cutor indorſed, unleſs there was really a Proſecutor exiſting, for the Words in the Act are, the Proſecutor. And as no Perſon in the preſent Cafe is proved to be active in carrying on the Proſecution, the Defendant muſt plead to the Indictment without any Indorſement.
It was then moved, that the Defendant himſelf might be ſworn to prove the Perſon proſecuting; but denied by the Court, who ſaid it muſt be proved by indifferent Witneſſes.
September Term, 1762.
Nixon and Harper verſus Long and Plumstead.
THE Proteſt of a Maſter of a Ship, allowed to be given in Evidence.
April Term, 1763.
William Allen, Chief Juſtice.
William Coleman, Juſtice.
The Leſſee of Fothergill and others verſus Christian Stover.