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that such assessment has always been from the sea, is within the protection
made with reference to the best chattel of 24 Geo. 3: Sel]. 2. c.47. 8:15. The
of the tenant, will not support an King v. Brady and others, M.
avowry for a heriot in kind
upon 38 Geo.3.

Page 187
alienation, Parkin v. Radcliffe, E. 2. Nor need he have a warrant to seize
39 Geo.3.

the soap in tranftu, if liable to for-
9. Evidence of a custom for the lord to feiture,

26.
have the best beaft or good on the
tenant's death, will not support a justi.

EXECUTION,
fication by him for taking the best See Prisoner, No. 1, 2.
bealt. Adderly v. Hart, T. 4 Geo. 1. 1. An attachment for non-payment of

394 money is an execution. The King v.
10. To debt for an efcape, Defendant Davis, One, &c. M. 39 Geo. 3.

336
pleaded a voluntary return and safe 2. If a fi. fa. be tefie'd before Defend.
keeping since ; Plaintiff in his replica- ant's death, but delivered to the Sheriff
tion admitted the voluntary return,

and executed after, the execution is
but alleged that afterwards, and after regular. Waghorne v. Langmead, M.
notice of the efcape, the prifoner 37 Geo.3. (Vid. et. Bragner v. Lang-
escaped again : this the Defendant mead, 7 Term Rey. 20.) 571
traverted: Hud, that it was not fuffi- 3. Same point. Gill v. Parsons, 13
cient for the Plaintiff merely to prove

B.R. (Same cafe, 7 Term Rep. 21. n.)
a notice of efcape and fubfequent

572
escape, but that he must also, in or-
der to maintain the action, prove the

EXECUTOR AND ADMINIS.

TRATOR,
firft efcape alleged in his declaration.
Griffiths v. Eyles, E. Geo. 3. 418 n

See ADMINISTRATION, No.1, 2.
11. Evidence that the parishioners have

BAIL, No.5.
treated with the proprietor of tithes

Costs, No.9, 10.
for a composition is not alone fufficient 1. If an executrix use the goods of her
to eitablith his pofle fion of the tithes testator as her own, and afterwards
in an action on the 2 & 3 Ed.6. c. 13. marry, and then treat them as the
Wyburd v. Tuck, T. 39 Geo.3.

goods of her husband, she shall not be
EXCHEQUER CHAMBER,

alowed to object to their being taken
in execution for her husband's debt

.
COURT OF.

Quick et ux. v. Sir Wm. Staines, Knt.
1. The Court of Exchequer Chamber Sheriff, T. 38 Geo.3.

293
will allow intereft to a Defendant in 2. An outftanding judgment againfta
Error under 3 H.7. 6. 10. on a judg- teftator or inteftate not docketed ac-
ment of non pros, as well as on a judg. cording to the directions of the
ment of aflirmance, Sykes v. Harrison 4.& 5 Will. & Mary, C. 20. cannot be
in Error, E. 37 G80.3.

29 pleaded by an executor or admini-
2. For the future the interest allowed ftrator to an action on fimple contract

.
will be gl. per Cent. inftead of 41. Steele v. Rorke, Adminifratris

, T.
ib.

30 38 Geo. 3.
3. Where judgment for the Defendant 3. "Qu. Whether an executor can main-

on a special verdict is reversed in the tain trespass for trees cut down in the
Exchequer chamber that Court on life time of his teftator? Williams,
motion will give a final judgment for Executor, v. Breedon, Mich. 39 Geo. 3.
the Plaintiff. Denn er dem. Mellor v.
Moore in Error, E. 37 G.3. ib.

4. If the obligee in a joint and several

bond make one of two obligors his
EXCISE,

executor with others, the action on the
1. An excise officer seizing soap in the bond is discharged as to both obligors-

execution of his offsee at any distance Cheetham v. Ward, H. 37 Geo-z. 630

458

307

329

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Page 530

EXTINGUISHMENT,

FRAUD,
See EXECUTORS and ADMINISTRATORS,

See ASSIGNMENT.
No.4:
Way, Right of, No. 1.

