Page:United States Reports, Volume 1.djvu/20

9
SUPREME COURT of Pennƒylvania.

1764.

April Term, 1764.
 Prefent william coleman,  　 　alexander stedman, ${\displaystyle {\Bigl .}{\begin{matrix}\\\end{matrix}}{\Bigr \}}}$ Juftices.

The Leʃʃee of ALBERTSON verʃus Robeson.

M

OVED to admit a Witnefs to prove the Age of the Plaintiff, his Brother (about fixty Years old) from the hearfay of their Father and Mother. Oppofed, and refufed by the Court.

The Votes of Affembly were admitted to prove the time of the notification of the Repeal of an Act of Affembly by the King and Council. But not anfwering the purpofe fully, the Minutes of Council were fent for, and given in evidence without oppofition. N.B. The Defendant fupported his Title under a Decree of a Court of Chancery eftabished by Act of Affembly ; the Decree was a madetwo Months after the Act was repealed by the King and Council, but fix Weeks before we had Notice of it.

THE COURT gave it in charge of the Jury, that the Act was not repealed, till Notification here ; and the Jury were of the fame opinion, by finding a Verdict for the Defendant.

THE KING verʃus PHILIP HENRY RAPP.

I

NDICTMENT for Mifdemeanor, in marrying a Man to a Woman who had another Hufband living.–Moved, on the Part of the Defendant, to put off the Trial on Affidavit of material Witneffes wanting, and that he had taken the proper fteps to get them.–Oppofed by the Attorney General, as being a criminal Cafe, and not within the Rules of civil Cafes. But granted BY THE COURT, the Defendant being a Clergyman, and his Living depending on his acquittal : but declared not to be a Precedent. [♦]

THE KING verʃus HAAS and others.

M

OVED on the Part of the Defendant to oblige the Attorney General to bring on the Trial, or difcharge the Defendant. THE COURT faid they would not force the Crown to bring on the

[♦]In Rev verfus D'Fon 3 Burr I5I3. The Court faid that in a'l Cafes, when the criminal, or civil, a Trial fhall not be turned on, (illegible text) defendant.

Trial
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