JAILER.

See COVENANT, 3.

JOINDER.

See ASSUMPSIT, 2.

JUSTICE OF PEACE.

1. Where a statute gives a justice jurisdiction over an offence, it impliedly gives him power to apprehend any person charged with such offence: Held, therefore, that a magistrate might issue a warrant to apprehend a person charged with an offence under the malicious trespass act, 1 G. 4, c. 56, especially after the offender had neglected a summons. Bane v. Methuen and Others. 63 2. If a warrant of commitment does not show an offence over which the magistrate who issued it has jurisdiction, an action lies against him for the commitment, although there might have been a previous regular conviction. A direction to the jury, partially incorrect, is not a ground for a new trial, where the verdict is consistent with the justice of the case. Wickes v. Clutterbuck. 483

LANDLORD AND TENANT.

1. Plea to an avowry of distress for rent ar rear, "that before the lessor (who claimed title under a pretended agreement between him and one T. R.) had any thing in the premises, and before the demise by the lessor to the lessee, T. R. mortgaged them in fee to J. C.; that the mortgage being forfeited, notice of the forfeiture being given to the lessee, and the lessee having been required to attorn, and having attorned to the mortgagee, he distrained for the rent, when the lessee paid him, to save the goods from being sold:" Held ill. Alchorne v. Gomme. 54 2. In 1796, H. demised to S. for sixty-eight years, premises which in 1793 had been mortgaged to F. S. assigned to N., who underlet to D. In 1818. H. conveyed the premises in fee to R. N., who was also agent of H., paid the interest on the mortgage to F. from 1816 to 1820, to the amount of the rent reserved R. distrained for rent in 1820: Held, that D., who replevied at the instigation of N., might, under the plea of riens in arier, avail himself of these pay. ments. Dyer v. Bowley.

94

3. Payment of rent by a lessee to a lessor after the lessor's title has expired, and after the lessee has notice of an adverse claim, does not amount to an acknowledgment of title in the lessor, or to a virtual attornment, unless at the time of payment the lessee knows the precise nature of the adverse claim, or the manner in which the lessor's title has expired. Fenner v. Duplock and Another.

10

MEMORANDA.

1, 164, 165.

PARTNERSHIP.

Plaintiff and defendant had been engaged in running a coach from B. to L. Plaintiff finding horses for one part of the road, defendant for another; and the profits of each party were calculated according to the number of miles covered by his own horses. The plaintiff received the fares, and rendered an account thereof to the defendant every week:

Held, that plaintiff and defendant were partners in this concern, and that in an action by the plaintiff against the defendant upon a separate transaction, the defendant could not set off a balance which had been declared in his favour upon these weekly accounts. Fromont v. Coupland.

PAYMENT.

170

In the condition of a bond it was recited, that plaintiffs were shareholders in the Spring Water Company, that 30 per cent. had been paid by instalments upon the shares,-that plaintiffs had agreed to pay up the remaining instalments forthwith,-that M., W., and H. had agreed to purchase these shares, and that the price was to be secured by the joint bond of M. and the defendant: the condition of the bond was, that M. and the defendants should pay the plaintiffs the amount of the shares, together with the interest thereon from the time of the advance or payment thereof by the plaintiffs.

The plaintiffs being also shareholders and treasurers of the Stone Pipe Company, which company was indebted to them 12.000Z., prevailed on the Spring Water Company to purchase the pipes of the Stone Pipe Company; and to effect payment for the pipes, the plaintiffs, without any calls having been made, entered up in their books as paid, the remaining 70 per cent. due on the Spring Water Company's shares, and having made this entry, paid the Stone Pipe Company; deducting, and transferring to their own account, enough to discharge the debts due from the Stone Pipe Company to themselves.

In an action brought against the defendant for the sum claimed in respect of the sale of the shares of the Spring Water Company, the jury having found for the plaintiffs, the court refused to grant a new trial, holding, that the plaintiffs had advanced or paid the money for the shares, within the terms of the condition of the bond. Everett and Others v. Eyre. 166

PILOT ACT.

Under the provisions of 52 G. 3. c. 39, the master of a vessel, who discharged a cinque port pilot in Standgate Creek, and dropped a mile down the port of Rochester with a signal flying for a Trinity-house pilot, who came on board at Sheerness, was holden liable to a penalty. Thornton v. Bolland.