FRAUDS, STATUTE OF.
1. On a motion for a new trial by a De-

fendant in an action against him for
F

goods delivered to the use of a third
FACTOR,

person on his undertaking to see the
See CONSIGNMENT.

Plaintiff paid, the Court will take into
Bills of Exchange, No. 3.

confideration not only the exprefsions
PARTNERS, No. 1, 2.

used, but the particular situation of the
Defendant at the time of his under.

taking, and the amount of the sum for
FEME,

which he will thereby be made liable.
See BAIL, No. 2.

Keate v. Temple, M.38 Geo. 3.
BARON and FEME.

Page 158
Power, No. 1.

2. A sale of lands, though by auction is

within the statute of frauds, and there.
FINE,

fore no action can be maintained upon

it without a memorandum in writing-
See Common Recovery, No. 4.

Walkerv. Constable, T.38 Geo. 3. 306
1. No fine which appears to have been ac- 3. If A. agree with B. to let him land
knowledged more than twelve months,

rent free, on condition that A. shall
can pass the King's filver office without have a moiety of the two succeeding
a rule of Court or Judge's order, crops, the agreement need not be in
Reg. Gen. E. 36 Geo. 3.

writing under the statute of frauds.
2. In such case, if the conufors be living, Semb. Poulter v. Kellingbeck, E.
an affidavit must be made thereof. ib. ib.

39 Geo. 3.

397
3. If dead, the affidavit must itate the
time of their death. ib.

ib.

FREIGHT.
4. And the application for a rule or order 1. A fhip bound for London, after taking

that the fine may pass the King's filver in her cargo, but before breaking
office shall be made to the Court on ground, was cut out of her port of la
motion if in Term time, if in vacation ding in Jamaica by a French privateer,
to a Judge at Chambers; and the rule but was afterwards recaptured, and
or order must be filed with the pre-

carried into another port in the same
cipe and concord at the King's silver

island, where the cargo was fold by
office. ib.

ib. order of the Court of Admiralty for

the benefit of the freighters: Held,
FOREIGN LAWS.

that the owners of the thip were not

entitled to any part of the freight.
If a Defendant be held to bail in this

Curling v. Long, H. 37 Geo-3-
country on an instrument entered in-
to in France, by which inftrument

2. Though by the usage of the trade,
his property only, and not his perfon

the Thip was loaded at the expence of
the owners. ib.

ib.
was, according to the law of France
made liable, the Court on motion will 3. For freight commences from break-
discharge him on his entering a com-

ing ground, ib.

ib.
mon appearance, Melan v. The Duke

G
de Fitzjames, M. 38 Geo. 3. 138

GUARANTY.
FOREIGNER,

2. If A. become bound to B. for the
See Costs, No.6.

hopefty of C. who embezzles money,

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634

B.may

551

B. may maintain an action on the gua- the purposes of prostitution, mit
ranty, though three years have elapsed knowledge on the part of the plaintiff
without any notice having been given of that fact, is a fufficient bar. Crisp
of the embezzlement by B. Peel v. Churchill, E. 34 Geo.3.
v. Tatlock, E. 39 Geo. 3.
Page 419

Cited page 3,40
2. At least if A. was acquainted with 5. To debt on bond, Defendant pleaded

the circumstance from any other quar- that the bond was given to secure
ter, and B. does not appear to have payment of the price of goods agreed
concealed it from him induitriously. to be fold and delivered in London by
ib.

ib. Plaintiff to Defendant, to be by the
3. A. will not be discharged from his

latter thipped for Oftend, and from
guaranty, though B. appear to have thence re-thipped for the East Indies,
given credit to C. to the amount of and there trafficked with clandestinely:
the sum embezzled. ib.

ib. held a fufficient bar to the action, the

case being within the 7 Geo. I. 6. 22-

which avoids all contracts for supply.
H

ing cargoes to foreign fhips in fach

a trade. Lighifoot v. Tenant, M.
HERIOT,

37 Geo.3.
See Custom, No. 1.
EVIDENCE, No.8, 9.

INDEBITATUS ASSUMPSIT,

See PLEADING, No. 18.
HOLLAND,
See DAIL, No.1.

