Page:United States Reports, Volume 2.djvu/119

 Sui-neun -Qom§·r or PmwIvania."· rrgv Bw ran Constr- :-='1`?he·obje&ion is reafonable and init. Bm, rygo. j~»·¤jZnnn,_the Attorney General inulb allow his name to be uied ~·’VJ by the profecutor. .; S€pf67}¢6€?‘ T€fm, I 7QO•  i W`ar.xna, el al. vegan- Wstracs, et al. ‘ if _ HIS wasa Scire Facia: againfl; the defendants as garnifhees 55:.R T of W ulda, againfl whom a Foreign Attachment had  E been iifued. On the trial it was ruled ' I ' _ Br rm; Couar :-'1`hat if a plaintiff does not prove more in [ the hands of the gamiihee, than he admits by his plea tothe Stir: Fu:ia:,‘ or his anfwer upon interrogatories, the plaintiff zé muil: pay the coils. But if more is proved, then the cofts ihall be paid by the garnifhee. The verdict being for no more than the fum admitted in the anfwers of the defendants, judgment was, accordingly, entered for the plaintiffs, but without coils. Fnzncuson, Captain of Militia, vnfw Barton, a Private. I ` N the retum to a Cer1ia»·m·i, i{l`ued to remove the record of O the proceedings that were had in this cafe, before juilices III: Knight and Todd, it appeared that the defendant, having been tried by a Regimental Court Martial, for a breach of the rnlcs of difcipline, was fined to the value of ten days labour, ({.1 rg.) that on an application made by the pliintiff`. who _ acted as clerk of the company, to the jultices, they ifliaed .~ lum- mons to the defendant; and that, on the return of the prnceis, they gave judgment conformably to the fcntence of the Court Martial. .B»·mg?;rzL in fupport of the judgment, read the proceedings of the ourt Martial ; and the fcélion of the Militia ac}, relative to the recovery of fines. _'_I.:·uy contended, that the jullices had proceeded without ju- riidiftion ; for, their authority under the aél: was merely minif· rerial, to illbe an execution; whereas they had undertaken to hold plea on the fubjcét matter. P Br

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