authorities cited, that there is a solid distinction between such a case and another where the wages were contingent, and depended on the full completion of the voyage. Though he might also have insured the reasonable profits on such goods, yet the measure not being very common, it is not probable it would have been pursued by a sea faring man; and it does not seem reasonable that the plaintiff should, as matders have turned out, he place in so much better situation than all the other officers and mariners on board, against whom there has been no charge or insinuation of misconduct.

The plaintiff is not entitled to wages on the return voyage fron China to Philadelphia. Where a vessel has been captured, the wages of the seamen are lost from the last port of delivery, and so has the law been held ever since the case in 1 Ld. Raym. 739.

So that upon the whole, if the Captain unduly dismissed his chief mate, the wages in the voyage to Canton and for half the time of the Ariel's continuance there, together with the 500 dollars, seem justly due to the plaintiff, after deducting the moneys he has received. Interest is generally allowed on contracts at least from the commencement of the suit, but circumstances may alter the rule, of which the jury are the proper judges.

Verdict, pro quer. for 399,70 dollars.

Messrs. Ingersoll and Porter, pro quer.

Messrs. Rawle and Franklin, pro def.

RESPUBLICA against ADAM TRYER.

An indictment grounded on a statute, must pursue the description of the offence con tained therein.

Therefore an indictment against an insolvent debtor, under the act of 4th April 1798, for fraudulently concealing his estate, with intent to defraud his creditors, buto nitting to lay it, "thereby to secure the same, or "to retrieve or expect any profit, benefit or advantage thereby, was held ill.

The time and place of such fraudulent concealment must be alleged.

AN indictment was found against the defendant in the county of Berks, containing two counts; the one for a perjury, (which was substantially formal,) the other for a misdemeanor, as follows:

Berks county, ss. The grand inquest for the county of Berks, on their oaths and affirmations, do present, that, &c. [and charges a perjury.]

And that on the same Monday, the same fifth day of January, in the year of our Lord 1801, at the court house in Reading in the county aforesaid, in the said Court of Common Pleas, so holden as aforesaid,

before the judges aforesaid, came in his proper person, as an insolvent debtor, praying the said court to grant him the benefit of the act of general assembly of this commonwealth, made for the relief of insolvent debtors, passed on the fourth day of April 1798, Adam Tryer, of, &c. and thereupon he did exhibit to the said court a writing, purporting to be a true schedule or inventory of his debts, credits and estate, and then and there in open court did take his corporal oath on the holy gospel of God, (the said judges and court having a competent authority to administer an oath to the said Adam Tryer in that behalf,) and the said Adam Tryer in no wise regarding the good and wholesome laws of this commonwealth, nor fearing the pains and penalties therein contained, but wickedly intending by color and pretext of the said act of assembly to deceive and defraud one Christian Domacher, (then and long before and still being a creditor of the said Adam Tryer,) and divers others the creditors of the said Adam Tryer to the jurors aforesaid unknown, of their just debts, then and there, to wit, on the said fifth day of January, in the year aforesaid, with force and arms at the aforesaid county Court of Common Pleas, there holden as aforesaid, before the judges aforesaid, having authority as aforesaid, maliciously, willfully and corruptly did swear, protest and declare, among other things, that he had not any estate, effects or property whatsoever, either in possession, reversion or remainder or expectancy, other than what was mentioned and contained in the said schedule or inventory, except the necessary wearing apparel and bedding for himself and family, not exceeding in value the sum of fifty dollars in the whole whereas in truth and in fact, he the said Adam Tryer, on the said fifth day of January, in the year aforesaid, at the county aforesaid, had other estate and effects in possession, remainder, reversion or expectancy than what was mentioned and contained in the schedule or inventory, besides the necessary wearing apparel and bedding for himself and family aforesaid, to wit, one stone messuage and thirty-one acres of land, with the appurtenances, situate, lying and being in the township of Exeter, in the said county, and also was then and there entitled to the sum of 3507. lawfull money of Pennsylvania, owing to him by his father Jacob Tryer, and also the sum of 117. due to the said Adam Tryer, upon a bill from a certain William Bland to him the said Adam Tryer, which estate and property aforesaid, he the said Adam Tryer did not disclose, but the same fraudulently and wickedly did conceal with intent to defraud the said Christian Domacher and others, his just creditors, of the same, to the evil example of all others in like case offending, contrary to the act of assembly in such case lately

made and provided, and against the peace and dignity of the commonwealth of Pennsylvania, &c.

A noli prosequi was entered on the first count for perjury, by the attorney general, and the defendant was convicted of the misdemeanor and deceit on the second count, upon the 3d August 1802, in the Court of Quarter Sessions of Berks county.

The following reasons were then filed in arrest of judgment, and argued in the sessions.

1. The title of the act, on which it was meant to ground this prosecution, is mistaken. It is stated to be "an act of assembly made for the relief of insolvent debtors, and passed on the fourth day of April 1798," whereas there is no such act.

2. It is stated in both counts that the defendant had other estate and effects in possession, reversion, remainder or expectancy than were mentioned or contained in such schedule or inventory, which is uncertain as to the nature of the estate omitted, the one being in the disjunctive "possession or expectancy," the other in the past time indefinitively.

3. In order to bring the defendant within the penalty, it should appear that he is within the benefit of the act. But the indictment contains no averment that the defendant is of that description of persons to whom the act extends.

