See APPEAL, 2. PRACTICE. RE-
The surrender of the principal to
the custody of the sheriff, on the
first day of the term appointed
for hearing, discharges the bail
from his liability on the bond to
take the benefit of the insolvent
acts. Gallagher, for the use, &c.
v. Kenedy.
BANKRUPTCY.
See NEW PROMISE.
BOND.
See COUNTY COMMISSIONERS, 2, 3,
4, 5. WITNESS, 1.
1. A bond given to A. and B., who
were directors of the poor, may
be sued in their names for the
use of the directors of the poor,
though they constituted a body
corporate. Greenfield and ano-
ther v. Yeates and others, for
the use of the Directors of the
Poor, &c.
2 Where a bond is directed by sta-
tute, to be taken by a corporate
body, but no form is prescribed,
it is good, though taken in the
name of individual members,
as obligees.
Ibid.
3. A joint bond cannot, as against
a surety, be shown to have been
made so by mistake, instead of
a joint and several bond, by evi-
dence dehors, unless the evi-
dence leave no doubt, that a
mistake, in point of fact, has
been committed, and the in-
structions of the parties de-
parted from. Moser v. Liben-
guth and another, Administra-
tors of Libenguth.
See COUNTY COMMISSIONERS, 3,
4, 5.
CERTIORARI.
See CONSTABLE.
A Certiorari does not lie to a
justice of the peace, to remove
A common recovery, whether it
is valid or void, works a forfei-
ture of the particular estate.
Where A. had an estate for life,
and the issue of A., as tenants
in common, had contingent, con-
current estates in remainder,
and a recovery was suffered by
A. of the whole estate: Held,
that, although the recovery was
void, for want of a good tenant
to the præcipe, the estate of A.
was forfeited by the recovery,
and the contingent remainders
of his issue were consequently
destroyed.
Ibid.
CONSIDERATION.
See SEALED Bill.
CONSTABLE.
1. A constable is not liable to the
plaintiff for not serving an exe-
cution issued by a justice, where
the justice has gone to the con-
stable and withdrawn it, in con-
sequence of a Certiorari deli-
vered to him, though no bail
was entered on taking out the
Certiorari. Sherfy v. Fisher. 147
2. A constable who has an exe-
cution put into his hands against
a defendant, cannot discharge
such defendant from liability to
the plaintiff, by settling an ac-
count with him for money trans-
actions heretofore had between
them, and passing receipts;
CONVEYANCE.
See PURCHASER.
CORPORATION.
no money being actually paid. See BOND, 1, 2. KENSINGTON DIS-
TRICT. PARTNERS.
COSTS.
See APPEAL, 2, 3, 4. REFEREes, 1.
See COMMON RECOVERY, 2. DE-1. In Pennsylvania, an executor
CONTRACTOR.
See COUNTY COMMISSIONERS, 4.
CONTRIBUTION.
1. J. H. a tenant in common with
D. S. of a forge, leases his
share to J. S., the son of D. S.,
and in the lease it is agreed
that considerable new work
and repairs must be done to the
forge, such as roofing and re-
pairing the forebay and trunks;
and also the hammer and bel-
lows wheels, so far as may be
agreed on by D. S. and J. H.;
the expense of which repairs is
to be kept correctly and parti-
cularly by J. S.: and the said
J. H. agrees to discount out of
the rent one half of such ex-
pense, provided it should not
exceed the sum of one hundred
and eighty dollars in any one
year: and the said J. S. is to
keep the said forge in good te-
nantable repair during the said
term, and at the expiration
thereof, give up peaceable pos-
session of the forge and pre-
mises, being the undivided half,
to the said J. H." Held, that
the lessee was not bound, in the
event of D. S. not agreeing to
essential repairs of the kind
particularly mentioned, to make
them at his own expense, under
the covenant to keep the pre-
mises in tenantable repair, but
plaintiff, is bound to pay costs
to the defendant in case of non-
suit, or verdict for the defend-
ant, as well where he necessa-
rily sues in his representative
character, as where the cause of
action arises after the death of
the testator. Muntorf and ano-
ther v. Muntorf.
2. But costs accrued since the
testator's death, are not a lien
on his lands as against a pur-
chaser.
Ibid.
Where an act of assembly gives
treble costs to the defendant,
the English rule on this subject
does not prevail, but the de-
fendant is allowed three times
the usual costs, with this re-
striction, that the fees of the
officers are not to be trebled,
where they are not regularly and
usually payable by the defen-
dant. Shoemaker v. Nesbit. 201
COUNTY COMMISSIONERS.
