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cuting thereof to go or travel from his usual
place of abode. 6. And the said 6. And the said covenantor doth hereby, (covenantor) cove- for himself, his heirs, executors, and admininants with the said strators, covenant, promise, and agree with (covenantee) that he and to the said covenantee, his heirs and will produce the assigns, that the said covenantor and his heirs title deeds enume- shall and will, unless prevented by fire or rated hereunder, and other inevitable accident, from time to time allow copies to be and at all times hereafter, at the request, costs, made of them, at the and charges of the said covenantee, his heirs expense of the said or assigns, or his or their attorney, solicitor, (covenantee). agent, or counsel, at any trial or hearing in
any action or suit at law, or in equity, or other judicature, or otherwise, as occasion shall require, produce all and every or any deed, instrument, or writing hereunder written, for the manifestation, defence, and support of the estate, title, and possession of the said covenantee, his heirs or assigns, in or to the said lands and premises hereby conveyed, or intended so to be, and, at the like request, costs, and charges, shall and will make and deliver, or cause to be made and delivered, true and attested or other copies or abstracts of the same deeds, instruments, and writings respectively, or any of them, and shall and will permit and suffer such copies and abstracts to be examined and compared with the said original deeds by the said covenantee, his heirs and assigus, or such person as he or they shall for that purpose direct and ap
point. 7. And the said 7. And the said covenantor, for himself, (covenantor) cove- his heirs, executors, and administrators, doth nants with the said hereby covenant, promise, and agree with and (covenantee) that he to the said covenantee, his heirs and assigns, has done no act to that he hath not at any time heretofore made, incumber the said done, committed, executed, or wilfully or lands.
knowingly suffered, any act, deed, matter, or thing whatsoever whereby or by means whereof the said lands and premises hereby conveyed, or intended so to be, or any part or parcel thereof, are, is, or shall or may be in anywise impeached, charged, affected, or incumbered in title, estate, or otherwise howso
ever. 8. And the said 8. And the said releasor had remised, re(releasor) releases to leased, and for ever quitted claim, and by the said (releasee) these presents doth remise, release, and for all his claims upon ever quit claim, unto the said releasee, his the said lands. heirs and assigns, all and all manner of right,
title, interest, claim, and demand whatsoever,
both at law and in equity, into and out of the
No. 17.-9 & 10 Vic. ch. 62. An Act to Abolish Deodands. No. 17. (18th Aug. 1846.)
Act 9 & 10 V.
c. 62. W HEREAS the law respecting the forfeiture of chattels which
V have moved to or caused the death of man, and respecting deodands, is unreasonable and inconvenient; Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from Deodands and and after the First day of September, One thousand eight hundred forfeiture of
chattels moving and forty-six, there shall be no forfeiture of any chattel for or in respect of the same having moved to or caused the death of man; death abolished and no coroner's jury sworn to inquire, upon the sight of any dead from and after body, how the deceased came by his death, shall find any for- 1st Sept., 1846. feiture of any chattel which may have moved to or caused the death of the deceased, or any deodand whatsoever; and it shall not be necessary in any indictment or inquisition for homicide to allege the value of the instrument which caused the death of the deceased, or to allege that the same was of no value.
to or ca
No. 18.-9 & 10 Vic.ch. 93. An Act for Compensating the Families No. 18. of Persons Killed by Accidents. (26th Aug. 1846.) Act 9 & 10V.
c. 93. W HEREAS no action at law is now maintainable against a
W person who by his wrongful act, neglect, or default, may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him; Be it therefore An action to be enacted by the Queen's most Excellent Majesty, by and with the maintainable advice and consent of the Lords Spiritual and Temporal, and Com- og
person causing mons, in this present Parliament assembled, and by the authority death through
No. 18. of the same, That whensoover the death of a person shall be cansal Act 9 & 10V. by wrongful act, neglect, or default, and the act, neglect, or default c. 93. is such as would (if death had not ensued) have entitled the party
- injured to maintain an action and recover damages in respect neglect, &c., notwithstanding thereor, men in
ding thereof, then and in every such case the person who would have the death of the been liable if death had not ensued, shall be liable to an action person injured. for damages, notwithstanding the death of the person injured, and
although the death shall have been caused under such circumstances
as amount in law to felony. Action to be for II. And be it enacted, That every such action shall be for the
benefit of the wife, husband, parent, and child of the person whise certain rela
death shall have been so caused, and shall be brought by and in tions, and shall 4 be brought liv the name of the executor or administrator of the person deceased : and in the name and in every such action the jury may give such damages as they of executor or may think proportionell to the injury resulting from such death to administrator
the parties respectively for whom and for whose benefit such action of the deceased.
shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their
verdict shall find and direct. Only one action III. Provided always, and be it enacted, That not more than one shall lie, and to
action shall lie for and in respect of the same subject matter of be commenced within twelve
complaint; and that every such action shall be commenced within months.
twelve calendar months after the death of such deceased person. Plaintiff to IV. And be it enacted, That in every such action the plaintiff deliver a full
on the record shall be required, together with the declaration, to particular of
deliver to the defendant or his attorney a full particular of the the person for whom such
person or persons for whom and on whose behalf such action shall damages shall be brought, and of the nature of the claim in respect of which be claimed. damages shall be sought to be recovered. Construction
V. And be it enacted, That the following words and expressions of Act.
are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter: that is to say, words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender ; and the word “ person” shall apply to bodies politic and corporate ; and the word “ parent” shall include father and mother, and grandfather and grandmother, and stepfather and stepmother; and the word “child ” shall include son and daughter,
and grandson and granddaughter, and stepson and stepdaughter. Act to take VI. And be it enacted, That this Act shall come into operation effect after from and immediately after the passing thereof, and that nothing passing, and
therein contained shall apply to that part of the United Kingdom not to apply to Scotland.
called Scotland. Act may be VII. And be it enacted, That this Act may be amended or ainended, &c. repealed by any Act to be passed in this session of Parliament.
Alien, right to jury de medietate lingua, 181.
with certain conditions and penalties, 401,
tion of Court, 87, 158.
Court, when objections rest upon forms
Inadvertent mistake in writ may be amended
without costs, 124.
ment of costs, 124.
fore trial, 128.
_ Plaintiff, plea in abatement for, may be
- Proceedings in, 128.
- Verdict after amendment of Record shall be of
Appeal from Court of Chancery, Right of, to Privy
Council of Great Britain, 80.
- Summary convictions, how and to whom
Appearance, default of, by Defendant, judgment in
– to writ may be entered any time before judg.
Arbitration once agreed to, submission not revocable
at will, 91.
tion, 92, 119.
Arrest on Capias, how discharged, 100.
before and after election, 42.
| Assanlt (and Battery), summary convictions for,
Assembly, members of, qualification for, 42. Common Law of England extended to Taris ad
Caicos Islands, 16.
Compensation to families for members killed by a
Action must be commenced within a gre
- not more than one in respect of size
Concealment of birth, how punishable, 197.
formation imputing actual commission, 246, - Local, 365.
- Special, 365.
Law relating to, 268-273.
unless plea of character be set up, 5-3.
may be stated, after con viction for at
sequent felony, 593.
affects punishment, 242.
- how to be inquired into, 253.
Summary, appeal from, how regulated, 289-
Coroner, duties of, 238, 259-262.
| Council, Orders in, of 11th August, 1813, denan
limits of colony, 5-11.
Legislative, modes of election of elective
Re-appointment of electire members of, 55.
Disorderly conduct in, how punishable, 37.
Counterfeit Coin, penalty for passing, 253.
- Bail, 236.
Creditor, decree of Chancery awarding payment to
places on footing of Judgment Crediitor, 147,
Criminal procedure in Superior Court, code of, 23
Currency, Sterling money declared money of a
Peseta, declaration of reduced value of, 533.
Relative proportions of Bahama coios, sta.
Cutting and wounding, penalty for, 252.
structions from Governor of Jamaica, 108.
How affects suit, 140, 141.
When not to be inflicted on felons, 241.
of President how provided for, 14.
Promise to pay is invalid if contracted dur-
ing minority, 83.
ant within ten days after appearance, 101.
one year after service of summons, 131.
be either general or separate, 134.