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common pleas; and, for that reason, commission of bankruptcy had issued
judgment arrested.

316 against the drawer, may be proved under
Priority of judgments in different the commission.

370
courts.

320 The assignee of negotiable paper, is
No privilege against a subfræna. 341 not liable to any equity between the ori-
When replevin cannot be maintained. ginal parties of which he had no notice ;

342 but a commission of bankrupts is notice
The costs of a former ejectment, which to establish a right of set-off in the
liad been non-pros’d, must be paid before bankrupt.

370
trial of the second.

353
It is too late to object to the alienage

R
of a juror, after verdict.

353
A joint commission to four persons to

RECORDER.
take depositions, cannot be executed by

'The Recorder of Philadelphia is not a
hree.

410

judge, within the meaning of the consti-
Proceedings in a habeas corpus, upon tution.

229
a commitment for murder on the high

412

REFEREES.
How many jurors may be challenged

Referees cannot delegate tlreir trust
peremptorily in a capital case. 413

and authority to others.

71
An action may be removed by hab.
corp. on or before the first day of the right to land, but it may settle a clispute

A report of referees cannot give a
term next after that, to which the original about land, either in ejectment, or tres-
writ is returnable.

433
pass.

120
Pleadings in covenant

436

When it is too late for the plaintiff to
Though profert is made of a deed, if strike off the rule of reference and dis-
Oyer is not prayed, the deed is no part continue the suit.

222
of the record.

436

An umpire, chosen by referees, must
PRIORITY.

himself hear the parties, and examine the
evidence.

232. 271
See Judgments. Execution. Lien. Where an award is good. 284

A report set aside, because the action
PRIVILEGE.

was founded on an unlawful contract. 298
Privilege of a member of Assembly

Er parte communications to referees
and when to be claimed.
107 condemned.

300 (1)
Privilege of a Foreign minister. 321

REGISTER.
Privilege of a witness and a party, in a
suit.

329. 386

See Ship’s Register.
No privilege against a subpæna. 341

RELEASE.
PROFERT.

Release of one joint debtor, how far a
discharge of the other.

275
See Oyer. Practice.

REMITTANCE.
PROMISSOR! NOTE.

See Merchant.
A promissory note, negotiated in New

47

RENT.
York, is not subject to attachment.

What is due notice to the indorsee of What interruption in the possession of
non-payment of a note or bill; and what the demised premises shall suspend the
evidence of a waiver of notice. 109. 127. rent.

124
151 How far it is necessary to show, that a
Whether the discharge of the drawer distress was made upon the premises.
of a note from a ca. sa. is a discharge

208, 9
of the indorser.

275 What allowance for cattle distrained,
A promissory note, purchased after a and left with the debtor

208, 9
Vol. IV

REPEAL.

"TATE SEALS,
"See Bankrupt.

See Evidence.
REPLEVIN.

STATE TREASURER
Where Replevin cannot be maintain-

See Treasurer.
ed.

242

SUBPOENA.
S

See Practice. Privilege,
SALVAGE.

SURETIES.
Salvage to an American for rescuing

neutral vessel, from a French priva The responsibility of sureties of the
eer.

34

state treasurer, how limited. 282
Salvage to an American, for re-capture
of an American from a French priva-

SURVEYS.
teer,

37

See Land.
SEAL

SURVIVOR
See Evidence,

The surviving obligee of joint bonds is
SET-OFF,
entitled to the possession of the joint se-

354
Where a set-off of a debt due from the curities to recover the amount.
defendant in a foreign attachment to the

T
garnishee, will not be allowed on the scire
facias.

291

TENDER.
In an action brought by the common-
wealth, the defendant has no right of set When duly made. 327. App. xxiii
off.

303
A commission of bankruptcy is legal

TITLE.
notice, to affect the subsequent assignee

See Land.
of a promissory note, with the statute
right of set-off.

370

TREASON,
SETTLEMENTS.

Attainder for treason does not forfeit
See Land. Voluntary Assignments. the estate of tenant by the curtesy ini-

tiate.

168
SHIP.
What shall be deemed the destruction

TREASURER.
or casting away of a ship, at sea, with

The responsibility of the sureties of
design to injure the insurers. 412

282
See Duties. Insurance. Ship's Register,

the state treasurer, how limited.
SHIP'S REGISTER.

TRUST,
Contracts in violation of the Register A remittance made by a debtor for
ing act cannot be enforced. 269. 298. payment of his creditors, is a trust fund,

308. -342 that cannot be attached in the hands of
When an American registered ship, the correspondent.

279
sold in part to resident American citizens, See Voluntary Assignment. Attachment.
is liable to foreign, or domestic, duties,
on her return to an Anerican port. 374

V
Anp. xxxiv
SPRINGETSBURY MANOR.

VOLUNTARY ASSIGNMENTS.
The Manor was duly surveyed and re Under what circumstances a volunta.
urned, before the 4th July 1776. 402 ry conveyance of an insolvent debtor, ili

trust for general creditors, is fraudulent

WATER-COURSE
and void as to a particular creditor. 76
A creditor cannot sue the voluntary

See Land. Damages.
trustees of his debtor, for a dividend, un-
less he has subscribed the conditions of

WILL.
the trust.

224
Where. instruments executed after Whether a legacy shall amount to the
marriage, shall be valid, or not, as mar extinguishment of a debt due from the
riage settlements, against creditors. 304, legatee to the testator.

123
305 (1)

What passes a fee simple, or creates
Voluntary assignments being execut an estate tail, in a devise. Ant. xii
ed merely to give jurisdiction to a federal
court, the suits dismissed.

330

WITNESS.
Secus if the party might have com-
pelled a conveyance.

338 (2)

See Evidence.
W

A certificated bankrupt is a witness to

prove the parol evidence of a bill of ex-
WARRANTS.

change, in an action brought by him
See Land.

against the acceptor, before his bank-
ruptcy.

137
WARRANTY.

Privilege of a witness. 329. 387

President of an insurance company is
The collateral warranty of the ancestor
operates as an estoppel, the St. of 4 Anne

a competent witness, on a trial for de-
16. not extending to Pennsylvania.

stroying a vessel at sea, with design to
168 injure the company.

415
See Covertant. Insurance.

END OF THE FOURTH VOLUME,

1

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