See SHERIFF. TREASURER, 4.
1. The commissioners of a coun-
ty, as well as the treasurer, are
bound to take an oath of office.
Keyser and others, Commis-
sioners, &c., v. M Kissan. 139
2. A bond given to A., B., and C.,
commissioners of a county, and
their successors, may be sued
in the names of their successors.
Long and another v. Laufman
and others, Commissioners, &c.
3. A bond given to commis-
sioners of a county, to secure
the performance of a contract
for building a bridge, is valid
though not expressly directed
by any act of assembly. Ibid.
4. Query, whether the comission-
ers are bound by the report of
the court and grand jury, in re-
spect to the materials of which
the bridge is to be built? But
if they are, it is no defence to
a contractor, sued on his bond,
that they have deviated from
such recommendation. Ibid.
5. Nor, that such bridge was not
built on the public highway,
if it was as near it as public con-
venience required.
Ibid.
COUNTY RATES AND LE-
venant on the part of the gran-
tor to procure the power to be
recorded within a reasonable
time. Penn v. Preston.
2. The covenant is not fulfilled
in relation to lands in Wayne
county, by recording the power
in Philadelphia county, unless
it be proved that the grantor
also had lands in Philadelphia
county, to be affected by the
power.
Ibid.
CREDITORS.
See SALE, 4, 5.
DAMAGES.
See APPEAL, 3, 4. TROVER, 2, 3:
Damages for detention, are reco-
verable in a suit for a penalty,
by the party grieved; but it is
otherwise in the case of a com-
mon informer. Ritchie v. Shan-
non.
196
DEBT.
See EXECUTORS AND ADMINISTRA-
TORS, 1. NEW PROMISE.
The office of President Judge
of a judicial district, is liable
to taxation for county rates and
levies under the act of the 11th
of April, 1799. The Commis-
sioners of Northumberland coun-1.
ty v. Chapman.
COUNTY TREASURER.
See TREASURer.
See PURCHASE MONEY.
COURT MARTIAL.
1. If a court martial, bona fide,
convicts a person not subject to
militia duty, of an offence within
its jurisdiction, as for non-at-
tendance at training, neither
the members, nor the officer ex-
ecuting their sentence, are lia-
ble in trespass. Shoemaker v.
Nesbit.
2. If they act mala fide, they
would be liable as trespassers,
ab initio.
1. The words "intended to be re-
corded" used in a deed, in refe-
rence to a power of attorney,
under which the deed purports
to have been made, imply a co-
Testator directed his executors
to purchase a tract of land, to be
conveyed to them in trust for
his son, who was to have the
rents, issues, and profits there-
of, but the same was not to be
liable to any debts contracted,
or which might be contracted
by his said son, at whose death,
the land was to vest in the heirs
of his body; and, if he should
die without heirs of his body,
then to vest in the right heirs
of the testator. Held, that the
son had not such an interest in
the land as could be taken in
execution, and sold for his debts.
Fisher v. Taylor.
2. The act of 4th of April, 1797,
limiting the lien of debts on the
real estate of a decedent to se-
ven years, protects such estate
only in the hands of a bona fide
purchaser, and not in the hands
of an executor, who has himself
become the purchaser. Bruch v.
Lantz.
DECEDENT.
See DEBTS, 2.
DECLARATION.
See AMENDMENT. ERROR, 3, 4, 5.
See COVENANT, 1. PURCHASER,
1, 2.
DEPOSITIONS.
See PRACTICE, 6.
DEPUTY SURVEYOR.
See EVIDENCE, 8. SURVEYOR.
DESCRIPTION.
See POSSESSION, 2. PURCHASER,
1, 2.
1. To effectuate the intention of
the testator, "or" may be con-
strued "and." Sloan v. Hanse.
28
2. Devise to A. and B., or to their
heirs. B. at the time of making
the will was dead, of which the
testator was ignorant. Held, that
the devise to B. had lapsed, and
the testator's heir at law was en-
titled to recover.
3. Testator devises to one child a
tract of land, and afterwards
devises to another child a larger
tract, held by another title, and
which embraces within its boun-
daries the whole of the tract first
devised. Evidence is inadmissi-
ble, on the part of the first de-
visce, to show that the title to
the larger tract was defective.
Seckle v. Engle and another. 68
4. Under such circumstances, the
two devisees take the smaller
tract together as tenants in com-
Ibid.
