Page:United States Reports, Volume 1.djvu/58

 

HIS was an indictment againt the Defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrells of bread, and marking them as weighing 88 lb. each, whereas they only everally weighed 68 lb. The indictment being originally found at the City Court, in October Seions 1779, was removed by  into this Court. And now Lewis, for the defendant, contended, that fale tokens are only indictable by the St. of 33. Hen. 8. c. 1. which has no operation in Pennylvania; and he cited 3 Burr. 1697. 1 Burn. 291. 2 ''Ses. Ca.'' 2.

The Attorney General (Sergeant) inited that the Defendant’s office was a public trut ; and cited 2 Burr. 1125. 1 Hawk. 187.

aid, that this was clearly an injury to the public, and the fraud the more eaily to be perpetrated, ince it was the cutom to take the barrels of bread at the marked weight without weighing them again. The public indeed, could not by common prudence prevent the fraud, as the Defendant was himelf the officer of the public . They were therefore of opinion, that the offence was indictable. 

HE cae was this: John Parrock was attained of High Treaon, and his etate eized and advertied for ale. Abel James filed a claim, according to the act of Aembly, paed the 6th day of March 1778, in order to obtain a decree etablihing his right, to what, he alledged, was a veted remainder in him, after the expiration of an etate for life, which, he contended, was all that John Parrock was poeed of in the premies, and he never had any iue. The