At the succeeding court of Harrison county the plaintiff by his attorney moved the court to award a pluries attachment in this cause, which motion was overruled because of the return on the alias attachment, to which opinion of the court the plaintiff objected. At the superior court of law for Harrison county held in May 1813, the plaintiff moved the court to award a rule for a mandamus to the justices of the said county, commanding them to issue further process to compel the appearance of Solomon Parks a garnishee in the said attachment, which motion for novelty and difficulty was adjourned to the general court for its advice on the following points: 1st. Whether the county court hath legal authority to issue process to another county, to compel the appearance of a person summoned as a garnishee on attachment. 2d. Whether the county court ought to be compelled to award such process in this case. The general court, consisting of judges Holmes, Semple, and Randolph, on the 12th of June, 1813, declined giving an opinion on the first question because it was "stated so generally, as not particularly to refer to the "record." As to the second question they ordered it to be certified to the superior court "that the county court 66 ought not to be compelled to award the pluries attach66 ment against the garnishee." The Commonwealth against Jacob Israel. THE following entry was made on the records of the 66 Superior Court of law for Harrison county, on the 7th May, 1813. "It appearing to the court, from the "affidavit of William Davis, that Jacob Israel, of the 66 county of Harrison, gentleman, one of the common"wealth's justices of the peace within and for the said county of Harrison, has been and is employed in the transportation of the mail of the United States, from "the Green Glades to Marietta, by virtue of a contract "made with the post master general of the United States "for that purpose, and that the said Jacob Israel, while "so employed in the transportation of the said mail, has "continued, and still continues to act as one of the com"monwealth's justices of the peace, within and for the "said county of Harrison. "The attorney for the commonwealth, therefore moves "the court to make a rule upon the said Jacob Israel, to "shew cause, on the first day of the next term, if any he "hath, or can shew, why an information shall not be filed "against him for exercising the said office of a justice "of the peace, while employed as aforesaid in the tran portation of the mail aforesaid, and which motion is "adjourned to the general court, on account of novelty "and difficulty, upon the following points, viz. whether "the said Jacob Israel, by making the contract aforesaid, "and being employed in performance thereof, in trans"perting the mail aforesaid, is disqualified from holding " and exercising the office of a justice of the peace afore"said." June 12th, 1813. The general court, consisting of judges Holmes, Semple, and Randolph, decided, "That "the defendant by making the contract stated in the record, and being employed in the performance thereof, "in transporting the mail, is disqualified from holding "and exercising the office of a justice of the peace." See 1st Vol. Rev. Code, p. 392. The Commonwealth against John Edloe AT the Superior Court of law held for Surry county, on the 29th September, 1812, an indictment was found against the prisoner, in which he was charged with the malicious stabbing of Joseph Warren. He was arraigned, and pleaded, and put on his trial, and the jury after hearing the evidence and the arguments, retired to consult on their verdict. On the 6th of October, during the same term, the jury not having agreed on their verdict, the prisoner was, on his motion, admitted to give bail for his appearance on the first day of the next court. At the next term of the said court, viz. on the 29th April, 1813, the prisoner appeared in court in discharge of his recognizance, and moved the court that he should be discharged from the prosecution, alleging that he had been arraigned at the last superior court of law, held for the county of Surry, for the same offence, and that a jury had been impannelled to pass between the said prisoner and the commonwealth, and had been charged with his case; that the jury had retired to consult of their verdict, and not agreeing were confined during the full legal term of said court; that the said jury did not render any verdict in the case, but separated on the adjournment of the court at the end of the term. Whereupon the court adjourned the decision of the question arising on the motion, with the consent of the prisoner, to the general court. This case was decided November 11th, 1813, by the general court, present judges White, Stuart, Brockenbrough, Allen, Dabney, Daniel, Randolph, and Dade, and the following judgment was given. "It not appearing "from the record of the proceedings in this case, that the "said superior court made any order discharging the jury "of the said John Edloe Thompson's case, after it had "been charged with it; but on the contrary, it appearing "from the said record, that upon the adjournment of the "said superior court, at the end of the term, the members "of the said jury were necessarily separated, and its capa"cities and legal existence destroyed by operation of "law. It is therefore unanimously decided by this court "that the said John Edloe Thompson ought not to be "discharged from further prosecution on the indictment "in the said adjourned case mentioned, notwithstanding at a superior court of law held at a former term, he had "been arraigned upon the said indictment, and notwithstanding at the same court a jury was impannelled to "pass between him and the commonwealth, and charged |