4. The property charged to be concealed is altogether unspecified and uncertain; the words "which estate and property aforesaid," relating to and comprehending as well the property specified in the schedule as that which is said not to be included in the schedule.

5. The material facts charged in the second count are, that the defendant concealed with intent to defraud; neither the time when, nor the place where the fraud was committed, is alleged.

6. The defendant is charged with concealing property, with intent to defraud Christain Domacher and other creditors; without alleging in the words of the act that he did this, thereby to secure the same, or to receive or expect any profit, benefit or advantage thereby.

7. That the words, "The Grand Inquest for the county of Berks on their oaths and affirmations do present," are omitted in the second count, so that it does not appear that the bill was found or presented by the Grand Inquest of the county aforesaid.

8. No proceedings can be sustained in this court on the act of assembly on which the prosecution is grounded, because the act expired before the jurisdiction attached.

9. The act, as it respects the defendant, was repealed and annulled to all intents and purposes, by the act of congress, entitled "an act

before the judges aforesaid, came in his proper person, as an insolvent debtor, praying the said court to grant him the benefit of the act of general assembly of this commonwealth, made for the relief of insolvent debtors, passed on the fourth day of April 1798, Adam Tryer, of, &c. and thereupon he did exhibit to the said court a writing, purporting to be a true schedule or inventory of his debts, credits and estate, and then and there in open court did take his corporal oath on the holy gospel of God, (the said judges and court having a competent authority to administer an oath to the said Adam Tryer in that behalf,) and the said Adam Tryer in no wise regarding the good and wholesome laws of this commonwealth, nor fearing the pains and penalties therein contained, but wickedly intending by color and pretext of the said act of assembly to deceive and defraud one Christian Domacher, (then and long before and still being a creditor of the said Adam Tryer,) and divers others the creditors of the said Adam Tryer to the jurors aforesaid unknown, of their just debts, then and there, to wit, on the said fifth day of January, in the year aforesaid, with force and arms at the aforesaid county Court of Common Pleas, there holden as aforesaid, before the judges aforesaid, having authority as aforesaid, maliciously, willfully and corruptly did swear, protest and declare, among other things, that he had not any estate, effects or property whatsoever, either in possession, reversion or remainder or expectancy, other than what was mentioned and contained in the said schedule or inventory, except the necessary wearing apparel and bedding for himself and family, not exceeding in value the sum of fifty dollars in the whole whereas in truth and in fact, he the said Adam Tryer, on the said fifth day of January, in the year aforesaid, at the county aforesaid, had other estate and effects in possession, remainder, reversion or expectancy than what was mentioned and contained in the schedule or inventory, besides the necessary wearing apparel and bedding for himself and family aforesaid, to wit, one stone messuage and thirty-one acres of land, with the appurtenances, situate, lying and being in the township of Exeter, in the said county, and also was then and there entitled to the sum of 3507. lawfull money of Pennsylvania, owing to him by his father Jacob Tryer, and also the sum of 117. due to the said Adam Tryer, upon a bill from a certain William Bland to him the said Adam Tryer, which estate and property aforesaid, he the said Adam Tryer did not disclose, but the same fraudulently and wickedly did conceal with intent to defraud the said Christian Domacher and others, his just creditors, of the same, to the evil example of all others in like case offending, contrary to the act of assembly in such case lately

Upon the court's remarking, that in addition thereto, it appeared to be laid with sufficent precision, that the defendant was entitled to 3501. under his father, and 111. due by Bland, neither of which sums were inserted in his inventory, this exception was also dropped.

3 Two descriptions of persons are comprehended by the law in question. The 1st section includes inhabitants within the state two years, previous to their application for the act, though not in execution; the 14th section, persons under execution. But it is not alleged here, that the defendant was, in either character, entitled to the benefit of the law. The Court of Common Pleas had in this particular, a limited jurisdiction, and special powers were vested in them by the leislature. In an indictment against a bankrupt for concealing his effects, it is always stated, that the party used the trade of merchandize, and got his living by buying and selling, that a commission issued against him, &c. Cro. Circ. Comp. 160, (105.) And in a case of considerable hardship, where an insolvent debtor was discharged at an adjourned session, under the stat. of 37 Geo. 3. c. 112, which gave the justices of the peace authority to discharge under certain circumstances, the sheriff was held chargeable for the escape. 8 Term Rep. 424.

Answer. It is not competent to the defendant on the present prosecution, to say, that it does not appear he was entitled to the benefit of the act. He came as an insolvent debtor, claiming relief under it and complied with its injunctions, by filing his petition and schedule under it. Indictments against bankrupts are very minute and particular, because the commissioners possess an inferior and limited jurisdiction; but the Common Pleas, under the act, are considered in a very different light. In inferior courts, every thing that makes the gist of the action, must be laid, so as to appear to be within their jurisdiction. 1 Salk. 404.

The court seemed to be of opinion, that the omission alleged, was not a material defect.

5. The essence of the second count is a fraudulent concealment by the defendant of his property, and not perjury. For the latter offence there was a particular count on which a noli prosequi has been entered. Here it is alleged, that the defendant wickedly intending to defraud his creditors, swore, &c. Whereas in fact he had other estate and effects, than those specified in his schedule, and it goes on to enumer