prevent; and the premises would have been thus damnified in the poffeffion of the plaintiff himself. Suppofe when the lease was executed, that the leffee had afked, is it your meaning, that in cafe the buildings fhould be destroyed by an act of God, or public enemies, you are to rebuild or repair them? His anfwer would have been unquestionably, "No;- I never entertained fuch an idea." Should the like queftion have been put to the leffor, his anfwer would certainly have been, No;-I do not expect any thing fo unreafonable." If there is no cafe in point in favour of this determination, there is none against it; and fince no action of this kind has been brought, a prefumption arifes, that the fenfe of mankind is against it. If, however, we should be thought mistaken, another hearing may be had before the high court of errors and appeals, on a writ of error, where this new cafe may be finaly fettled.

"

NEW

NEW-YORK.

COMMON PLEAS, 1787.

Anon.

NE of two partners in trade became infolvent and a feparate commiffion of bankruptcy was taken out againft him; the other partner being, during the whole tranfaction, in good and folvent circumftances. On this cafe the question was, Whether the commiffioners under the feparate commiffion were entitled to receive and diftribute the joint ftock of the partners, or whether the folvent partner was entitled to retain and appropriate it to the use of the company? It was admitted by the council, and declared by the court as an undoubted axiom that joint estate is first responsible to feparate creditors; but it seems on this occafion the commiffioners claimed all the intereft of the infolvent partner in the joint eftate, though they were entitled to make the diftribution. While the folvent partner contended that as he was perfonally anfwerable for the company's debts, he ought to poffefs the fund out of which thofe debts were payable. The apparent equity of the Bba cafe,

cafe, in favour of the latter pofition, gave occafion to a remark from the court, That the execution of the bankrupt law must be extremely defective till a controuling jurif diction fimilar to the chancellor's in England was here established, fince it was left generally to the commiffioners to proceed as they pleased; and upon an appeal to the common law, the courts were bound by general rules which might in particular cafes militate against juftice and natural equity. The forms of inftituting an action created fome difficulty in the prefent inftance, and it was acknowledged by the council that the moft dilligent fearch had not enabled them to difcover a prefident for ascertaining who ought to be made parties to the fuit to recover the partnership debts.

This filence in the law evidently proceeds from the interpofition of the chancellor who directs in every refpect the proceedings under the commiffion, upon full confideration of all the circumftances of the cafe.-N. B. left undetermined.

CHAP.

Conftitution.-Treaty of Peace, &c.

HE NEW CONSTITUTION having been

THE

adopted by the ftates, fubject to a declaration of rights afferting and fecuring from encroachment the great principles of civil and religious liberty, and the unalienable rights of the people; among which are," Liberty of confcience-freedom of the prefs-and trial by jury," and subject to a recommendation of amendment of fome exceptionable parts to congrefs. A copy of it is here added as forming THE

MAGNA CHARTA OF NORTH AMERICA

as is, a copy of the late "

TREATY OF

PEACE," many judicial queftions arifing out

of it between England and America.

CONSTITUTION.

と

WE the people of the United-States in Preamble, order to form a more perfect union, establish justice, enfure domeftic tranquility, provide for the common defence, promote the general welfare, and fecure the bleffings of liberty to ourselves and our pofterity, do

Act 1. fect. 1.

power vestedin congrefs.

ordain and eftablish this conftitution for the United-States of America.

ARTICLE I.

All legiflative powers herein granted

All legiflative fhall be vefted in a congrefs of the UnitedStates. which fhall confift of a fenate and house of reprefentatives.

Sect. 2. Reprefentatives, &c.

Electors, &c.

Reprefentative,
qualification,
&G.

Reprefenta. tives and taxes

c.

The house of reprefentatives fhall be compofed of members chofen every fecond year by the people of the feveral states, and the electors in each ftate fhall have the qualifications requifite for electors of the most numerous branch of the state legiflature.

No perfon fhall be a reprefentative who shall not have attained to the age of twentyfive years, and been seven years a citizen of the United-States, and who fhall not, when elected, be an inhabitant of that state in which he shall be chofen.

Representatives and direct taxes fhall be apportioned, apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole

number