No. 6. DEPARTMENT OF AGRICULTURE. 87 



tiou of jL'Ilow butter, aud thereupon suggesting to this hoiiorabh^ 

 court, tliat the said bills had beeu ignored by the said CJrand In- 

 quest without giving proper consideration to the testimony sub- 

 mitted to aud heard by the said Grand Inquest, and therefore respect- 

 fully requesting this honorable court to return the said indictments 

 to said Grand Inquest or to st)me subsequent Grand Inquest, in and 

 for the county of Allegheny, with proper instructions to each inquest, 

 as to its duty in the consideration of testimony offered to support the 



said indictments. That afterwards, to- wit, on the day of , 



J 901, this honorable court declined to submit tlie said indictment, or 

 any of them to the Grand Inquest aforesaid. 



Your petitioner now respectfully represents, that the prosecutions, 

 under which the said indictments were presented, were commenced 

 in good faith for the purpose, and under the circumstances herein- 

 before fully set forth. That your petitioner had in view at the time he 

 directed the commencement of said prosecution, no other purpose 

 than that of enforcing the law, in accordance with his ollticial duty. 



That by reason of the action of the Grand Inquest aforesaid, a 

 large amount of costs, aggregating more than five thousand dollars 

 (|5,000) is about to be demanded from the said James Terry, wb^ 

 began the prosecutions, with the instructions and under the circum- 

 stances hereinbefore set forth. 



Your petitioner further respectfully represents, that in his opinion, 

 it would be unjust to permit the finding of the said grand jury, with 

 respect to the payment of costs, to be enforced against the said James 

 Terry, or against any person in any way connected with the com- 

 mencement of the said prosecutions. 



Your petitioner further respectfully represents, that he is now, as 

 he always has been, desirous of enforcing the various laws, with the 

 execution of which your petitioner is Officially charged by virtue of his 

 office. 



That to permit the said finding of the said Grand Inquest, as to the 

 costs to be enforced against the said James Terry, would, as already 

 stated, be, in the opinion of your petitioner, unjust, because he had 

 acted in good faith and in an official capacity, and as your petitioner 

 is advised, is entitled under the law and the practice of the courts of 

 Pennsylvania to be relieved from tlie payment of costs. 



Your petitioner, therefore, respectfully requests this honorable 

 court to make an order, setting aside the finding of the said Grand 

 Inquest, as to the paj'ment of costs in the several prosecui ions, com- 

 menced as aforesaid, and further respectfully asks permission to 

 renew the application originally made by said James Terry, as prose- 

 cutor, for the re-submission of the aforesaid bills of indictment to the 

 Grand Inquest of the county of Allegheny, with proper instructions 



