comes within the meaning of the act of Affembly.

A Lieutenant of another county who comes to Philadelphia, to take out the commiffions of fome militia officers, is not privileged from arrefts while here.

A fheriff elect who comes from another county to folicit Council for his appointment, is not privileged from arrefts while here.

A member of Affembly, or of a State Convention, is privileged from being arrefted, or ferved with a fummons, during the fitting of the Affembly or Convention.

A Conful, refiding aborad, and having entered into partnerfhip with another perfon, is not privileged from being fued.

A freeholder who quits the State for a particular purpofe animus revertendi, leaving his faminly behind him, does not lofe his privilege of being fued by fummons.

A perfon attending Court is not privileged from being arrefted upon a Ca. Sa.

Judgment before a Juftice of Peace is fufficient to defeat a freeholder's privilege of being fued by fummons.

See Practice.

PROMISSORY NOTE.

A writing under feal cannot be given in evidence in an action of aʃʃumpʃit on a promiffory note.

Where there are fubfcribing witneffes to a promiffory note, they muft be produced, or fome account given of them at the trial.

Sale and delivery of a promiffory note, by the Payee, without any indorfement or affignment is not, of itfelf, a legal ground of aʃʃumpʃit, to enable the purchafor in his own name, to fue the drawer.

The Indorfee of a Promiffory note, takes it fubject to all equitable confiderations, to which the fame was fubject, in the hands of the Indorfor, the original Payee.