cafe now in judgment is a cafe where an indorfer has accepted a part of the bill from his indorfee, which in reafon and juftice, and according to the conftant courfe of bufinefs, and upon the authority of the cafe of Johnfon v. Kenyon, will not prevent the ST. QUINTIN whole bill from being recovered against the drawer.
The verdict is therefore to be entered for the Plaintiff, who as he is certainly not connected with the firft indorfer, will of course be content with the balance due to him.
Englife v. Darley, 2 Vol. p. 61.
Mr. Justice BULLER was abfent the whole of this Term from indifpofition.
DOE ex dem. GERTRUDE, Baronefs DACRE, v. MARY
JANE ROPER Dowager Lady Dacre.
The Judgment of the Court in this cafe (ante 250.) was affirmed by the Court of King's Bench. (See 8 Term Rep. 112.)
The Judgment of the Court in this cafe (ante 522.) was reverfed by the Court of King's Bench. (See 7 Term Rep. 676.)
GOODTITLE on the feveral demifes of HOLFORD,
JERVOISE, and CAVE, Bart. v. OTWAY.
The Judgment of the Court in this cafe (ante 576.) was affirmed by the Court of King's Bench. (See 7 Term Rep. 399.)
4. And a fupplemental affidavit was re-
fufed.
5. Bailable procefs was fued out previous
to the paffing of 37 Geo.3. c.45. which
regulates the form of the affidavit to
hold to bail; this procefs was renewed
four feveral times without any new affi-
davit, and the fourth renewal on which
the Defendant was arrefted, was fub-
fequent to the pafling of the above act;
and held no objection to fuch procefs
that it was founded on an affidavit not
complying with the 37 Geo. 3. c. 45.
Crooks, One, &c. v. Holditch, M.
38 Geo.3.
6. If an affidavit to hold to bail be inti-
tled it is bad. Green v. Redshaw, E.
38 Geo. 3.
7. An affidavit to hold to bail, ftating
that J.S. has made no tender to pay in
notes of the bank of England, ex-
cludes the poffibility of any other per-
fon having tendered for him, and fuf-
ficiently complies with 37 Geo. 3. c.45.
9. Wyatt and Others v. Smee, M.
39 Geo 3.
344
8. An affidavit to hold to bail, ftating the
Defendant to be indebted "for da-
mages awarded, and for cofts and ex-
pences taxed and allowed," is fuffi-
ciently certain, for it will be inferred
that the award and taxation were fuch
as will fupport the action. Jenkins
v. Law, H. 39 Geo.3.
365
See INSURANCE, No. 6. 8.
NUISANCE, No.1.
See FRAUDS, Statute of, No.3.
PLEADING, No. 18.
ALIEN, ENEMY,
See PRACTICE, No. 21.
1. A native of a foreign ftate in amity
with this country taken in an act of
hoftility on board an enemy's fleet,
and brought to England as a prifoner
of war, is not difabled from fuing
while in confinement on a contrac
entered into as a prifoner of war.
Sparenburghv.Bannatyne, M. 38Geo.3.
Page 163
AMENDMENT,
BAIL PRICE, NO.1.
COMMON RECOVERY, No.3.
EVIDENCE, No. 1.
VERDICT, No. 1.
1. Though there be not fifteen days be-
tween the tefte and return of a capias.
yet it is amendable. Davis, One, &c.
Affignee of the Sheriff, v. Owen and
Another, M. 39 G.3.
342
2. One obligee in a joint-bond having
fued out a capias against the obligor,
and taken a recognizance of bail in
his own name only, afterwards fued
out an original in the name of both
obligors, and then applied to the Court
to amend both the capias and recog-
nizance; the Court granted the for-
mer but refused the latter. Tabrum
v. Tenant, E. 36 Geo. 3.
AMERICA,
See SUBJECT, No.1, 2.
TRADE, NO. 1, 2.
