Page:United States Reports, Volume 2.djvu/98

 I ga Cues ruled andadjudged in the . ¤7¤s- Wrcorr txrjiu Louc1·1£An.‘ .3. /·/Z HIS was an aélion on a promillbry note ; to which the Rh bay I defendant pleaded the acl of Alfembly againll ufury 5 g 216 /. their charge to the jury. ` i 3 R Ill- Thi! where more than legal interefl was included in any g note, bond, or fpecialty, thewhole amount could not be fued Q 2//  for and recovered : But the piaintitT was entitled, in fuch cafe, · . to a verdi& for the juli principal and lawful intercll. 2d. That if a man, dire&ly,or indireftly, aélually receives more than {ix per cent, he incurs a forfeiture equal to the mo- ney 8tc. lent ; but if an atlion is brought to recover-the amount of the loan, a verdié]: ought not to be given for the defendant, as that would, in effec}, be putting the money into his pocket, inllead .of working a forfeiture to the Commonwealth. gd. That a man may, bona fide, purchafe any fecurity for the payment of money, at the lowelt rate he can, without mour- ring the penalties of ufury. Resrunttca wrfu: Sn1ar.t.* THE: defendant being out-lawed forrobbery; and afterward apprehended, was brought up for judgment ; but, denying that he was tl1e fame Rohr! Stnlqwhowas mentioned in the outlaw- _  ry, an ilfue was joined by the Attorney General to try thc identity. .Lewi.r, as coun fel for the prifoner, took two exceptions on the trial : Ill. That it was not proved, that the defendant was an inhabitantof W rigbf: Town, as {lated in the proccfs of out- lawry ; for though it appeared that he worked there, he contended that circumllance alone did not cltablilh a refidence. ad. That the addition is falfe and defective; for, he is called •* Taomau," which means (contrary to the faét) that he is a free·holder of the value of 40 ihillings per annum ; and the addition does not extend to the town or hamlet, the name, degree, or millery, without which the cutlawry is void. r BI. Cam. 406. 2 Joy?. 668. _7a£•r$n’.r .Di¢‘?i0nmj-, word “ Y ro1mm.” 2 Hawk. 18 5. (Z 102. ib. 186. [ 106. il. 187. 8. Bmzyord, Attorney General, inlilled, that the proof of reli- xlencc was fulliciently made; and that, by the flatute, the def- _ fcription " This caufe was tried on the 26:5 Scptmnivrr, 1785a
 * °thereupon the following points were ruled by the Court, ut
 * Argued and decided the 1421: Ocrulvr, l;785•

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