Page:United States Reports, Volume 1.djvu/526

Rh  Elengatur, after judgment de retorno babanda in replevin.

The goods of a ftarnger, being removed before the diftrefs cannot be purfued within the thirty days.

N an action of trefpafs brought againft a Sheriff, he cannot juftify under a Writ of Replevin, if he has refufed the defendant in repleving a reafonable time to find fecurity on a claim of property, before he removed the goods in queftion.

A Diʃting will lie againft a Sheriff while in office, upon a return of levied to the value &c.

The Sheriff, under a ''Vend. Exp. muft fell not merely to the higheʃt, but to the beʃt'' bidder.

A Foreigner is not entitled to a fpecial Court, upon a debt affigned to him be a citizen.

The act for allowing fpecial Courts to plaintiffs, feems intended for the benefit of every man, who is about to leave the State.

A judgment cannot be entered in the Supreme Court, even in the county of Philadelphia, by warrant of Attorney, upon a bond oƒ a date prior to the act of Affembly.

As by that act, the original jurifdiction of the Court is reftricted to the county of Philadelphia, a judgment cannot, at any fubfequent period, be entered as of Bucks county.

This Court has authority upon appeal, to alter and confirm any proceedings that come properly before the Comptroller General, but if he had no jurifdiction, the Court can have none:

As the Comptroller General, therefore, has no right to adjudge a compenfation from the ftate ƒor damages, which individuals have fuffered in the courfe of our military operations, the Court can grant no relief upon appeal, although the applicant might be entitled to it in equity.

HE act of Affembly of the 29th of January 1777 declares, that a tender fhall amount to an actual payment and difcharge; whereas a tender at common law, only fufpends the intereft till a fubfequent demand and refufal.

Therefore, a tender in Continental money, emitted by Congrefs beƒore the 29th oƒ January, 1777, is tantamount to payment.

But a tender in Bills of Credit emitted ʃubʃequent to the 29th oƒ January, 1777, has only the effect of a tender at common law.

A perfon accufed of high treafon, fhall have a copy of the indictment, a reafonable time, not lefs than one day, before the trial : and alfo, within the fame time, a cafe of the pannel of the jurors.

Adherence to American troops, though in confequence of miftaking them for the enemy, cannot be treafon.

Words indicating the defendant's intention to join the enemy, are proper teftimony, to explain the motives upon which that intent was