INDIA,

See East INDIA COMPANY.
I

TRADE, No. 1, 2.
ILLEGAL CONTRACT,

A. captain of an East India country

trader, contracts in India with B. for
See MONEY had and received.
TREATING ACT.

a crew according to the custom of the

country; A. arrives in England with
1. If A. receive money of B. to the use the crew, and then makes a voyage

of C. it may be recovered by C. in an with them to the West Indies and back
action for money liad and received, again; whereupon part of the crew
though the confideration on which B. bring an action for wages due on the
paid it be illegal. Farmer v. Ruffel Weji India voyage: Held on motion
and Another, 1. 38 6.3.

296 for a mandamus to examine witnesses
2. Qu. Whether the case would be varied in the East Indies, that the caule of

if A. were a party to the contract be- action did not arise in the East Indies
tween B. and c. ib.
ib. within the 13th Geo. 3. C. 64.8

. 44
3. Plaintiff was employed to wath clothes Francisoov. Gilmore, M. 38 Geo. 3.

for the Defendant, who was a protti.
tute, knowing her to be such : Held,
that the use, however iminoral to which

INDICTMENT.
the clothes might be applied, could 1. In an indictment on 37 Geo.3. c. 70.
not bar Plaintiff of an action for work it is sufficient to charge an endeavour
and labour. Lloyd v. Johnson, M. to seduce a soldier from his allegiance,
39 Geo. 3.

340 and to incite him to mutiny, &c. with-
4. But to an action for the use and oc- out fpecifying the means employed.

cupation of a lodging, proof that the The King v. Fuller, M. 38 Geo. 3. 180
lodging was let to the Defendant for 2. Under a charge that A. endeavoured to

incite

incite B. being a foldier, to mutiny, 4. A note for securing the weekly allow-
knowledge of B.'s being a foldier, is ance to a priloner under the Lord's act
implied. The King v. Fuller, M. need not be liamped. Borring v. Ed-
38 Geo. 3

Page 180 gar, E. 38 Ge0,3. ( Vid. et. Tekell v.
3. And the word “ advisedly,” if used in Cafey, 7 Teri Rep. 670.) Page 270

such a cafe, is equivalent to fcienter. 5. Such a note cannot be ligned by the
ib.

ib. creditor's attorney if his client be dead.
4. It seems that if one endeavour to com- The King v. Davies, One, 8c. M.
prize two separate offences, a count in 39 Geo.3.

336
an indictment charging that endeavour, 6. It is no objection to a prisoner being
may contain those two offences. ib. ib. discharged under the Lord's act that

his creditor is dead. ib.

ib.
INFANT,

7. An attorney in cuftody on an attach-

ment for no- paying over money re-
See Bail, No. 16.
TRUSTEE, No. 1, 2.

ceived by him in the course of a fuit,
may be discharged under the Lord's
act, ib.

ib.
INQUIRY, WRIT OF.

8. The Court cannot, under the words of
1. If notice of a writ of inquiry to be 37 Gco.3. c. 8. f.2. moderate the fum

executed at a particular hour and to be paid to a prisoner on his being re-
place be continued, the notice of con- manded, but a note muft be signed for
tinuance need not express any hour the full fum directed by that act. ib. ib.
or place. Jones v. Chune, One, &c. 9. A. prisoner who is taken in execution
H. 39 Geo.3.

363 for more than 300l. and afterwards re-
2. At the execution of a writ of inquiry duces his debt below that sum, is not

after judgment on demurrer, it is not entitled to be discharged under the
competent to the Defendant to con- Lord's act in the next Term after he
trovert any thing but the amount of has fo reduced his debt, unless it be
the fum in demand. De Gaillon v. alto the next Term after he was taken
V. H. L'Aigle, H. 39 Geo.3. 368 in execution.. Ex parte Hubbard, E.

