Page:United States Reports, Volume 1.djvu/529

xxiv  to his competency at the trial.

Under what circumftances a witnefs once interefted, may ceafe to be fo.

In what cafes it is, or is not, neceffary to take out a Subpœna for a witnefs.

See ''Agent. Will. Evidence.''

WORDS.

The word purchaʃe, implies a purchafe in fee.

The word perʃuading in the act with refpect to treafon, means to ʃuceed.

Though in actions of flander words were formerly conftrued in the mildeft fenfe that they would admit, they are now to be taken according to their ordinary import and meaning.

See Aʃʃignment

WRIT OF ENQUIRY.

The court will not fet afide the verdicts of juries of inquiry upon leivolus grounds, nor examine the effect of any particular piece of evidence on the mind of the jury ; for unlefs it appears, that there was no proper evidence, the court will prefume that they had fufficient grounds for their inqueft.

After judgment by deƒaults the defendant has a right to offer his evidence to the jury of inquiry to combat the plaintiff's proofs ; and if the fheriff refufes to here the evidence on both fides, the court will direct a new writ of enquiry.

But after judgment in a ƒoreign attachment, the defendant in the attachment is not entitled to produce evidence before the jury of enquiry.

There is nothing in the act of affembly which precludes the fheriff from holding an inqueft after the return of the Fi.ƒa.

An inquifiton quafhed for irregularity becomes a nullity, and leaves the cafe juft as if none had been taken.