5. Where a statute directs a fine and imprisonment to be imposed for an offence, the court are bound to inflict both, if the party is found guilty. The United States vs. Vickery, 427 6. The title and preamble of an act of assembly are never resorted to in expounding it, to ascertain the meaning of the legislature, where the words in the enacting clause are explicit Davidson vs. Cloy. land, garnishee of Blake, 546 7. An appeal reinstated in the court of appeals in virtue of an act of assembly for that purpose. Garretson vs Cole, 391 8. The act of assembly respecting the probate of accounts must be con strued strictly. Dyson vs. West's Er'x. 567 9. Where an act of assembly delegates a special authority to a corporate body to assemble and assume a style, &c. if they make a declaration that they had done so, and they had held and possessed lands under the style assumed by them, it is sufficient to induce the jury to presume that all the requisites of the act had been complied with. The Corporation &c. vs. Hammond, 588 the payment of B's debt, he thereby makes the attorney his agent, and B has no control over him in the collection of such debts. Forbes vs. Perrie's Adm'r. 111 2. An agent of a corporate body contracting for the use of the corporation, is not personally liable, although the contract be under his seal, and not signed by him as agent, and although it was covenanted that the money was to be paid by him. M.Donough vs. Templeman, 156 3. If an agert contracts under seal, can an action of covenant be supported on the contract in the name of the principal? Ib. 4. Where A claiming a quantity of land, contracts with B, that if he obtains a grant therefor he shall be entitled to one half, and agrees that he may sell, &c. The grant being obtained, B contracts for himself, and as attorney for A with C, for the sale of a part of the land, and an action of assumpsit is brought in the name of B against C for the whole purchase money-Held, that it was not necessary to join A in the action Harper vs. Hampton, 623 5. Held That counter security (to be given by a principal to his agent,) was to precede the payment over of notes received by the agent, and that the principal could not recover unless such security was given, or unless proved that the agent converted the notes to his own use; and on that case he was accountable for the value of the notes at the time of the conversion, Ib. 673 6. Where the onus probandi lies on a principal to prove the conversion of notes received for him by his agent, the jury will not be directed to presume the agent had disposed of them, &c. But such notes are to remain in his hands as a deposit until an engagement to him by his principal ceased, unless counter security was given, &c Ib. 676 7. Where notes received by an agent for his principal, and remaining in the hands of the agent as a deposit, became of no value, it is the loss of the principal, 1b +85 8. If the agent had sold the notes for less than their nominal value, and they had now risen in value, the princ pal could recover the present value, lb. 685 9. But if the notes are now of no value, then the principal might elect to affirm any sale made by his agent, and recover the price for which they were sold, Ib. 685 10. In the event of the principal selecting, it is incumbent on him to prove an actual sale of the notes and the price, &c. Harper vs. Hampton, 685 11. Where an agent had entered into stipulations for his principal, for which he was to be countersecured, and the persons to whom the stipulations were made have never se up any claim, &c. the agent may nevertheless avail himself of a nonfulfillment by his principal in giving the counter security. 16.712 12. Where notice is necessary to be given to a principal by his agent of his having entered into stipulations, &c. Where the jury are to decide whether the notice had been given, and where they may presume it had been given, Ib. 684, 713 13 Where notice is not necessary to be given by an agent to his principal, &c. Ib 716 14. Where an invalid deed, execu ed by a principal, and delivered to his agent, under which he effects a sale of his principal's land, and enters into a covenant to convey and assure the land to the purchaser, the agent is responsible to the purchaser under such covenant, 16.687 15. Quere. Whether the leases entered into by the agents of the proprietary were sufficient to transfer his interest in the lands leased? 16 712 16. The tender of a bond of indemnity by a principal to his agent, after action brought, is insufficient where indemnity is necessary to the principal's recovery, Ib. 719 See Contract 11, 12, 13, 14, 15, 16, 17, Fraud 3. Trover 5. 3. Will a court of equity aid a defec tive conveyance, or enforce an agreement to convey land where there is no valid consideration? ib. 4. Wilia court of equity enforce a voluntary covenant to convey land? It See Account in Bar 2. Contract. Court of Chancery 13, 14, 15, 43, 44. Parent and Child 1. ALLEGATA AND PROBATA. 1. Can the court of chancery decree upon an agreement appearing on the proot taken in the cause, upon which agreement the complainant does not claim reliet, nor set it forth in his bill? Beall vs Prather, 210 2. Where the plaintiff brings an ac tion of ejectment for an entire tract of land, and shows title to an undivided moiety of a part only, he Cretzer's Lessee 463 (note) cannot recover. Ejectment 115. APPEAL. 1. If an appeal be dismissed by the appellant, a second appeal, though bond be filed, &c will not operate as a supersedeas, where the first appeal was a supersedeas. Wheteroft's Adm'r vs. Dorsey's Ex'rs 482 2. An appeal is not a supersedeas where the appeal bond is not given in double the amount of the debt and costs recovered, or where the condition of such bond is that if the appellant shall not prosecute such appeal with effect, the bond shall not be void. Johnson vs. Goldsborough, 499 See Court of Appeals Nul Tiel Record Writ of Error 1, 2, 5. APPEAL BOND. See Bail 3. Interest 6. Master and Slave 3, 4. APPLICATION OF PAYMENTS. 98 3. If a debtor is indebted on mortgage and simple contract, or on bond and simple contract, and when he makes a payment should neglect to apply it, the law will make application of it in the way most beneficial to the debtor; that is to the mortgage or bond, Ib. 4. In some cases the fund out of which the money arose will direct the application-as where A is indebted on bond and on judgment, and sells his land, and the purcha ser pays a sum of money to the creditor without application, the law will apply it to the judgment in exoneration of the land, Ib. 5. Where a judgment is entered for a sum of money, on a part of which only, interest is to be paid, if the defendant pays a sum of money more than the amount of the interest then due, and neglects to make application of the part which over paid the interest, the right to make the application devolves on the plaintiff, Ib. 6. Money paid by a debtor must be first applied to extinguish the interest, and the surplus, if any, to consume so much of the principal, and the debtor has no election to make a different application, Ib. 7. A statement of the legal mode of adjusting the payments made on a judgment, where a part only of the sum of money recovered, carries interest, APPOINTMENT. See Devise 4. APPRAISEMENT. Ibe 142 claim from the owners. Gray et. al. vs. Swan et al. 9. The indorsor of a foreign bill of exchange was held not to be e sponsible to the indorsee, owing to his taches in not giving reasonable notice of its being protested for non acceptance, and not having presented it for payment, and protested it for nonpayment at the time required by law, and because the drawee, being the holder, could not legally protest it. Philips et. al. vs. Mi-Curdy, 10. Notice of non acceptance of a loreign bill of exchange, must be given to the indorsor in due and convenient time, of which the court are to judge, 17 Ib. 11. If the indorsor of a bill of ex change has not had such notice, he is under no obligation to pay it, and his promise to do so is not binding on him, Ib. 12. A sheriff cannot maintain an action of assumpsit for officers fees placed in his hands for collec tion, unless he has paid the amount to the officer to whom they were due. Goldsmith's Adm'r, vs. Pattison's Ex'r. 205 |