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See AFFIDAVIT to hold to bail, No.5.7.

Practice, No.9, 10.
1. An affidavit to hold to bail made in

Ireland two days only after the passing
of 37 Geo. 3. c. 45. having omitted to
comply with the provisions of that act,
a common appearance was allowed.
Stewart v. Smith, M. 38 Geo. 3.

Page 132. n.
2. And a supplemental affidavit was re-



PARTNERS, No. 1, 2.
Bills of ExchaNGE, No.3.

purchase-money, refold it to B., who
never took actual poffeffion, but de
mised it to him for three years; during
that time A. became bankrupt, and the
affignees having seized the plant in
his poffeffion under 21 Jac. 1., it was
held a good defence to an action of
trover brought against them by B.
Bryfon v. Wylie, H. 24 Geo.3. B. R.

Page 83. a.
6. If any one of the creditors, though

without the privity of the bankrupt,
be induced by money to fign the cer-
tificate, it is void. Holland v. Pel.
mer, M. 38 Geo.3.

7. If a Plaintiff become bankrupt after a

nonfuit at Nik Prius, and before the
judgment of nonfuit, the cofts of the
nonfuit are a debt proveable under
the commission. Watts v. Hart, V.
38 Geo. 3.

8. It is no objection to a commission

of bankruptcy that is was sued out
with intent to defeat a previous exe-
cution, if no collusion appear on the
part of the bankrupt. Menham, A-
fgnee, &c. v. Edmondfon, H. 39 Geo.3.
9. If a creditor accompany the Sherit's

officer in levying an execution which
is afterwards avoided by a commitlo
of bankruptcy, trover may be main.
tained against the former by the as-
fignee, though he has never received
either the goods or their value from

the Sheriff. ib.
10. The Court will not order a commor

appearance to be entered on the
ground of the Plaintiff having proved
his debt, and been chosen affignee us.
der a commiffion of bankruptcy itined
against the Defendant. Hill v. Reeves
E. 39 Geo.3

11. If a fi. fa. issued against a bankrupt

before certificate obtained be not exe-
cuted till after, the Court will order
the goods to be rettored, even though
he has not pleaded his certificate ac-
cording to 5 Geo. 2. 6.30. 8.7. Life,

One, &c. v. Mundell, E. 39 Geo. 3. 427
12. For the Court will always give that
relief in a fummary way, which might
be obtained by auditá querela.

See COMPOSITION, Deed of, No. I.

Costs, No. 1.
PARTNERS, No. 1, 2.

PRISONER, No. 2, 3.
1. If an order for the delivery of goods

in the hands of a third person be given
to an uncertificated bankrupt in pay-
ment of a debt accrued fubfequent to
his bankruptcy, he may maintain tro-
ver for them.

Fowler v. Down, E.
37 Geo. 3.

(Vid.et.Webb.v. For, 7 Term Rep.391.)
2. If the furniture of a coffee-house be

taken in execution by a creditor, and
without being removed be let by him
to the keeper of the coffee-house, who
becomes bankrupt while in pofleffion
of it, the aflignees may seize it under
the 21 Jac. 1. c. 19. 8.11. Lingham v.

Biggs and Another, T. 37 Geo.3. 82
3. If a man be the reputed owner of

goods, and appear to have the order
and disposition of them, he must be
understood to have taken upon

“ the fale, order, and difpofition,"
within the meaning of 21 Jac. 1. C. 19.

4. Poffeffion of chattels with nothing to

oppose it, is always evidence of owner-
Thip; but such evidence as may be


5. A., a dyer, having purchased a plant

of B., and being unable to pay the


poled. .

13. But

Page 427

Page 32


13. But if any thing be alleged to invali- BILL OF EXCEPTIONS,
date the effect of the certificate, the 1. A bill of exceptions being no part of
Court will direct a trial on the plea of the record in the Court below, is not
bankruptcy. Lister, One, &c. v. Mun-

to be included in the taxation of costs
dell, E. 39 G. 3:

there. Gardner v. Baillie, E. 37 Geo.3.
14. An action against a bankrupt who has
obtained his certificate under a second
commission, on a cause of action accru-

ing previous to his second bankruptcy,
may be maintained before a dividend

has been made, or the period for making
it allowed by 5 Geo. 2. c. 30. 8.37. is

elapsed, if evidence be adduced to See Practice, No. 35.
shew that it is not probable from the
state of the effects in the hands of the BILLS OF EXCHANGE AND PRO-
affignees, that the bankrupt will be able

to pay 158. in the pound. Jelfs v. Bal.

See PARTNERS, No.1, 2.
lard, T. 39 Geo. 3.

