as aforesaid, and that said Pearl made an undue and unlawful return on the same in the words and figures following, viz. "Then by virtue of this writ of execution to me directed, I repaired to the usual place of abode of the debtor within named, and made demand of money, goods, or chattels to satisfy the same; and in satisfaction thereof the said debtor delivered to me a certain writ of execution to me directed, to serve and return in favour of the said debtor, and against the creditor within named, and one Caleb Culver, for the sum of 117. 5s. 6d. lawful money, debt or damage, and 15s. 10d. costs, on a judgment rendered by Timothy Pearl, Esquire, one of the Justices of the Peace for said County of Chittenden, on the 6th day of April, A. D. 1795. Said writ of execution by the said Justice subscribed with his official signature, and dated the same 6th day of April, to indorse upon the same such sufficient sum as might be in full satisfaction of the within execution, and the legal costs thereon arising. Therefore, in pursuance of law, by an indorsement on the aforesaid execution in favour of the within named debtor of the sum of 67. 2s. 6d. lawful money, in full satisfaction of the within writ of execution, I do return the same fully satisfied." The general issue tendered and joined to the first count, and defendant demurred to the second. By the Court. An officer has a right to off-set one execution against another between the same parties both in his hands at the same time. The plaintiff has allegated no cause of action in his second count, and the same is insufficient. Culver V. Pearl. Culver V. Pearl.' issue. By agreement of parties entered on the record, judgment on the demurrer to control the general Plaintiff nonsuited. Sheriff having two writs of execution for and against the same parties, may extend up. on parcel of land fying in his returns distinct boundaries. DoE, ex dem. ABRAHAM BALDWIN and ZALMON session. EJECTMENT for lands in Cornwall. The only point worthy note in this cause is, that plaintiff adduced in evidence two writs of execution the same of equal date, both in favour of Baldwin and Booth, without speci- against Samuel Benton, levied by John Chipman, Esquire, Sheriff of Addison County, upon the land in question jointly, i. e. the return of the officer on each is, "To satisfy this and one other writ of execution between the same parties, I have extended on and caused to be appraised according to law, certain lands butted and bounded," &c. The question made is, whether the sheriff should not have levied each writ separately, and on several parcels of land, describing in each return distinct boundaries. By the Court. The levy is correct. Hamilton V. Williams. DUDLEY HAMILTON, qui tam, pro se and the Treasurer of Essex, against HIEL WILLIAM. ERROR. This writ was brought to reverse a Vermont Stat, judgment rendered on appeal by the County Court The record of a vol 2. p. 19. fession before a Justice, and in a suit brought by the present plaintiff to recover voluntary con the penalty for killing deer out of the statutable season, under the act to prevent the destruction of deer. whole penalty, may be pleaded in bar to an ac payment of the It appears, from inspection of the record, that the tion qui tam. defendant Williams had, before the institution of the suit, complained of himself to Mr. Justice Powell, of Westford, who recorded his confession, and received the whole penalty for the use of the treasury of that town. In the County Court the defendant pleaded the record and proceedings of the Justice's Court in bar. Upon demurrer to the plea in bar, the County Court rendered judgment in his favour. And now the error assigned is, that demurrer to the plea in bar was sufficient, and that the proceedings before the Justice do not amount to the plea of autrefoits convict, Sed per Curiam. These voluntary confessions of breaches of the minor statutes in the criminal code are so generally considered by the people to be correct, that the Court are inclined to sanction them. It is true, that in breaches of the peace, in assault and battery for instance, the Court would hardly incline to screen an offender, who had committed per Hamilton V. Williams. haps a violent battery, and by his own representation had induced the magistrate to impose a fine every way inadequate to the offence; but no such injustice can happen through the voluntary confession of a breach of a penal law, where the penalty is ascertained, and the offender cannot lessen it by misrepresentation. Judgment of Court. There is no error. Let the judgment of the County Court be affirmed with additional costs. REGULA GENERALIS. ORDERED by the Court--That when the plaintiff in any writ of error shall become nonsuited, or shall neglect to enter and prosecute his suit, and the defendant shall become by law entitled, by complaint, petition, or motion, to enter for costs or damages; the defendant, on filing such petition, complaint or motion, shall pay to the Clerk of the Court one dollar for Clerk's fees, which may be taxed and allowed in his bill of costs. DETERMINED IN THE SUPREME COURT OF JUDICATURE OF THE STATE OF VERMONT. CHITTENDEN COUNTY, JANUARY TERM, PRESENT, ENOCH WOODBRIDGE, Chief Judge. NOAH SMITH, Assistant Judge. ASA BARNS, Appellee, against ISAAC WEBB, Appellant. THIS was an action for slanderous words. Plea, The truth of not guilty. Daniel Chipman and S. Miller, on the part of the defendant, offered evidence to prove the truth of the words spoken in justification. Amos Marsh, for the plaintiff, objected to the admission of such evidence under the general issue. He contended that it must operate as a surprise upon the plaintiff; would bring on trial the conduct of his whole life, which no man of even the fairest character could be presumed to be prepared to defend instan words spoken, cannot be given in evidence under the general issue in an ac tion for slan derous words. |