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act of parliament action affidavit afterwards agent alleged appears assigns assumpsit authority bail bankrupt banns BAYLEY bill BLANC certiorari charge charter-party cited clause commissioners common law consul contended contract copyhold Court court of equity covenant creditors Crondall debt declaration deed defendant defendant's delivered demised demurrage devise discharged eldest entitled executor fendant fraud freight freighter granted heirs held hiring indictment Inhabi intention joinder judgment jurisdiction jury justice KINO lands lease lessee lessor liable licence lien Lord ELLENBOROUGH C. J. Lord Mansfield marriage master ment messuage Naples nonsuit objection offence opinion outward cargo paid parish party pauper payment penal statute person plaintiff plea premises question reason received refused rent replevin respect rule nisi shewed cause shewn ship South Sea Company stat statute of Eliz tenant term testator testatrix thereof tion trial verdict void voyage words
561 페이지 - the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear to have been
22 페이지 - and to take before the younger of such son and sons and the heirs male of his and their body and bodies issuing ; and for default of sucli issue, then she devised all her said manors, &c. as well freehold as copyhold, (except as before excepted) to the use of her godson Frank
40 페이지 - 3d, 4th, and all and every other son and sons of the body of the said F. Sotheron, in tail male, with an ultimate remainder to her nephew and three nieces in fee, as tenants in common. Considerable reliance was had in argument on this exception, just adverted to, of the first or eldest
315 페이지 - to this commitment, that as the statute directs the penalty to be paid, one moiety to the informer and the other moiety to the poor of the parish where the offence shall be committed, it should have been
vii 페이지 - to enter the verdict for him, if the Court should be of opinion the action was not maintainable. A rule nisi was accordingly obtained in the last term, and 2 Hawk. PC b. 2. c. 8. s. 58. and c. 16.
74 페이지 - the act is introductory of a new state of things arising out of the creditor's proving his debt under the commission, it shall be deemed an election by him, to take the benefit of such commission with respect to the debt so proved.
180 페이지 - But where, beside the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall not be chargeable for the injury done by his testator in cutting
560 페이지 - shall continue, and that all actions should be brought for any thing to be done in pursuance of the act, or in the execution of the powers and authorities before given, within six calendar months after the fact committed ; or in case of a continuation of damages, within three calendar months after the committing such damages shall have
454 페이지 - the Court shall give reasonable costs to the prosecutor, if he be the party grieved, or be a justice of the peace, mayor, bailiff, constable, &c. or any other civil officer, who shall prosecute upon the account of any fact committed or done that concerned him
179 페이지 - is a fair compensation for his services from Halifax to Shields. The question for the opinion of the Court is, whether the plaintiff is entitled to recover; if he is, the rule to be made absolute; if not, the rule to be discharged. Gaselee contended that the plaintiff was entitled to recover, inasmuch as he might waive the tort, and sue in assumpsit. And