BANKRUPTCY, Plea of, 1. A note payable on demand with inte-

reft, drawn by A. in favour of B. as a
See PLEADING, No. 21, 22, 23.

security for a debt, was by him indorsed
to C. for the fame purpose: after the

indorsement, it pafled backwards and

forwards between B. and C. feveral
See BAIL, No.1. Power, No.I.

times, and previous to its being ulti-

mately deposited with C. he received
1. Defendant's wife having committed

an intimation from B. not to negociate
adultery, he left her in his house with

it, as the latter would want it when he
two children bearing his name, but

settled accounts with A.; held that C.
without making any provision for her

could not, after a settlement of accounts
in consequence of the feparation; the

between A.and B.without a re-delivery
continued in a state of adultery: held

of the note, recover on it against A.
that the husband should be liable for

Roberts and Others, Algnees, &c. v.
necessaries furnished to her unless it

Eden, E. 39 Geo.3.
appeared that the Plaintiff knew or
ought to have known the circumstances

2. For it was deposited as a pledge, and
under which she was living. Norton v.

therefore subject to the same equity as
Fazan, E. 38 Geo.3.

if remaining in the hands of the original

2. It seems that a woman living apart
from her husband in a state of adultery, 3. If A. deposit bills indorsed in blank

with B. his banker, to be by him re-
is liable on her own contracts, though

ceived when due, and the latter raife
the has no separate maintenance. Cox
v. Kitchin, M. 39 Geo.3.

money upon the bills by pledging them

with C. another banker, and afterwards
3. If the husband refide abroad, and the

become bankrupt; A. cannot maintain
wife trade and obtain credit in this

trover against C. for the bills. Collins
country as a feme fole, she is liable for

v. Martin, H. 37 Geo.3.

her own debts. De Gaillon v.


4. Notice of non-payment of a bill by the
M. 39 Geo.3.


acceptor need not be given to the

drawer, if the latter have no effects in
BILL, Delivery of,

the hands of the former; though the

indorfer have. Waluyn v. St. Quintin,
H. 37 Geo.3



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5. If the holder, after proteft for non-

payment and notice to the drawer, for-

bear to sue the acceptor, the drawer
is not thereby discharged. Walwyn v.

St. Quintin, H. 37 Geo.3. Page 652

6. So after protest only, if the drawer be
not entitled to notice. ib.

ib. See PLEADING, No.5.
7. Secus, before protett, or if the holder
take security from the acceptor after

proteft. ib.

8. If the holder accept part-payment of
the indorfer, he may still recover the

residue against the drawer; if not the
whole. ib.

ib. See RePLEVIN, No. 1, 2.



See PROHIBITION, No. 1, 2, 3, 4. 1. If the lord of the manor plant trees on

a common, the commoner has no right

to abate them, though there be not a
See Condition, No.3, 2.

Sufficiency of common left: his remedy

is by action. Kirby V. Sadgrove, in

Error, E. 37 Geo.3. Page 13
EVIDENCE, No. 5, 6.

2. But if the lord fo plant as to deffroy

the common, such an act would be con.
PLEADING, No. 26, 27.

fidered as a nuisance, and the com-

moner might abate. ib.
1. The Court will stay proceedings on a
single bond on payment by the obligor

of principal and costs, without intereft. 1. It is no objection to the paffing a com-

Hogan v. Page, M. 39 Geo.3. 337 mon recovery that the order of the
2. If the obligor of a bond after notice of

names of the vouchees in the precipe
its being alligned, take a release from at bar, varies from that in the dedimus.
the obligee, and plead it to an action Lang v. Woodhouse, E. 37 Geo.3. 31
brought by the assignee in the name of 2. Nor that the warrants of attorney of
the obligee, the Court will set the plea the several vouchers are on feparate
afide. Legh v. Legh, T.39 Geo.3. pieces of parchment. ib.

447 3. The Court will give leave to amend a
3. Nor will they under these circum- mistake in the writ of entry in a com.
ftances allow the obligor to plead pay- mon recovery.

Crofs v. Pead, M.
ment of the bond. ib.

38 Geo. 3.

4. No common recovery or fine shall be

fuffered to pass unless the taking of the
See TREATING Act, No.l.

warrants of attorney be before one of

the Justices or Barons of the Courts

at Westminster, or one of the Serjeants
See PLEADING, No.13, 14.

at Law, unless an affidavit be filed ftat.
ing that the commissioners taking the

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-
See Costs, No.7.

fter, the Judges of the Court of Seffion


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Page 34

and Exchequer, or advocates and

clerks to the fignet of five years


See Evidence, No. 5.
ing in Scotland. Reg. Gen. M.39 Geo. 3.


Page 362

1. The creditors of a bankrupt entered See Custom, No. 1.
into a deed of compofition to receive

· 8s. in the pound in full difcharge of
their debts, and agreed to release every

thing beyond that to the bankrupt, and

See Misnomer, No. 1, 2, 3.
join in a petition to the Chancellor to

fuperfede the commission; one of the

creditors having two distinct debts due
from the bankrupt, for one of which
he held bills to the full amount, re-

ceived his dividend of 89. in the pound See Bail, No.4.
on both debts, and then recovered on BANKRUPT, No.7.
some of the bills; held that the bank- Bill of EXCEPTIONS.
rupt was entitled to fue for the money

PRACTICE, No.2. 12.
so obtained on the bills in an action REPLEVIN, No.

. 3
for money had and received. Stock

1. The general term costs in a rule of re-
v. Marvfon, Trin. 38 G.3.


ference to arbitration does not include

the cofts of that reference. Branley
See PLEADING, No.26, 27.

v. Tunstow, E. 37 Geo. 3.

