Prefent william allen, Chief Juftice.
william coleman, Juftice.
N a Queftion, whether the original private Book of Memorandums of the Secretary of the Land Office, refpecting the Defscription of the Land originally applied for, fhould be given in Evidence, it was urged that this Book, containing the original Entries from which the Minutes of Property are formed, is the beft Evidence and therefore ought to be admitted. THE COURT faid it was a Matter of Confequence ; and recommended it to the Council of the other Side to confent to the Book's being given in Evidence ; which was accordingly done, and no Determination given by the Court.
HE Court faid, that the Copy of a Warrant of Survey under the Surveyor General's Hand, and containing his Direction to the Deputy Surveyor to make the Survey, has always been given in Evidence:–And such a Copy was now ruled to be admitted, and was ready to the Jury.
NDICTMENT for a Nuifance.– Mr. Dickenfon, for the Defendant, moved that a Profecutor fhould be indorfed on the Indictment, agreeably to the Act of Affembly, [♦] before the Defendant fhould be put to plead.–Mr. Chew, Attorney General, urged that fuch a Conftruction ought to be put on the Act as that public Juftice may not be eluded ; and that there fhould be no Neceffity to indorfe a Profecutor, unlefs it be proved that there is fome perfon active in carrying on a Profecution ; becaufe, if it took its rife from the Grand Jury, or a Juftice of the Peace, no Perfon could be indorfed ;and Offenders of the higheft Nature would efcape being brought to Juftice. BY THE COURT. It often happens that all the Witneffes neceffary to fupport a public Profecution are brought unwillingly to give Evidence ; and the Act could never intend there fhould be a Profe-
[♦]A.(illegible text) c. 3d. fee. i. State Laws a9.