1. If an annuity deed contain a provito
that the grantor fhall repurchase, the
memorial of fuch deed must state the
provifo and the terms and conditions
of redemption: if it only refer to the
deed, and ftate the annuity to be re-
deemable "on fuch notice, terms, and
conditions as are therein expreffed," it
does not fufficiently comply with the
17 Geo.
17 Geo. 3. c. 26. f. 1. ex parte Anfell
and Another, T. 37 Geo. 3. Page 62
2. If any part of the confideration of an
annuity be paid in country bank notes,
the dates and times of payment must
be fet out in the memorial under
17 Geo. 3. c. 26.
Morris v. Wall,
H. 38 Geo. 3.
3. An annuity memorial, stating that the
confideration money was paid to A. B.
and C. "fome or one of them," is bad:
though it appear that the money was
paid on the day on which the deed was
executed by them all. Vaux v. An-
fell, E. 38 Geo. 3.
224
4. If feveral perfons who have purchased
annuities of A. agree to give up those
annuities on receiving a certain fum of
money, and a bond payable at a future
day, they retaining their annuity fe-
curities till the bond becomes payable,
the Court cannot under
17
Geo. 3.
c. 26. order any of the fecurities fo re-
tained to be delivered up though they
may be void. Sir Harry Goring, Bart.
v. Welles, Clerk, E. 39 Geo. 3.
5. At least not unless the creditors at-
tempt to fet them up again as annuity
fecurities on non-payment of the ftipu-
lated fum, or the bond proving bad. ib.
6. Semb. That after payment of the
money and delivery of the bond to the
creditors, their debt is fatisfied, whe-
ther the bond prove good or bad.
7. If a bond and warrant of attorney
given to fecure an annuity, be no other-
wife noticed in the memorial than by
way of recital in the annuity_deed
which is fet out, it is not a fufficient
compliance with 17 Geo. 3. c. 26. Van
Braam v. Ifaacs, T. 39 Geo. 3.
451
8. Nor can the Court refufe to interfere
on the ground of eighteen years having
elapfed fince the grant, and the grantee
being dead.
ib.
9. The Court cannot order an annuity
bond to be delivered up to be cancelled
for want of a memorial, purfuant to
17 Geo. 3. c.26. though it be void by
the firft fection of that act. Symonds
et Ux. v. Cobourne, E. 36 G. 3. 482
10. Qu, Whether in fuch a cafe they
would ftay proceedings on the bond? ib.
APPEARANCE,
See BAIL.
PRACTICE, No. 23.
APPURTENANCES,
See DEVISE, NO. 1, 2, 3.
WAY, Right of, No. 1.
ARBITRATION,
See ATTACHMENT, No. 2, 3.
COSTS, No. 1. 5.
PRACTICE, No. 5. 7.43.
2. The Court will not fet afide an award
on the ground of the witneffes not
having been examined on oath, if no
fuch objection was made at the time
of their examination. Ridoat v. Pye,
M. 38 Geo. 3.
Page 91
It is no ground for fetting afide an
award that one of the Defendant's
witneffes was re-examined by the ar-
bitrator after the evidence was clofed
on both fides, and the Plaintiff's attor-
ney gone, though by a different tefti-
mony from what he gave at first the
arbitrator's opinion were influenced.
Atkinfon v. Abraham, M. 38 Geo.3. 175
Unlefs fuch re-examination appear to
have been brought about by the
management of the Defendant's at-
torney.
ib.
There is no fraud in the affignee of a
term affigning over his intereft to whom
he pleafes, with a view to get rid of
the leafe, although fuch perfon neither
takes actual poffeffion nor receives the
leafe. Taylor v. Shum and Others, E.
37 Geo.3.
ASSUMPSIT,
See MONEY had and received,
ATTACHMENT,
See COSTS, No. 5.
EXECUTION.
PRACTICE, No. 5.
PRISONER, No. 5.
VENDITIONI EXPONAS, No. 1.
Where a rule to bring in the body
expires on the laft day in the Term,
the Plaintiff may at the rifing of the
Court on that day move for an attach-
ment for not bringing the body into
U U 4
Court,
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