Lessee of GOTLIEP REIGART against CONRAD HAVERSTOCK and CHRISTIANA SAMEL.

An improver of land, whether plaintiff or defendant, who takes out an office-right, and does not insert therein the true date of his improvement, shall not be allowed to give evidence of improvements prior to the time expressed in the office-right.

EJECTMENT for 250 acres of land in Bedford township.

The plaintiff claimed under an application entered 17th November 1766, and a survey thereon made 10th April 1790. The defendants claimed under a warrant dated 2d November 1774, whereon interest was to commence from 1st March 1767, a survey made thereon on the 27th December 1785, and a patent dated 13th April 1786.

The defendant's counsel offered to show a settlement made on the lands in question in 1761, and continued since that time.

It was objected, that he could go on further back than 1767, when the interest on his warrant commences.

The defendants replied, that they might shelter themselves under a settlement, prior to the period of interest commencing, as expressed in their warrant, although a plaintiff out of possession was bound thereby and could not do so.

By the court. There can be no just ground of distinction between the two cases. When either the plaintiff or defendant attempts to defraud the commonwealth, by not charging themselves with the full ininterest from their respective periods of improvement, it must at least operate as an abandonment of their claim for such intermediate time. as they have dropped, and we shall hold them bound thereby. Both instances must rest on the same uniform principle. If indeed the defendant does not show his warrant or application in evidence, and it is not produced by the adverse party, the defendant may rest on his possession, and prove his settlement from its commencement. Circumstanced at this case is, the objection must be sustained, and so have been our decisions.

The evidence having been gone though, it appeared that the lessor of the plaintiff had been guilty of gross laches, and the court gave a decided charge in favor of the defendants.

The plaintiff suffered a nonsuit.

Messrs. Duncan and Riddle, pro quer.
Messrs. Watts and Brown, pro def.

1. IN account render, a general reference may be entered by consent. Barde's administrators v. Wilson.

ACTION IN GENERAL.]

1. Where French property has been covered in an American bottom, without the knowledge of the captain or his owner, but with the assent of the ship agent, the party is entitled to the net proceeds of the sales of the property. Andre et al. v. Care.

2. Where one interested in a promissory note drawn by A, payable to the order of B, and purporting to be indorsed by B, sells it bona fide, and without any improper conduct, by delivery, and without indorsement, to C, and receives the money, C, may recover back the money so paid, if it turns out that the indorsement of B is forged, without tendering the note to the seller, previous to bringing the suit. Ritchie v. Summers et al.

3. Ejectment may be maintained by the surviving trustee, not adverse to the interest of the cestui que trust. Crunkleton's lessee v. Evert et al.

ACTS OF ASSEMBLY.

1. Indictment will not lie against county commissioners for refusing to pay money allowed for a bridge by the sessions and grand jury, under the act of assembly of 15th August 1732; nor under the act of 11th April 1799, for a bridge erected before the passing of that law. Respublica v. Meylin et al.

2. On a will dated in June 1778, devising a legacy of 500l., it is the province of auditors, and not a jury, to determine whether the depreciation act applies thereto. Kennedy v. Kennedy.

3. The word influence, in the election law of 15th February 1799, means using the party's endeavors, and does not imply that he must succeed. Respublica v. Ray.

149

101

531

570

1

15

65

4. David Meade and others, under the law of 9th March 1796, are entitled to take out warrants for vacant lands, notwithstanding the acts of 22d April and 22d September 1794. Meade's lessee v. Haymaker et al.

67

5. The law of 30th December 1786, is declaratory of the ancient doctrine of improvement rights. Stephens's lessee v. Tracey.

77

6. Different constructions of the actof 8th April 1785. Willinck's lessee v. Morris and Nicholson.

104

7. The soil of improved lands, converted into a public road, is
ued and paid out of the county stock, under the road acts.
lin et al.

not to be valFereo v. Mey

153

8. Quaere, when a survey shall be said to be made, on a warrant or application, under the 5th section of the limitation act of 26th March 1785. Caruthers's lessee v. Caruthers.

ACTS OF ASSEMBLY.]

(594) [ADMINISTRATORS &c.

Page 9. Sheriff not liable for an escape, where an insolvent debtor, taken under a ca. sa. out of the Supreme Court, has been discharged by two justices of the Common Pleas of the county where he lives, on giving bond, pursuant to the 14th section of the act of 4th April 1798. Stephenson et al. v. Caruthers.

10. Nor, if he has given bond, under the said act, in an action on mesne process, can be taken in execution in the same cause, and if so taken, he may be discharged in vacation under a habeas corpus. Shorthouse et al. v. Caruthers.

180

182 And what shall be a forfeiture of such bond? See Potter et al. v. Norman. 395 11. If persons indicted keep the state witnesses out of the way, they are not entitled to be discharged, though two sessions have intervened, under the habeas corpus act of 1785. Respublica v. Arnold.

263

12. The state only can take advantage of defaults of actual settlement, under the law of 3d April 1792. Wilkins's lessee v. Allantor. - 273 13. The condition of an auctioneer's bond, under the act of 27th March 1790, is a security to the employers whose property is sold at vendue. Yard v. Lea's executors.

14. The turnpike company, under the act of 9th April 1792, are not bound to make compensation for the soil, gravel or stone, in the track of the road, nor to put up new fences, where the road runs across the field, and the fence is thrown down; aliter, where it goes lengthwise along the road, or for damages done to real improvements on the track. M'Clenachan v. Curwin.

