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Page:United States Reports, Volume 2.djvu/99

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Souruu Cooa·r‘er Pm;/jlvmt ig { criti¢mm'hteitherbeoftl1ed ormxihj sthelatterof xylgi E wliieh hailgbeen chofeu in theciorrztfent cafe. 2 Howl. x86. *’V‘} Wu!. Ivy?. 45. ‘ Bv rue Conan- :-It is neeefary to Rate the townlhip ; but ` if the defendant is proved to have been there, it is enough to fatisfy the delignation. The lirlt day a man comes into a place, hcisallranger; the fecond day he is coniidered asa gueit; andthethirddayhebecomesan inhabitant. But ifan one comes from New-jerfey, and ltays only an hour in Peng/`ylunnia, during which beeommits an oifence, he mullbe cbargedns of the townlhip, in whiehlxe was at the time ; for,he cannotbe ` called of New-feyiy. · With refpc& to the obje&iom againll: the form of the addi- - tion, it is to be obferved, that the ilatute requires the defcription of a Rate, degree, or millery; but either of them is fullicient. For inltance, ithas never been doubted, but that the addition of widow, or fpinller, is valid, and yet fuch addition is cen- - tainly not defcriptive of an de or miilzery. The ilfue being found fin E? Commonwealth, fentencc of death was pronounced, and the defendant was foon afterwards executed.

Mqy Seiiicns, 1786. -·- -¤ Annnew’s Leilize, ·v¢r_hu F1.u.nne.' _ . ]ECI‘MF.NT. In the eourfe of the trial of this caufe, 3 R,. E the following points were ruled. 1. The plaintiff offered to give evidence of a converfation be- ‘ ' tween Therm: Fleming, the hufband of the defendant, under /W · whom {he held pollellion, and Callander, under whom the /W-IS plaintiff claimed ; in which Fkmiqg, declared, •¢ that he had title ‘ to the land in queltion, taken in execution as his, by the lherif; and prayed Cullander to permit him to continue {omctime lon- ger in po{li:llion." _ It was obje€tcd, that the admillion of the evidence would be getting up a perfon’s own declarations, to give him a title to the an . But, if Ruled at Lmzcasrcr Mei Prim.