Page:United States Reports, Volume 2.djvu/107

 Separate Coonr or Pmrglvuniu. rb: For feveral years no fuit was inllituted on the bond, and the cir- ;733_ cumllances of Bird became greatly embarraffed. The bills had ;,,,`, been duly protelled for non·payment; and the plaintiff (who had never returned them, nor even, at the trial, did he oll·`er to re- tum them) furnilhed accounts in which he charged ao per cent damages. The queliion, therefore, was whether the bills, were, under thefe circumltances, to be conlidered as a payment of fo much of the bond? And in the chargeto the jury, it was ruled, Br 1-1-na Coonr :—That originally the plaintiff had his elec- tion to conlider himfelf either as an agent, or as a purchafer, with refpeél: to the bills of exchange ; but that the two circum- llances, of retaining them in his own hands, and of charging zo per cent damages, were fullicient evidence to lhew, an eleétion to receive them in payment; and that, therefore, for the amount of thc bills the defendant was entitled to be credited in an ac- tion on the bond. Verdict accordingly. RESPUBLICA veryiu S1. Cum. HE defendant had been outlawed, for robbery; and, being T afterwards apprehended, the picfent ilfue was joined ou the identity of the perfon. Bmdjbrd, Attorney General, pray- ed the aflillance of the Court in {ending a jirbpama for witnelles into Burk: County, as he could not employ the lherilf on a fer- vice out of his jurifdiélion. The application was for a fpecial nnelfenger; the Attorney General obferving, that if, as in En- gland, the judges were attended by Yiyllaver, thofe would be the proper officers to employ on the occalion. But rm; Cotmr recommended, that he lhould confult with the lheriil, on a proper perfon to be hired for the fpecial fervice. Rasrustica wp: Mircmsu. _ HIS was an appeal from the fettlement of Milcbelfr ac- T count by the Comptroller General ; and the caufe had been referred, by confcnt. The referrees reported a fum due to .lJi:..·Lt·l/ ; but had omitted to allow him intcrelt; which, being ituted to the Court, Ir was nrsotvao, That the State was liable to pay interelt, as well as individuals ; and that the Court would add it, under the eircumltances of the cafe, although the refcrrees had not exprefs- il; given it in their report. _ Ltfpril

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