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provided for the landlord, where the tenant for term of years,

or at will, unjustly holds over.

There are two British statutes, that of 4th Geo. 2, c. 28; and 11 Geo. 2. c. 19, by which the lessor or reversioner may recover by action of debt double the yearly value of the premises; and a proceeding by ejectment, but not our summary proceeding by ejectment, as under our act of assembly of 1772.

"And thus lastly, for the sake of a more beneficial and complete relief by decreeing a sale of lands." 3 Bl. Com. 439.

THE power of a court of chancery reaches all cases where a sale ought to be made for the purpose of fulfilling marriage settlements, and raising portions, or paying legasies or debts charged on the estate; and also reaches the case of executing agreements to convey. The heir or the executor with a power to sell, or whoever it is that can make the title, will be compelled to do it. With us, having no court of chancery to decree a conveyance on an agreement to convey; or in the case of the death of a vendor, to compel his representative to make a deed, an act of assembly was passed 31 March, 1792, "to enable executors and administrators, by leave of court, to convey lands and tenements contracted for with their decedents, and for other purposes therein mentioned."

There is no provision in the act to compel executors or administrators to a specific performance of the contract of the decedent; but the court is empowered to give leave on application by petition in a certain casc, viz. where the heir is under age and the executors have no authority by the will.

The same power is given by this act to administrators.

By another act, 2 Ap. 1802, an executor or administrator de bonis non is enabled to execute a deed or deeds, &c. according to the contract of a decedent administrator.

By sec. 3, of the same act, where the administrator has

sold lands by order of the orphans court, and died intestate without executing a conveyance, and no person within three months shall be appointed administrator de bonis non, the orphans court, on petition of the purchaser, shall direct the sheriff to execute the necessary conveyance.

In England, administrators have nothing to do with the real estate. For the purpose of an original sale of lands, here, application must be made to the orphans court; and this by act of assembly with a view to the support of minors; and by the usage of the country, and the construction of the courts founded upon this usage, sale may be made for the purpose of defraying debts.

By the constitution, art. 5, sec. 6, the legislature are empowered to vest in the courts, such powers "to grant relief in equity, as shall be found necessary." This might seem to comprehend the power of decreeing a specific conveyance; but the power of the courts has not been yet enlarged to such extent; and therefore in all cases it must be by action on the contract where the party or his representative may refuse to comply; or by action of ejectment where the land will be recovered under the agreement to convey.

In England the king is the general guardian of the lunatic or non compos mentis. By our act of assembly of the 14th April, 1794, the contract of any person for the sale of lands, who after making the same, shall become lunatic or non compos mentis, it shall be lawful for the purchaser under such contract, to proceed to enforce the same against the person to whom the custody of the estate of such lunatic has been or shall be committed, in like form and with like effect, and the person having such custody shall have like remedy to recover the purchase money under such contract, as in case of contracts for the sale of lands.

By an act of the 12th March, 1800, it is declared, that the authority given by any last will and testament to executors to sell and convey real estates, shall be and remain in the survivors or survivor of them, unless otherwise expressed in the will.

By sec. 3d, administrators with the will annexed, have the same authority.

By sec. 4, administrators de bonis non may execute the power and authorities contained in any last will as fully as if all the executors had joined therein.

A supplement to the act of 1792, passed 12th March, 1804, provides that in all cases the executor of an executor, the admininistrator de bonis non, and so on in succession, shall have equal powers with executors and administrators in the first instance, by leave of court, to convey lands contracted for with their first decedents, agreeable to the act of 1792.

It is within the power of the court of chancery in England that the execution of no trust shall fail from the want of a trustee to execute the trust; and therefore the court will appoint a trustee wherever any thing is to be carried into effect which equity requires should be done. These powers of a court of chancery therefore could only be given by act of assembly, and accordingly from time to time has been given in the case of representatives, such as executors, administrators, &c.

As supplying what a court of chancery in England might have reached, it is provided by an act of 28th March, 1786, that deeds, conveyances or writings, concerning lands and tenements when lost or defaced, may, on bill or petition, be supplied by the supreme courts, or any two of the justices thereof.

