5. A count charging man and wife upon
a joint assumption in consideration of
money had and received by them for
the plaintiff's use, cannot be amended
under the arbitration law of 21st
March 1806. Grasser v. Eckart. 575
6. Amendment of a declaration in ac-
count render permitted, by adding to
a count which charged the defendant's
testator as bailiff and receiver of the
plaintiff, a count charging him as bai-
liff &c. of the plaintiff as surviving
partner of A., although the writ cor-
responded with the first count. Gratz
v. Phillips.
588

given until nearly two months after,
and the debtor continues in possession
of the furniture and goods the next
day after the execution of the deed,
which was Sunday, and part of Mon-
day, when they were taken in execu-
tion. The deed contains no schedule
of property, and no limitation of time
for distributing the estate. Held that it
is a valid assignment, and takes effect
from its execution, as the assent of
the trustee is presumed; delivery of
the title deeds is unnecessary, and
nondelivery of the goods is explained.
Wilt v. Franklin.

502

If an agent indebted to his principal
ships property to him on board a ves-
sel belonging to a third person, (al-
though bound to conform to the

A vessel sails from Charleston to Cadiz,
without any notice of its being in a
state of blockade, and within a short
distance of the port is brought to by
the blockading squadron, and warn-
ed not to enter on account of the
blockade. The mate and four hands
are taken out of her, and an officer
and eight men put on board, with
orders to stay by the fleet. Ten days
afterwards the captain is taken out of
her, and carried to the admiral of the
fleet, who says to him, "We have
"thought of setting you at liberty;
"and in case we do, what port will
66 you proceed for?" The captain re-
plies, "in case I receive no new in-
"structions, I shall follow my old
"ones." "That I suppose will be for
"Cadiz." "Certainly, unless I have
"new orders." This is not an attempt
to enter, and therefore no breach of
blockade. Qu. Whether any declara-
tion of an intention to enter, amounts
to an attempt. Calhoun v. The Insu-
rance Company of Pennsylvania. 293