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Page:United States Reports, Volume 2.djvu/62

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56 Cases ruled and adjudged in the ` rygo. become the real 'triers of thefaets. A reafonable doubt,harely, arr`! thatjultice has not been done, efpecially in cafes where the va- lue orimportanceof the eaufeis not great, appears to me tobe mo llender a ground for them. But, whenever it appears with a reafonable cettainty,that a£tual and manifelt in'ultice isdone, orthat thejury havepoceeded on an evident milbke, eitherin pointof law, orfaét, or contrary to llrong evidence,-or have grofsly milbehaved themfelves, or extravagant damatgea; . the Court will always give an opportunity, by a new trial, o rec- tifyingthemiltakes oftheformerjury, andofdoing complete jultice to the parties. The Grit objeétion, as to the manner of the jury colle&ing thefenfeofits members, with regard to the qnantum.of da- mages, does notappear to ns tobewell founded, or at all limip lsrto the cafe of calting lots fortheir ver~di&. In fart: and gather cafes, where there is no afcertained demand, it can feldom that °urymen will, at once, agree upon a precife fum to bepgliglen, injdamages; there will necelfarily arife a of opinions, and mutual concellions mult be expected ; a middle fum may, inmany cafes, be a good rule ; and though, it is polli- ble, this mode may fometimes be abufed by a deligning juryman, fixing upon an extravagantly high, or low fum, yet nnlefs fuch abufe appears, the fraudulent deliiwill not be prefumed. The 2d and gd objections may eonlidered The a&ion is brought upon a bond, given to the lheriE§ upon his executing a writ of Homin: rgplegkmdo. The conditi- on is for profecuting with elfeét, and for making a retum, if a- warded. The plaintif difcontinued his fuit, and no return has been made ; of courfe, if the cafe was divelled of its particular . circumltances, the defendants would be liable for the payment of damages, equal to the value of the thing replevied. The queltion then, upon the trial, was; whether the circumllances A were fuch as, in jultice and equity, ought to difcharge the de- fendants, from the legal obligation they were under, to return the Negro, or pay the price of him. Many eircumltances were given in evidenre; but the mult ma- terial one in favour ofthe defendants, was, that when the writ of Hamine replegiauda was delivered to the lhcrilf to be executed, he was inliruétcd by the defendants, or their counfel, not to __ take the Negro out of the pollizllion ofthe malter; but to leave »‘ him in his hands, during the difpute ; that he was accordingly left in his polfeilion, and from thence it was concluded that he, the malter, and not the fureties, became refponlible for him, The evidence upon this point comes from the lherilf himfelf ; who, by confent, was fworn as a witncfs; hc proved the leaving the Negro in his mall:er’s houfe, when he executed the writ, and that he did not either take charge of him, or deliver Exim · rom