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Practice, No.9, 10.
Ireland two days only after the passing
Page 132. n.
PARTNERS, No. 1, 2.
purchase-money, refold it to B., who
Page 83. a.
without the privity of the bankrupt,
nonfuit at Nik Prius, and before the
of bankruptcy that is was sued out
officer in levying an execution which
the Sheriff. ib.
appearance to be entered on the
before certificate obtained be not exe-
One, &c. v. Mundell, E. 39 Geo. 3. 427
Costs, No. 1.
PRISONER, No. 2, 3.
in the hands of a third person be given
Fowler v. Down, E.
taken in execution by a creditor, and
Biggs and Another, T. 37 Geo.3. 82
goods, and appear to have the order
oppose it, is always evidence of owner-
of B., and being unable to pay the
13. But if any thing be alleged to invali- BILL OF EXCEPTIONS,
to be included in the taxation of costs
there. Gardner v. Baillie, E. 37 Geo.3.
BILL OF LADING,
See CONSIGNMENT, No. 1.
BILL OF PARTICULARS,
See PARTNERS, No.1, 2.
reft, drawn by A. in favour of B. as a
security for a debt, was by him indorsed
indorsement, it pafled backwards and
forwards between B. and C. feveral
times, and previous to its being ulti-
mately deposited with C. he received
an intimation from B. not to negociate
it, as the latter would want it when he
settled accounts with A.; held that C.
could not, after a settlement of accounts
between A.and B.without a re-delivery
of the note, recover on it against A.
Roberts and Others, Algnees, &c. v.
Eden, E. 39 Geo.3.
2. For it was deposited as a pledge, and
therefore subject to the same equity as
if remaining in the hands of the original
with B. his banker, to be by him re-
ceived when due, and the latter raife
money upon the bills by pledging them
with C. another banker, and afterwards
become bankrupt; A. cannot maintain
trover against C. for the bills. Collins
v. Martin, H. 37 Geo.3.
4. Notice of non-payment of a bill by the
acceptor need not be given to the
drawer, if the latter have no effects in
the hands of the former; though the
indorfer have. Waluyn v. St. Quintin,
5. If the holder, after proteft for non-
See ATTORNEY, No.2.
CESTUY QUE TRUST,
ib. See PLEADING, No.5.
ib. See RePLEVIN, No. 1, 2.
a common, the commoner has no right
to abate them, though there be not a
Sufficiency of common left: his remedy
is by action. Kirby V. Sadgrove, in
Error, E. 37 Geo.3. Page 13
2. But if the lord fo plant as to deffroy
the common, such an act would be con.
fidered as a nuisance, and the com-
moner might abate. ib.
Hogan v. Page, M. 39 Geo.3. 337 mon recovery that the order of the
names of the vouchees in the precipe
447 3. The Court will give leave to amend a
Crofs v. Pead, M.
fuffered to pass unless the taking of the
warrants of attorney be before one of
the Justices or Barons of the Courts
at Westminster, or one of the Serjeants
at Law, unless an affidavit be filed ftat.
fame, are, to the best of the Defendant's
information and belief, either barrifters
of five years standing, or solicitors orat.
torneys offome of theCourts at Wefimis-
fter, the Judges of the Court of Seffion
and Exchequer, or advocates and
See Evidence, No. 5.
PLEADING, No. 16.
See Misnomer, No. 1, 2, 3.
PLEADING, No. 13.
PRACTICE, No.2. 12.
1. The general term costs in a rule of re-
ference to arbitration does not include
the cofts of that reference. Branley
v. Tunstow, E. 37 Geo. 3.
2. A pauper as such can never pay costs.
der a person in execution who has 3. Semble, that he may receive them for
ib. things that each party shall pay a
moiety of the costs of the arbitration,
and of making the fubmiffion a rule of
the banking-house of B. in London to the award out of the hands of the ar.
8. Nor is any rent charge. Page 213
warrant of attorney, given to secure . ter a suggestion under the 22 Geo. 2.
C.47on the ground that a Court di
Conscience has no authority to try a
question of bankruptcy. Keayv. Rigg,
in the county court for a debt not
tion applied for on the ground of rein
dence was refused. Smith v. O'Kelly,
made on the high feas. M' Colla
v. Carr, E. 38 Geo. 3.
4. The Court will not allow a fuggeftina
for double costs under 23 Geo.2. Coji
where the original debt being abeit
40s. has by a balance of accounts bet:
reduced below that sum. ib.
5. If an attorney fue as a common pe?.
son, the Court will give the Defendaz
leave to plead that the cause of action
arofe within the jurisdiction of the
Court of Requests, together with othe?
matters. Taggv. Madan, H. 37 Gezi
See EVIDENCE, No. 8.
PLEADING, No. 16.
1. It seems that a custom for the homage
even on general demurrer. ib. ib. heriot to be paid by an in-coming
See Composition, Deed of, No.1.
LEASE, No. 1.
DE INJURIA, &c. Plea of,
See PLEADING, No. 9, 10, 11, 12.