Page:United States Reports, Volume 2.djvu/64

 58 Cases ruled and adjydged in the rygo. cireumllauces, as, ought to difcharge them from their obliga- Q/vxi tion, the price of the Negro was, in that view of the evidence, the proper mcafure of damages ; which, if accepted by the mal`- ter, will in equity, and perhaps by operation of law toc, eman- cipate the Negro; he having been a party to the Homin: reple- · gi.1pdo,q.nd la full fatisfaflion, equal to his value, made by his 2 t  E Rus., wg/ur Mrrcr-nar.r.. J. HIS was anaélion of {lander ; for pronéuncing the words fB‘ 4**% fet forth by the declaration, in the following form, after E th l'td€t` d t l`£l` thi'-- yi """* .ai’~§§II§.E“tl‘.1.Z..E.»1‘§'l..$`r*§..TYii'—i.`£`.§L.iZ£$.a§2€,.§il’a?23, 2/‘0• then and there, the following falfc, fcandalous, lying, Engli/Ip words of the plaintiff in the hearing 8:e. to wit You  37`ZA (him the faid plaintill, rheaning) have takeir a falfe oath, before W xl- fquire Rrjb, (meaning that the faid plaintiff had committed the .   33L crime of perjury, in a certain oath, bythe faid plaintiff, then lately Q Baé taken, before William Rrjlg, Eli]. one of the jnliices ·of.the • Peace, Ste. in and for the uty and Qounty of Pltzladehmza, mla, 3,0 2,_ §apI`elll>ef>re'the_fa1qiJulhce, depengmg) pad I éhimltielgg the fard e en ant meaning can prove it : yrea on w ereo c.” ’?’05‘ It appeared, onlthe trial of the caufe, that the oatli in que{li· ZOZ on was voluntarily taken by the plafintifh in order to latisfy the defendant upon a controverted act involved in the fuit _ depending before the jullice, and in which the lituation of the prcfent parties was reverfed : Milcbell, being then the plaintiff, and Rue, the defendant. There was a verdiél for the plamtrll, with damages; but the caufe was again brought before the Court, on a motion ix;} ariegt of lyludgment, which was found- ed on two grounds: 1. ' at t c words char cd in the de· elaration, did not import perjury, in a legal aecepfittion of their meaning ; and therefore did not, in themfelves, independent of any injurious confequencc to the plaintiff] render the fpeakcr liable to an aéhon at law. And, 2d. 1hat the oath does not pplpearainhtlie qeclaragon, to basic beenl of a nfature, that by aung rtt epar ycou commi te uga crime 0 per`ur. l. 1lI¢Kmn. B. in fupport of the motion, obferiedl that aflnons of {lander ought not to be encouraged ; and that they . had hitherto been llrié`tly confined to cafes, which endanger a man in law; which exclude him from fociety; which impair the excreife and benefit of his trade or profellion; or, which may afieéls magillrates, or other perfons, employed in public trails. There is no fpecial damage laid in the declaration ; and t•
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