Page:United States Reports, Volume 2.djvu/138

 rg; Casas ruled and adjudged in the ’ _ 1791. ` l Rictrp vet;/in Brxren, ct al.’ . HE defence fet up in this action was a tender of continen. ` ’ T tal money, in I78]. As the proof rcfpedling the date o the bills was not clear, the defendanfs eounlel contended, that hy the ae} of tid April, 178 1, no more could be recovered than the value of e money tendered, reduced by the fcale at the time of tender; and this, whether the bills were of an ear-·‘ ly, or late, date. I VOL Du/I. Edit. p. 880; S1—111¤1»aN, jrqlice, in his charge to thejury, held, that the aft of 1781 did not apply to this cafe. That it is an ex4>g'I_f}1H0 aft, and Ihould be conllrued llriétly; and though the legilla- ture may have given oertain powers to Auditor: (who feem to be a Court of- Chancery, and can apply themfelves to the confci- ence of the party) yet we are not to extend it further. A jury has not in all refpeéls the powers of thefe Auditors; and in the cafe of reduced payments, though Auditors are rellriéted, yet Courts, and general referrees, have always gone on the general ‘ullice of the cafe. It would be a hard conltruétion to carry it heyond the words- ‘ . Vetdifl for the Plaintii . Foxcaarr and Ga1.1.own veejiu Nacaa. HYS was an aélion of debt, and iil`ue was joined on the P /ol/'·T plea of payment. It appeared that the defendant had /`g’0_ paid the principal and all the interelt, except for feven ears and 2»éb.plaintill`s were Brityla fubjcéts, and not relident within the Ameri- ·" can lines during the war. The defc:1da11t's counfel in lifted, that the . point had been fully fettled in the cafe of (ybgrn ·ver_/iu   jim'; .Exeeuier.··; and alfo,in that of Hoare vedie: Allen.-]- But the p1aintifl’s counfel endeavoured to dillinguilh this cafe, by proving that the parties had an intercourfe : That Galloway was with the enemy while they were in Philadeqobiu, and that M;., _ glee the defendant, then lived within three miles of the city; and · ·· might have come in and gone out at plcafure. They cited the calc of the Exeeuiarr gf Merle verjiu Rbede:. There the mo- ney let out was the property of infants in Irelaml, and the obli· ees yrrrrices, in Oewbcr, I79I• T .41;:. 1:. rea.
 * a half, which he now contended ought to bededuéteh, as the
 * Tried at Bcrls, Msi Prius, Before SHZPTEN and Baaergan,

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