219

PLEADING.

See LANDLORD and Tenant, 2.

1. In trespass, the plaintiff newly assigned that his close, the locus in quo, abutted on certain closes called B., M., and S., some or one of them defendant pleaded, that the close newly assigned was his; and issue was joined.

The plaintiff proved at the trial that he had a close abutting on M.; the defendant, that he had a close abutting on B. and S.

The jury found a verdict for the plaintiff on the new assignment.

The court refused to disturb the verdict, to enter a discharge of the jury, or to arrest the judgment,-which was moved for on the ground that the pleadings were not sufficiently certain, and that the defendant had established his own issue. Lethbridge v. Winter.

49

2. Avowries, first by W. and T. for rent due to W. and T. from plaintiff, as tenant to W. and T.; secondly, as tenant of the premises; and, thirdly, by W. and T. and his wife, in right of his wife, for rent due to W. and T. and his wife, in right of his wife from the plaintiff, as tenant to W. and T. and his wife, in right of his wife; were holden to be supported by evidence of an attornment from plaintiff to W. and T. and his wife. Gravenor v. Woodhouse and Others.

71

3. The defendant, who had contracted for jew. ellery, was to return it in a twelvemonth, and if he omitted to do so, to pay for it a certain price, with interest.

The plaintiff sued for the amount, the jewellery having been retained; but the only counts in the declaration applicable to his case were a count for goods sold and delivered, and a count for interest on money due and forborne.

The jury having found a verdict for the sum demanded, with interest, the court refused to set aside the verdict, or to reduce the damages. Harrison v. Allen and Others. 4 4. Plea to declaration in trespass, that they under whom defendant claimed, enjoyed, under a grant to pass through a close as they had been theretofore accustomed to do, a way for themselves and their servants, and with horses, and that defendant therefore entered by himself, and his servants, and with horses:

New assignment, that the defendant had used the way for purposes other than those for which they under whom he claimed were accustomed to use it, to wit, with horses carrying bricks.

Plea to new assignment, that they under whom defendant claimed had a just right to use, and used, the way, by themselves and with horses, for all lawful purposes, and that defendant had therefore used the way with horses carrying bricks, being a lawful purpose.

Replication, that they under whom defendant claimed did not use the way with horses carrying bricks: Held, ill on demurrer. Trickey v. Yeandall.

26

6. A letter containing the terms of a contract between the plaintiff and defendant, concluded in these terms-" Of this proposition, it is desirable that I have your answer per return, as I can have a vessel to charter at the price stated, who will not wait any longer for my answer, and failing him, I fear I should not be able to get another."

Held, a mere request, and no part of the contract. Johnson and Another v. King. 270 7. Nine counts on the following words, and the colloquium in which they occurred: "Nelson's failed lately, and only paid ten shillings in the pound.'

8.

The court refused to strike out any as unnecessary. Nelson v. Griffiths.

412

Upon a sci. fa. on a judgment, the defendant having moved to plead several matters, viz. first, payment; secondly, that the judg. ment was fraudulent; thirdly, that the judg. ment was on a warrant of attorney fraudulently obtained: The court refused to allow the three pleas, and put the defendant to his election. Shaw and Others v. Lord Alvanley. 325 9. Pleas to a declaration in assumpsit,-that the plaintiff had sued in an inferior court, in which judgment had been given against him, for the same cause of action; (not stating that the consideration arose within the jurisdiction of the inferior court ;)

Replication, that plaintiff and defendant both resided out of the jurisdiction, and that the cause of action arose out of the irisdiction: Held sufficient on demurrer. Briscoe v. Stephens.

213

10. The defendant purchased an estate charged with an annuity to M. S., and, as part of the bargain, covenanted to pay the annuity, and to indemnify the vendor against any charge in respect of it.

Breach, in a declaration on this covenant, non-payment of the annuity;-without adding that the vendor had been thereby damnified: Held, sufficient on demurrer. Saward v. Ansty.

519

11. Trespass for false imprisonment. Plea, that a horse of A's having been taken out of A's close without his consent, and having been found in plaintiff's stable, and A. having grounds to believe, and believing that the horse had been stolen by plaintiff, gave charge of the plaintiff to a constable, and requested him to take the plaintiff into custody, to be examined by a justice touching the offence; whereupon the constable, and A., in his aid and by his command, laid their hands on the plaintiff, who resisted, and assaulted the constable and A., whereupon they defended themselves, and took the plaintiff and conducted him to a police of fice: Held, ill. Hedges v. Chapman and Cousins.