5. Devise to A. during his natu-
ral life, and, after his decease,
if he shall die leaving lawful is-
sue, to his heirs as tenants in
common, and their respective
heirs and assigns for ever; but,
in case he shall die without
leaving lawful issue, then to B.,
the brother of A., to hold to him,
his heirs and assigns for ever:"
Held, that A. took an estate for
life; that A's. issue, as tenants
in common, and B. took respect-
ively contingent estates in re-
mainder, but one of which re-
mainders could ever become
vested; and, that neither of
these remainders could become
vested, till the death of A.
Stump and others v. Findlay
168
and others.
6. Testator devised to his wife,
during her lifetime, or widow-
hood, all his estate real and per-
sonal, to be applied by her to-
wards raising and schooling his
children, and at her decease,
the remainder, if any, to be di-
vided according to the laws of
this commonwealth, share and
share alike: and in case she
should see cause to marry, she
was to have only her bedding,
and an equal share with the chil-
dren that might then be living,
out of his estate, and the remain-
ing executor, or guardians of the
children, to take care of their
parts. He then appointed his
wife and another, executors, em-
powering them to sell the tract
of land in dispute, and the mo-
ney that might be got for it to
be laid out on other property, or
to the best advantage, except
what might be necessary for
keeping, schooling, and raising
the children until they were em-
powered to call for it, agreeably
to the former part of the will.
The wife survived the other ex-
excutor, and married. Held, 1.
That she and her husband had
no power to sell. 2. That after
the children had arrived at full
age,
the
even if the other
power,
executor had been living, ceased.
Clark v. Campbell.
RENT, 1, 2, 3.
On a demise of a grist mill, the
lessee to render one-third of the
toll, the lessor may distrain for
the rent. Fry v. Jones.
EJECTMENT.
See AGREEMENT.
ELECTION.
1. Under the act of assembly of
the 24th of March, 1812, incor-
porating the township of Moya-
mensing, the three commission-
ers elect, are not competent to
take part in deciding on the va-
lidity of their own election.
The Commonwealth v. M'Clos-
key and others.
369
not a bar to the suit, when re-
quested by counsel to do so, is
error. Robeson v. Gibbons. 45
2. It is error, when an action is
brought for the use of another,
and the nominal plaintiff dies, to
swear the jury, and try the
cause in the name of cestui que
use. Hess v. Hess.
67
Where the injury complained
of is a continuing one, and such
continuance is the ground of a
new action, it is error to lay in
the declaration affirmatively,
that any part of the injury ac-
crued after the commencement
of the suit. Shaw v. Wile.
4. But where the only act which
is actionable, has passed before
the writ issued, and the conse-
quences of it, though continuing,
are not the ground of a new ac-
tion, it seems, the law is other-
wise.
2. It is illegal, under the provisions
of that act, for the commission-
ers elect to be sworn in before
their election has been returned
and approved.
3. Though the act of incorporation
constitutes the commissioners
whose term had not expired,
judges of the election, and gives
them full power and authority
to approve thereof, or to set aside
the same, and order a new elec-
tion, as the law may require, yet,
the superintending jurisdiction of
the Supreme Court is not thereby
ousted; but they may inquire into See COMMON RECOVERY, 3.
the legality of the proceedings of
the commissioners in setting
aside an election, by granting an
information in the nature of a
writ of Quo Warranto. Ib.
4. The commissioners have no
right to set aside an election, as
to those persons who had a clear
majority after deducting illegal
Ib.
ENCUMBRANCES.
See SHERIFF'S SALE, 1, 2, 3.
EQUITY.
See JUDGMENT, 3, 4, 5.
ERROR.
See AMENDMENT, 2. ARBITRATION,
2. REFEREES, 1. REPLEVIN, 1.
SURVEY.
1. The omission to charge the jury
that a delay in bringing suit for
any time short of that prescribed
by the statute of limitations, is
Ib.
5. But if be not, and the time is
laid under a videlicit, or is insen-
sible, or impossible, the error is
cured by verdict.
ESTATE FOR LIFE.
See AGREEMENT. BOND, 3.
PAROL EVIDENCE.
VISE, 2.
PLEADING, 2. SEALED BILL, 2.
SET-OFF, 2. TROVER, 1, 2, 3.
1. The docket of a justice of the
peace, obtained from his office
during his absence from the
county, and proved to be in his
hand-writing, is evidence, al-
though no Subpoena has been
taken out to procure his atten-
dance. Dennison v. Olis.
2. A connected draught from the
surveyor general's office is evi-
dence, not to make title, but to
show whether there are any, and
what interferences. Robeson v.
Gibbons.
45
Where the question was,
whether a deed, an exemplifica-
tion of which had been read in
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