39 Geo.3

423
INSOLVENT,

10. The Court of Chancery having re-

fufed to discharge a prisoner in cuftody
See Practice, No. 6.

for not putting in an answer unless on
PRISONER.

payment of the fee, he applied to C.B.
1. A. prisoner in execution in an action

to be discharged under the insolvent
in the Tholfey Court at Bristol, having

act, 34 Gco.3. c.69. but was refused,
been removed by habeas corpus to the

his contempt not confifting in the non-
Fleet, was discharged under the Lord's payment of money. Ex parte Benja-
'act, by the Court of Common Pleas.

min Lawrence, E. 36 Geo.3. 477
Hofkins v. Morris, M. 38 Geo. 3. 92
2. If a prisoner brought up to be dif-

INSURANCE,
charged under f.16. of the Lord's act, “See East India COMPANY, No.2.
deliver in a falfe fchedule and be re- 1. Sailing orders are necessary to the per-
manded, the Court will not, at the in- formance of a warraniy to depart with
ftance of a creditor, order him to be convoy, unlefs particular circumstances
brought up a second time for the pur- exempt the iniured from the general
pofe of amending his schedule, and rule.“ Webb v. Thompson, E. 37 Geo.3.
affigning over that property which he

5
had before concealed. Hutchins v. 2. In an insurance on a thip at and from
Hesketh, M. 38 Geo.3.

143

Hull to Bilboa, warranted to depart
3. Even though the pritoner consent. ib. from England with convoy, the voy-
ib. ages from Hull to Portfinouth, where

the

X*X 3

to secure

B. may maintain an action on the gua. the purposes of prostitution, wit
ranty, though three years have elapfed knowledge on the part of the plaintiff
without any notice having been given of that fact, is a sufficient bar. Crisp
of the embezzlement by B. Peel v. Churchill, E. 34 Geo.3.
v. Tatlock, E. 39 Geo. 3. Page 419

Cited page 349
2. At leait if A. was acquainted with 5. To deht on bond, Defendant pleaded
the circumstance from any other quar-

that the bond was given
ter, and B. does not appear to have

payment of the price of goods agreed
concealed it from him induit riously. to be fold and delivered in London by
ib.

ib. Plaintiff to Defendant, to be by the
3. A. will not be discharged from his latter thipped for Oftend, and from

guaranty, though B. appear to have thence re-thipped for the East Indies,
given credit to C. to the amount of and there trafficked with clandestinely:
the fum embezzled. ib.

ib. held a fufficient bar to the action, the

case being within the 7 Geo. 1. C. 22.

which avoids all contracts for supply-
H

ing cargoes to foreign fhips in fuch
a trade.

Lightfoot v. Tenant, M.
HERIOT,
37 Gco.3.

551
See Custom, No. 1.
EVIDENCE, No.8, 9.

INDEBITATUS ASSUMPSIT,

See PLEADING, No. 18.
HOLLAND,
See Bail, Ro.i.

INDIA,

See EAST INDIA COMPANY.
I

Trade, No. 1, 2.
ILLEGAL CONTRACT,

A. captain of an East India country

trader, contracts in India with B. for
See MONEY had and received.
TREATING ACT.

a crew according to the custom of the

country; A. arrives in England with
1. If A. receive money of B. to the use the crew, and then makes a voyage

of C, it may be recovered by C. in an with them to the West Indies and back
adion for money bad and received, again; whereupon part of the crew
* though the confideration on which B. bring an action for wages due on the
paid it be illegal. Farmer v. Ruffel

West India voyage: Held on motion
and Another, T. 38 G. 3.

296

for a mandamus to examine witnesses
?. Qu. Whether the case would be varied in the East Indies, that the cause of

if A. were a party to the contract be- action did not arise in the East Indies
tween B. and c. ib.

ib. within the 13th Geo. 3. c. 64. S. 44
3. Plaintiff was employed to wash clothes Francisoov. Gilmore, M. 38 Geo. 3.
for the Defendant, who was a protti.

177
tute, knowing her to be such: Held,
that the use, however immoral to which

INDICTMENT.
the clothes might be applied, could 1. In an indictment on 37 Geo.3. c. 7o.
not bar Plaintiff of an action for work it is sufficient to charge an endearous
and labour. Lloyd v. Johnson, M. to seduce a foldier from his allegiance,
39 Geo. 3.

340 and to incite him to mutiny, &c. with.
4. But to an action for the use and oc- out fpecifying the means employed.

cupation of a lodging, proof that the The King v. Fuller, M. 38 Geo. 3. 180
lodging was let to the Defendant for

2. Under a charge that A. endeavoured to

incite

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