1788.
which the Plaintiff had applied first to the discharge of the arrearages of interest; whereas he insisted, that it ought first to have been deducted from the principal debt.
But SHIPPEN, President, said, that the practice had been otherwise; and he though with great reason and propriety. He remember to have heard of an old decision when Logan was Chief Justice, in which it was expressly settled, that money paid on account of a bond, should first be applied to discharge the interest due at the time of the payment, and the residue, if any, credited towards satisfaction of the principal. By this rule, the Gentlemen of the Bar had uniformly governed their calculations before the Revolution.
Lewis, for the Plaintiff, insifted that the practice was the same at the present day, and appealed to the Attornies in Court, who confirmed his assertion.[♦]
ONIEL verſus CHEW.
F
OREIGN Attachment.—The Defendant's interest being attached in a Shallop, Levy, after filing a positive affidavit of the debt, moved, at the first term, that the Shallop might be fold, as a perishable commodity: And the motion was accordingly granted.
ELLIOT verſus ELLIOT.
T
HERE was an agreement filed in this action to refer the matter in dispute to one Levis ; but in the official rule, by mistake of the Clerk, the named inserted was Lewis.
After report, Sergeant moved to amend the rule by the agreement filed: and leave was according given.
WEAVER verſus LAWRENCE.
T
had been a levy upon lands by virtue of a Fi.ƒa issued in this case, returnable to the present term; and now, on Levy's motion, the inquisition, which had been held upon the value of the lands, was qualified.
It then became a question, whether a new Fi.ƒa must be issued; or whether the Sheriff might proceed, after the return of the former writ, to take a new inquisition without further process?
SHIPPEN,Preſident.– I cannot perceive any thing in the act of Assembly which precludes the Sheriff from holding an inquest after the return of Fi.ƒa ; and I have always understood it to be the
♦ See ant. 124
