
    Silas Broadwell against George Nixon.
    ON CERTIORARI.
    Charge to jury.
    NIXON sued Broadwell in trespass, for shooting and killing his hog, of the value of 100 dollars. The defendant, as one of his matters of defence, justified killing the hog, under “ An act concerning trespasses by swine,” Pat. 324, and the justice was requested to charge the jury, “ whether, under that statute, swine may lawfully be killed for entering an enclosure, without doing any actual damage.” The evidence presented that question for the consideration of the court and jury; but the justice refused to charge, except merely to read to the jury the first section of the statute; and added, ‘‘ that was the rule they had to observe.” It was assigned for error, by T. Frelinghuysen,■ for the plaintiff, that the justice had refused to charge the jury upon a question of law, fairly raised by the evidence, and upon which the rights of the parties depended.
    
      
      
        Boyle vs. Lindsley, Pen. *250. Sinnickson vs. Dungan, 3 Hal. 226. See Jessup vs. Sharp, Pen. *344. Voorheis vs. Perrine, 1 Har. 359.
      
    
   Kirkpatrick C. J. and Southard J.

One of the most important duties of the court, is to expound the law to the jury, so as to instruct and guide it. And this duty must in no way be evaded, when the case requires it. 'We think the judgment must be reversed. 
      
      
         Pullen vs. Boney, ante 128. Mills vs. Sleght, 2 South. 566. Sayres vs. Ward, Pen. *1010. Todd vs. Collins, 1 Hal. 127. Westcott vs. Garrison, 1 Hal. 132. Den, Wintermute vs. Wintermute, 1 Gr. 177. Youngs vs. Sunderland, 3 Gr. 32. Linn vs. Ross, 1 Har. 57. Boylston vs. Valentine, 1 Har. 347. Marshall vs. Hann, 2 Har. 429. Berry vs. Williams, 1 Zab. 428. Cole vs. Taylor, 2 Zab. 60. Folly vs. Vantuyl, 4 Hal. 153. Bellis vs. Phillips, 4 Dutch. 125. Allen vs. Wanamaker, 2 Vr. 370. Davison vs. Schooley, 5 Hal. 145.
      
     