By an act passed 19th Jan. 1793, the same power is vested in the respective courts of common pleas of the proper counties.

An answer is the most usual defence that is made to a plaintiff's bill. It is given upon oath.”.

"In almost every case, the plaintiff may demand the oath of his adversary." 3 Bl. Com. 446.

UNDER the chancery power, all papers, books and accounts to which the oath refers, may be called for, and must

be produced. Under our constitution, article 5, sect. 6, the legislature have power to vest in the courts, chancery powers to all extent, to compel a party to answer upon oath, as well as to produce books and papers, whether plaintiff or defendant. They have not yet gone so far as to give the courts the power to reach the conscience, by compelling an answer upon oath; but by an act of the 27th Feb. 1798, it is provided, "That the supreme court, and several courts of common pleas in this state, shall have power, in any one ac tion depending before them, on motion, and upon good and sufficient cause shewn, by affidavit or affirmation, and due notice thereof being given, to require the parties or either of them, to produce books or writings in their possession or power, which contain evidence pertinent to the issue; and if either party shall fail to comply with such order, and to produce such books or writings, or to satisfy said courts why the same is not in the party's power so to do, it shall be lawful for the said courts, if the party so refusing shall be a plaintiff, to give judgment for the defendant as in cases of non-suit, and if a defendant, to give judgment against him or her by default, as far as relates to such parts of the plaintiff or plaintiff's demand, or the defendant or defendant's defence, to which the books or papers of the parties are alleged to apply."

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"By the ancient common law, there was a great latitude left in the breast of the judges, to determine what was treason, or not so: whereby the creatures of tyrannical princes had opportunity to create abundance of constructive treason; that is, to raise, by forced and arbitrary constructions, offences into the crime and punishment of treason, which never were suspected to be such." 4 Bl. Com. 75.

IN the summer of the year 1794, an insurrection in the western counties of Pennsylvania, took place, in opposition to an excise law of the United States; and a number of those implicated; or, charged with being implicated, were arrest

ed, and brought before the federal court for trial of the alleged offence. Being then a practising lawyer in the western country, I had an application from some of these persons to defend them; in consequence of which I had applied my mind to consider, a little, the Treason law of the United States; and the following is a note of the argument I had intended to have made on the law points which might arise in their case. But finding that my name was attached to the bills sent up against them, I declined the being of counsel, as there would arise the necessity of the counsel for the United States, animadverting upon the testimony given. To be called as a witness for the prosecution, and at the same time to manage the defence of the accused, would seem to involve some inconsistency; or, at least, it was a situation not pleasant, but to be avoided. The note of this argument which I had prepared, has appeared in print before, but I believe it has been little read. But at any rate I have thought proper to give it this chance for preservation, by subjoining it in a note at this place.*

* ON THE TREASON LAWS OF THE UNITED STATES.

TREASON by the

common law is indefinite*: Restrained by 25 Edward III: enlarged by 21 Richard II: restrained again by Henry IV. chapter 10th, and brought back to that of 25 Edward III: enlarged again by sundry statutes: it was brought back to that of 25 Edward III, by 1 Edward VI. chapter 12th; enlarged again by sundry statutes §: it was brought back by I Mary, chapter 1st ¶. I have noted the above to shew the rigour of the common law, and the fluctuation of the statute law of England, in regard of the extent of treason.

* There was a great latitude left in the breast of the judges to determine what was treason or not. 4 Blackstone, 75.

+ Whereas divers opinions have been entertained before this time, in what case treason shall be said, and what not, the king, at the request, &c. Statutes at large, f. 117.

The preamble of the statute is, that, "Whereas in the said Parliament, the said one and twentieth year of the late king Richard, divers pains of treason were ordained by statutes, in as much that there was no man which did know how he ought to behave himself, to do, speak, or say, for doubt of such pains, it is approved and assented to by the king, &c. Statutes at large, 118.

§ Statutes, 632.

Statutes at large, 709.

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