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Page:United States Reports, Volume 2.djvu/130

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`i24 Cnrs ruled and adjudged in the I79t. dmux, orto pay to the Commonwealth {4,000 iterling, for his pre`: ufe. The writing is in the form of arecognizanee, taken as a ftipulation in the Admiralty, but deriving no advanta or preju- dice therefrom : It is a legal, fair and honeik contragi ground- ed upon a meritorious and valuable eoniideration ;and although Mr. Raj is only a furety (andl am forry he is fuch) yet, unlefs he had entered into the writing, the contra& might not have been made; he has become a party in it, and is refponlible for the performance, equally with the other defendants. The fum demanded is fixed and certain ; there was adu certain, which has not been performed, for which an aétion o?debt lies. And, although I ihould have preferred an aélion of fpecial q]i:mM`z· ; yet, I conceive an aélion of debt is maintainable. The Commonwealth mult be conudered as a truitee forLL··wir Lumix, on the authority of 1 Pivn. 439s r Vezq. 453. 4 Bun. atro. The verdi& has been taken in the manner lonlg praélifed in Pumf lmmia, though peculiar to it, and is in cou equeuce ofan •&o{ Aifembly. Upon the whole, the Court unanimoullf agree, that the judgment be entered for the plaintilil judgment for the Plaintiff? ·-—-·¤ ¤—·—· _ . Apr:} Term, 1 791 .

Rusruuuea wr/'ur Romatrrs. HIS was an indiétment for adultery, which had been found in the Quarter Seiiions, of Buck: County. The wo- man was married; but the indiétment did not {late the defen- dant to bel`0; and, indeed, the contrary was allowed, in the courfe of the argument, to be the faét. The queition brought before this Court was, whether in fuch circumftanees, the de- fendant would be convi€ted and fentenced for adultery, under the aél: of Affembly ? 1 Vol. p. 47. Dall. Edit. the Attor- "’} " The tlefendants brought a Writ of Error; but, on the nth yubh I793, the Judges of the High Court of Errors and Ajrpeab', uuauimoully afirmed the judgment of the Supreme Cbur:.