15. The liens of tradesmen, who have built, repaired, or fitted vessels, continue, under the act of 27th March 1784, until such vessels proceed to sea, though the owner thereof becomes a bankrupt. Shoemaker v. Norris. 16. the 5th section of the limitation act of March 26th 1785, only refers to warrants issued before the law was enacted. Brice's lessee v. Curran. 17. Under the election law of 15th February 1799, the inspector has no right to exact an oath of a citizen, claiming to vote, that he did not join the British forces during the late war, or was not attainted of high treason. And, to constitute the offence of intimidation, threats, violence, or interruption under the 17th section of this act, there must be a preconceived intention for the purpose of intimidating the officers, or interrupting the election. Respublica v. Gibbs.

18. The inspectors of the gaol of Philadelphia county, are bound by the law of 4th April 1792, to furnish German passengers arrested, and in the debtors apartment, with blankets and fuel. Moore v. Servening.

19. How an indictment must be framed under the insolvent act of 4th April. 1798. Respublica v. Tryer. 20. The valuation by the assessors, under the law of 11th April 1799, is binding on the county commissioners, and they cannot revise or alter it Respublica v. Deaves.

21. Inquisition on a claim against the state, upon an eviction of lands sold by the agent of forfeited estates, under the act of 6th March 1778, confirmed, though no possession had been delivered by the council, and the purchaser had failed in an ejectment commenced against an adverse claimant, by title paramount. Conyngham v. Rempublicam.

335

392

392

403

429

443

451

465

- 471

22. One discharged as an insolvent debtor, cannot support an ejectment for lands previously vested in him, though his trustees have not given bond pursuant to the act of 4th April 1798. Willis's lessee v. Row.

520

ACTS OF PARLIAMENT, STATUTES.

1. The statutes of 13 Edward 1, c. 11, and 1 Richard 2, c. 12. concerning escapes, extend to Pennsylvania. Shewell v. Fell.

2. The policy and principles which gave rise to the British statute of 19 Geo. 2, c. 37, have been adopted here, both in courts of justice, and by commercial usage. Pritchet v. Insurance Company of North America.

458

ADMINISTRATORS AND EXECUTORS.

1. An executor not a witness, in a suit brought against him. Dehuff v. Turbett's executors.

ADMINISTRATORS &c.] (595)

[ARBITRATION, &c.

2. Devise of lands to three sons in fee, but if either of them die without children, then the same to be equally divided among the other children, or to be sold and the money divided among them, and executors appointed in trust for the purposes and intents in the will, and overseers appointed to see it well performed; on the death of one of the sons without children, the surviving executors may sell the lands devised to him. Jenkin's lessee v. Stouffer et al.

3. On a suit brought against an administrator, for not conveying lands contracted to be sold by his intestate, the plaintiff must prove the contract in court, and have it recorded, before bringing of the suit. Young v. Pemberton's administrator.

AGENT.

1. A ship's agent, in a foreign port, a witness to prove the shippers of goods. Andre v. Care.

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163

317

101

2. A broker, on effecting a policy, is agent of both parties, and notice of an abandonment to him, is sufficient to charge the insurer. Crousillat v. Ball. 375 AGREEMENT AND CONTRACT.

1. Where two conveyances are made for two tracts of land on the same day, and one bond taken for the consideration, and the contract for one of the tracts is rescinded for defect of title, it lies on the vendee to show some circumstances proving that he would not have brought the one without the other tract, in order to vacate the contract for the other tract. Greenwalt v. Born et al.

2. In what cases performance of an agreement as to the sale of lands will be enforced, where no money has been paid, but bonds given-the cases in England on this subject, are not stictly applicable to this State. Tod's lessee v. Pfoutz.

3. On a suit brought against an administrator, for not conveying lands contracted to be sold by his intestate, the plaintiff must prove the contract in court, and have it recorded, before the bringing of the suit. Young v. Pemberton's administrator.

4. A letter by an uncle, inviting an unmarried nephew te come here from Germany, and promising, if he proved obedient and followed all his directions, that he should be the heir of his whole estate, can neither operate as a will, nor such a contract whereof specific execution should be enforced. Stine's lessee v. North.

ALIMONY. (See Divorce.)

ARBITRATION, AWARD, REFERNCE, REPORT.

1. Where a replevin is brought for goods distrained for rent, and the cause is referred, and the refferees find a sum due for rent beyond the time of distress, the report will be set aside. Shaw v. Atkinson et al.

6

177

317

324

48

149

2. In account render, a general reference may be entered by consent. Barde's administrators v. Wilson.

3. Reports of referees will not be set aside for slight causes, but only for a clear mistake in law or fact, affecting the justice of the case. Groos v. Zor521 ger.

4. Referees' reports will be judged of liberally, but they must adhere to the established essentials of actions, unless it is allowed in the submission. Gross v. Zorger.

721

5. And therefore, if in debt for a penalty, conditioned to do a collateral act, the award exceeds the penalty, and interest from the time of performance, the report will be set aside.

6. An award must be certain and final. But a general plea thereto, charging mistake in the arbitrators, without stating the particulars, is bad. The court, where it is in their power, will correct a plain mistake of arbitrators, or refferees. Fisher's executors v. Paschall's heirs.

564

7. Unless a clear mistake in the arbitrators, is pointed out and ascertained, the court will not examine into the award. Romans v. Robertson.

584