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Page:United States Reports, Volume 2.djvu/195

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’U!RIHB COURT OI [89 ' I79I· Rssrunuca verfu Asxuw. tre`! I HE defendant was indi&ed for a libel; and at thelafl: Nj Priur, retraéted his plea and fubmitted, protelting his innocence, 8tc. He now appeared to receive judgment, and hisown allidavit was otfered to be read in mitigation ofthe line. But, ar ·rr·ra Count :-It has been ufual to hear the de- fendant without oath; but we have never known_his allidavit re- Qtivtd, although it only in mitigation of the {ine. Allidavit refufed. Moaarfs Exeeutors wrfu M•Comuu¤m. AMES M•CONNAUGH1" mortgaged to the p1ainti&"s {Y all Teitator, a certain plantation in Cb;/kr County 5 andthen ° `cvifed all his eltate, conlilting of many other tra£ts of land, to 3. his mother fnnnet. _‘}'annet afterwards died, having devifedthe the tra£t in mortgage to her niece Mrs, Darlington, and the relidue of her ellate to her Executors. The plaintiff having obtained judgment on the bond which accompanied the motto ` gage, a motion was made that the fum due ihould be levied on tha authority of appointing to ohice. The Clerk of the Mayor's Court is a public ollicer ; he is concerned in the adminillration of jullice, and refemblea in all refpects the.Cler|: or Prothonotary of the Su- preme Court, and of the courts of Common Pleas, Qrarter Seflious and . Orphans courts, all of whom are appointed by the Governor ; and what _ reafon can be ailigned for his being appointed otherwife, which will not equally apply to them E All commifiionr mult be {igned by the Governoryand run in the name of the Commonwealth. We need` not here lnvelligate the dillinctior: between oliicers that may he ap- pointed without commillions, and thofe who are to be commifiioned; . as the Clerk of the Mayor’s Court comes under the latter clafs, as much as the clerk of any other court. Perhaps it might have been better, if the courts of julliee had been impowered refpectively to appoint their own clerks; lt would have been more agreeable to the ufage in England and moli of the American States; but the Con- · verntion have thought otherwife. On the whole, Iam of opinion, that the Governor has the legal power to appoint and eommillion the Clerk of the Mayor': Court ·tbr the city of Pbiladeyabia, and that judgment be given for the plaintm ·