Page:United States Reports, Volume 1.djvu/524

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What acts, between the Chapman and a Shopkeeper, do not amount to exchange, or transfer, of the property.

See ''Foreign Attachment. United States.''

PROSECUTOR.

The Act of Affembly does not intend that a Profecutor fhould be indorfed on all Indictments ; but only where a Profecutor really exifts.

The Defendant is not a competent witnefs to prove the perfon profecuting, it muft be proved by indifferent witneffes.

The Judge who tries the caufe, not being authorifed by the Act of Affembly to certify, fo as to exempt the Informer from cofts, he cannot do it.

PROTEST. See Bill oƒ Exchange. PURCHASE,

The word Purchaʃe, implies a Purchafe in Fee.

REAL ESTATE. See Inteʃtate. RECTIAL. See Deed. RECOGNIZANCE. See ''Bail. Orphan's Court.'' RECORDS. See Mortgage. REFERENCE.

OTICE of the time and place of the meeting of Referees, muft be ferved on the Party, not his attorney, unlefs the rule fo expreffes it.

Report of Referees fet afide, for ordering the parties to withdraw, and examining the witneffes in their abfence.

Report that “ Ł. 75 was due the 3d oƒ March laft, &c.” fet afide for incertainty.

Where the exceptions to a Report of Refer as arife from the fact of the report, and depend on a conftruction of law, they need not be filed in writing.

Five feveral action being referred, and only one report, the report was confirmed, contrary to the opinion of SHIPPEN, Prefident.

₢uere, Whether Referees have authority to confolidate actions fubmitted to their decifion?

What kind of evidence may be admitted before Referees.

The admiffion of an interefted witnefs, will notice fuffcient to fet afide the Report of Referees.

An attorney's agreement to refer, binds his client.

The Courts have of late confidered awards with great latitude, according to the intention of the arbitrators, appearing from the words of the whole.

Two of the effentials in awards, are, that they fhould be certain and final.

An award to pay to the Prosecutors of J.G. deceafed, is fufficiently certain ; and it may be averred who they are by name.

Report fet afide for allowing en parte evidence to be given of the current price of coachmakers work, at the time the action were brought.

It is not fufficent to invalidate a report, that the Referees fent for the plaintiff alone, and afked him whether he would agree that a quarter which accrued after the action brought, fhould be credited to the defendant. {{line|188}

It is an invariable rule not to appoint Referees, but in the prefence of both parties.

Report of Referees fet afide for the error of the clerk in making out this rule or agreement to refer.

The different kinds of awards in Pennʃylvania.

If the Court would grant a new trial had the exceptions been made to a verdict, they ought for the reafons to fet afide a report.

Report of Referees fet afide, 1ft, Becaufe the Referees gave intereft upon an unliquidated account: and 2dly, Becaufe they allowed a charge of premium and commiffion for making infurance, without requiring the policy to be produced, or any proof of its being loft.

The Court have always confined themfelves to two points on motions. T t t,