2. A pauper as such can never pay costs.
1. If the condition of a bond be to ren- Rice v. Brown, E. 37 Geo. 3. 39

der a person in execution who has 3. Semble, that he may receive them for
once been discharged, it is void. Da the defaults of his opponent. ib.

Costa v. Davis, E. 38 Geo. 3. 242 4. If he misbehaves himself the Court
2. If a condition be to do one of two will difpauper him, and fo make him
things, and one become impossible, it liable to cofts. ib.

is no excuse for not performing the 5. If an arbitrator award among other
other. ib.

ib. things that each party shall pay a

moiety of the costs of the arbitration,

and of making the fubmiffion a rule of
1. A. of Liverpool, wishing to draw on Court, and one party in order to get

the banking-house of B. in London to the award out of the hands of the ar.
a large amount, agreed among other bitrator pay the whole, he may have
fecurities given to consign goods to a an attachment against the other party
mercantile house, confifting of the if he refuse to pay his moiety. Hicks
same partners as the banking-house, v Richardson, M. 38 Geo. 3. 93
though under the firm of B. and C.; 6. The Court will not stay proceedings
accordingly he remitted the invoice of till security is given for the costs in
a cargo, and the bill of lading indorsed an action by a foreign seaman serving
in blank to B. and C.; but the cargo on board an English thip. Jacobs
was prevented from leaving Liverpool v. Stevenson, M. 38 G. 3.

by an embargo; A. then became bank- 7. A rent charged on the rates by a canal
rupt, being confiderably indebted to act, as a compensation for damage
B., and the cargo was delivered to his done to land, is not within the 11 Geo. 2.
assignees by the captain : held that B. 0.19. . 22. so as to entitle an avow-
and C. might maintain trover for it ant to double costs. Leominster Ca.
against the latter. Haille v. Smith in nal Company v. Cowel and Another, H.
Error, M. 37 Geo. 3.

38 Geo.3


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8. Nor is any rent charge. Page 213

9. The Court set aside a judgment and 1. The Court will not refuse leave to en:

warrant of attorney, given to secure . ter a suggestion under the 22 Geo. 2.
an annuity for a defect in the memo.
rial without costs, because it was

C.47on the ground that a Court di

Conscience has no authority to try a
the case of an executor. Dickenson,

question of bankruptcy. Keayv. Rigg,
Executor, &c.v. Boyne, M. 39 Geo. 3. Ê.37 Geo.3.

335 2. A Defendant is not liable to be lued
10. A. fued as executrix of B. on a po-

in the county court for a debt not
licy effected by A. in his life time, in arising within the county, though he
which he was jointly interested with be refident therein. And a függet

C. and D. now living; A. being non-

tion applied for on the ground of rein
suited, held that she was entitled to

dence was refused. Smith v. O'Kelly,
the privilege of an executrix to be T. 37 G. 3:

exempt from cofts. Wilton, Execu- 3. The jurisdiction of the Court of Cc
trir, v. Hamilton, T. 39 Geo. 3. 445 science does not extend to contracts

made on the high feas. M' Colla

v. Carr, E. 38 Geo. 3.

See PAYMENT, No. 1.

4. The Court will not allow a fuggeftina

for double costs under 23 Geo.2. Coji

where the original debt being abeit
1. If a lease for ninety-nine years, deter-

40s. has by a balance of accounts bet:
minable on three lives, be conveyed

reduced below that sum. ib.
in trust for A. for life, and B. cove-

5. If an attorney fue as a common pe?.
nant to use his utmoft endeavours as

son, the Court will give the Defendaz
often as any of the persons on whose
lives the premises are held fhall die,

leave to plead that the cause of action

arofe within the jurisdiction of the
to renew the fame by purchasing of

Court of Requests, together with othe?
the lord of the fee a new life, in the

matters. Taggv. Madan, H. 37 Gezi
room of such as shall fail, it is no

breach of the covenant, if upon one of
the lives falling, he procure a renewal

upon his own life. Scudamore and

See EVIDENCE, No. 8.
Others v. Stratton and Others, T.

39 Geo. 3.

2. Performance pleaded otherwise than

1. It seems that a custom for the homage
in the terms of the covenant is bad fless a compensation in lieu of a

even on general demurrer. ib. ib. heriot to be paid by an in-coming
3. Under a covenant by a lellee of a copyholder on furrender or alienat a
coal-mine to pay a moiety of all such is not good. Parkin v. Radcliffe

, I
fums of money as the coals there 38 Geo. 3.
raised shall fell for at the pit's mouth,
the leflee was held liable to pay a

moiety of the money, which the coals,
though fold elsewhere, would have

produced at the pit's mouth. Clifton See Prisoner, No.4.
V. Gerrard, H. 36 Geo. 3. (Reversed
on error, 7 Term Rep.676.)


See Composition, Deed of, No.1.

LEASE, No. 1.
See Bail, No. 2.

DE INJURIA, &c. Plea of,

See PLEADING, No. 9, 10, 11, 12.


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