522

12. Where defendant, and L. D. (who was tenant for life of an estate, with remainders over in tail to the first and other sons of L. D. and of defendant,) conveyed an estate in fee, and covenanted that the first son of L. D. who should come of age, or such other person as should become competent to complete a title to the premises, should, upon the request of the purchaser or his heirs, by recovery, fine, or other assurance as counsel should advise. effectually convey the premises to plaintiff; the purchaser

having died, and his heir having requested defendant to cause his eldest son, then of age, to suffer a recovery, and the defendant having refused, and these facts being alleged in the declaration :

Held, that it was not necessary, in a declaration on this covenant by the heir of the purchaser, to allege that the defendant had notice of such heir having become entitled to the property; nor that counsel had advised a recovery to be suffered; nor that plaintiff had offered to make a tenant to the præcipe. Blicke v. Dymoke. 105

POWER.

1. Devise to S. G. for life, remainder to N. G.. son of S. G., and his heirs; but if N. G. should die in the lifetime of S. G. without issue, and there be no other issue of S. G., then to the use of such persons as S. G. should appoint. S. G. and N. G. appointed and conveyed in fee to F.: Held, a valid conveyance. Dalby and Others v. Pullen and Others.

144

2. A devisor being seized of a moiety of certain lands in Surrey, having by her own creation a power of appointment over the other moiety, which she had purchased of her nephew, who succeeded her sister in the possession of it, and having no other real estate, devised all her freehold estate in Surrey to J. R., on condition that out of the rents and profits he should keep the whole in tenantable repair, and under limitations framed to keep the property as long in her family as possible:

Held, that this devise was, under the circamstances, a sufficient execution of the power, and that both moieties passed to J. R. Doe dem. Nowell v. Roake and Others. 497

PRACTICE.

1. An averment that Y. and R. became bail at the request of the sheriff, is satisfied by evidence that they became bail at the request cf the sheriff's officer.

271

The sheriff may put in bail before the return of the writ. Evans v. Swete. 2. Warrant of attorney. Entering up judg ment against a defendant out of the county. Pemberton v. Browning. 204

3. Semble, that under 43 G. 3, c. 46, expenses of execution include expenses of levying. There is no statute of 29 Eliz. Rumsey v. Tufnell. 255 4. Where the rule to bring in the body, served on the 5th of July, expired on the second day of Michaelmas term: Held, that the sheriff was not discharged by the plaintiff's having, on the 7th of July preceding, and previously to the justification of bail, consented to an order to stay proceedings on payment of debt and costs within a month. Dissentientibus Park and Burroughs, Js. The King v. The late Sheriff of Middlesex. b. In a country cause in C. B., the plaintiff is not bound to proceed to trial at the next assizes after the term in which issue is joined. Prentice v. Blott. 360 6. Where a sheriff had taken a bail-bond executed by only one security, the court refused to set aside, even on payment of costs, an attachment which had issued against him for not bringing in the body.

366

A

RENT CHARGE.

rent charge is within the meaning of the 11 G. 2, c. 19, s. 23; upon a replevin, therefore, of a distress for such a rent, the sheriff may take and assign a bond as in a replevin for any other kind of rent:

Held, that a bond so taken by the sheriff, and conditioned for appearance at the next county court; prosecuting the plaint with effect; making a return if adjudged; and indemnifying the sheriff from all charges and damages by reason of the replevin, was authorized by the above statute. Short v. Hubbard and Others.

REPLEVIN.

350

Defendants in replevin, who avowed generally

under 11 G. 2, c. 19, for rent due on a demise, under which the plaintiff held as their tenant, were held entitled to double costs upon a judgment in their favour, notwithstanding they pleaded many other avowries in various rights, from which circumstance it was suggested that they did not distrain as landlords, but with a view merely to try a title.

Expenses of successful searches for pedigree are allowed for by the prothonotary in taxing costs. Johnson v. Lawson and Another.

REPLEVIN BOND.
See RENT CHARGE.
REVOCATION.

See AUTHORITY, 1. WILL, 1.

RIGHT OF WAY.

See PLEADING, 4.

341