lieve all persons in actual confine-
ment, whether inhabitants of this
state or not; but a nonresident debt-
or must apply for his discharge to
the court by whose process he is
confined. Croxall's case.

INSPECTORS OF THE PRISON.
See QUO WARRANTO.

INSURANCE.

See SET-OFF, 3. EVIDENCE, 9.

1. In an action on a policy of insurance,
wherein the plaintiff declares for a
total loss, and proves a capture and
condemnation of the property which
he has never abandoned; the jury
may estimate the value of the spes re-
cuperandi, deduct it from the whole
sum insured, and find the remainder
as a partial loss. Watson v. The In-
surance Company of North America.

47

2. If a policy underwritten in Philadel-
phia contains a warranty of American
property," to be proved if required.
"in this city and not elsewhere," the
assured is entitled to vindicate the
truth of his warranty not only against
a foreign condemnation as enemies,
property, but against a condemnation
for any act or omission of his agents
during the voyage, by which the neu-
trality is alleged to have been for-
feited. Calhoun v. The Insurance Com-
293
pany of Pennsylvania.

3. An agreement by a lender on respon-
dentia, "to be liable to average in the
"same manner as underwriters on a
"policy of insurance according to the
"usages and practices of the city of
"Philadelphia," does not entitle the
borrower to calculate an average loss
upon the whole amount of the money
loaned and the marine interest, but
merely on the cost and charges of
the goods on board, and the premium

405

4. Upon an insurance on goods, the un-
derwriters are not liable for freight
paid by the owner of the goods dur-
ing the voyage.
5. The assignee of a policy of insurance,
takes it subject to all defalcations to
which it was liable before the assign-
ment; and therefore in a suit by the
assignee the insurers may set off a
debt due by the assured at the time
of the assignment, though it be an
open policy, and the claim for a par-
tial loss. Rousset v. The Insurance
Company of North America. 429
6. Upon an insurance "at and from" the
warranty of seaworthiness must be
referred to the commencement of the
risk; and if between that time and the
sailing of the vessel, she becomes un-
fit for sea without the fault of the
assured, and is afterwards lost, the
assured may recover. Garrigues v.
Coxe.
592

7. A policy on vessel contained a clause
that if "after a regular survey she
"should be condemned for being un-
"sound or rotten, the underwriters
"should not be bound to pay their
"subscriptions." The survey and con-
demnation, to come within the clause,
must shew unsoundness from decay,
and not from accident, as the eating
of rats.
592
8. A leak occasioned by rats without
the neglect of the captain, is a peril
within the policy.

INTEREST.

592

2. Judgments obtained before a justice
of the peace, when filed in the com-
mon pleas or made known to ad-
ministrators, must be paid pro rata
with judgments in courts of record.
Scott v. Ramsay.

221

3. Judgment may be arrested for an ob-
jection on the face of the record,
though it was not assigned at the time

1. The act of 22d April 1794, which
prohibits the land office from receiving
applications for certain lands after the
date, does not prevent an alteration of
the names of former applicants. Faulk-
ner v. The Lessee of Eddy.
188

2. An appeal does not lie from the board
of property to the common pleas, al-
though an act of assembly directs the
officers of that board to do certain
things in case of an appeal. The only
way of contesting their decision, is by
an action between the parties in the
ordinary way. The Commonwealth v.
Cochran.
324

LARCENY.

Under the act of 5th April 1790, which
declares that larceny of bills obligato-

1. The orphan's court may if necessary
direct an issue, to settle a disputed
fact. Yohe v. Barnet.
358

2. A. obtains judgment against B. his
son in law, and then dies intestate
seised of real estate, and leaving seve-
ral children, among whom is the wife
of B. The real estate is divided into
fewer parts than there are children,
and they are allotted accordingly un-
der the direction of the law, that a
bond shall be given by those who take
the land to the other children, B.'s
wife among the number, for their res-
pective purparts. B. is insolvent, and
his debt to A. unpaid. The orphan's
court may order B.'s debt to be de-
ducted from the amount of the bond
for his wife's part.
ib.

1. Where a defendant pleads payment to
an action of debt on a bond, and at-
tempts to defeat the bond by giving
evidence of fraud, or want of conside-
ration, but makes no set-off, the plea
is not under the defalcation act, but is
allowed under the equity powers of
the court, to give the defendant an
equitable defence; and therefore if he
fails, the judgment shall be entered for
the penalty. Sparks v. Garrigues. 152
2. Under the plea of payment to a scire
facias to revive a judgment, the de-
fendant may give in evidence that
when he executed the bond and war-
rant, upon which the judgment was
confessed, the plaintiff promised to