« 이전계속 »
any of them her share to go to her
firit and other fons in tail, and for de-
fault of such fons, to her daughters as
the seven sisters dying without issue, or
such iflue dying under twenty-one, the
surviving filters to take her ihare, and
if all the fifters should die without issue,
or such issue die under twenty-one, then
appur- mainder to the daughters contingent,
E. 38 G.3. (Affirmed on error in K.B.
57 7. Teftator devised'in fee to P. 'D. his
brother for life, and after his decease
to G. P. his neice for life, then to
mainders, and after the decease of
Davy and Others, H. 38 Geo.3. 215 defeated by the birth of a fon. Keene
der to the first and other sons of S.N.
copyholds to B., devised as follows:
hereditaments, either freehold or copy- the circumstance of the conveyance of
1. Affumpfit againft three ; two pleaded
Stanford, &c. and also of the manors of Plaintiff replied nul tiel record, and gave
though the Defendants' plea were bad.
1. If a diftringas be returnable, on the
last day of Term, the Plaintiff at the
rising of the Court may move to in-
creale issues on the alias or pluries dis
tringas to be issued thereupon on the
following day, in cafe no appearance
shall then have been entered. Reg.
Gen. Trin. 38 Geo.3.
2. Sowhere iffues have been levied on such
diftringas, he may at the rifing of the
Court, move for leave to sell the ities
to pay the costs of the distringas. ib. ib.
EAST INDIA COMPANY,
ILLEGAL CONTRACT, No.5.
ment of it is a public wrong. Camden
2. Though such parts of 98 10 Will. 3.
EVIDENCE, as inflicted penalties, &c.were repealed See EJECTMENT, No. 1. by 33 Geo.3. C.52., and though the INQUIRY, Writ of, No. 2. latter act says, that “ no acts, or parts NEW TRIAL, No.3. of acts thereby repealed, shall be VARIANCE, No.6. pleaded or fet up in bar of any action," 1. Delivery of an attorney's bill is con&c. yet it is competent to under
clusive evidence, on a taxation by the writers who have fubfcribed policies on
prothonotary, against an increase of thips trading to the East Indies in con
charge in a fublcquent bill on any of travention of 9 & 10 Will. 3. to avail the items contained in the first ; and themselves of the illegality of such strong prefumptive evidence against trading, in an action brought on the
any additional items.
Loveridge v. policies. Camden and Others v. An
Botham, E. 37 Geo.3. derson in Error, E. 38 Geo.3.
In an action on an attorney's bill, the Page 272 Nifi Prius roll is good primâ facie
evidence that the action was not comEAST INDIES,
menced till the expiration of a month See INDIA.
after the delivery of the bill. Webb v. Pritchett, E. 38 Geo.g.
263 · EJECTMENT,
3. In escape against the Sheriff if the See PRACTICE, No.34. 36, 37.
Plaintiff aver in his declaration that If a declaration in ejectment be served
J. $. was arrested « under a writ in. upon a tenant, and his landlord be ad- dorsed for bail by virtue of an affidavit mitted to defend, the Plaintiff can only now on record,” he must produce the recover such premises as the tenant is
affidavit in evidence, though the latter proved to be in poffeffion gt. Fenn d. part of the averment was unnecessary. Blanchard v. Wood, M. 37 Geo.3. 573
Webb v. Herne and Another, Sheriff of
4. Secus if the declaration only state that See Treating Act, No.1.
a writ was sued out, indcrfed for bail. Semb. ib.
• 282 ERROR,
5. If the abandonment of a contract be See Bail, No.10.
made the ground of an action, it is EXCHEQUER CHAMBER, Court of. not competent to the Plaintiff to thew
that a contract has exifted and been ERROR, WRIT OF,
abandoned without proving the speciSee New TRIAL, No.1.
fic contract. Walker v. Constable, T. PRISONER, No.2.
6. In debt on bond, if one of the atteft.
ing witnesses be dead, and the other ESCAPE,
beyond the process of the Court, it is See Bail, No.9.
fufficient to prove the hand-writing of Evidence, No.3, 4. 9.
the witness that is dead." Adam and PLEADING, No. 19, 20.
Wife, Executrir v. Kerr, M. 1. If a theriff's officer having taken a
360 prisoner in execution permit him to 7. Qu. Whether evidence of a custom in go about with a follower of his be. Jamaica to execute bonds by substifore he take him to prison, it is an tuting a mark with a pen for a feal, be efcape. Benton v. Sutton, E. 37 Geo.3. admisible in fupport of a declaration
24 on a bond sealed, &c.? ib. 360 2. Qu. Whether it would not have been 8. Evidence that the homage have been
an escape also if the officer himself had accustomed to assess a certain fum of accompanied him? ib.
ib. money as a heriot upon alienation, and VOL. I.
39 Geo.3. Page 393
that such assessment has always been from the sea, is within the protection made with reference to the best chattel of 24 Geo. 3. Seff. 2. C.47. f. 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 foap in tranhtu, if liable to for9. Evidence of a custom for the lord to feiture,
ib. have the best beast or good on the
EXECUTION, tenant's death, will not support a justi. fication by him for taking the best See PRISONER, No. 1, 2. beafte Adderly v. Hart, T. 4 Geo. 1. .1. An attachment for non-payment of
is an execution. The King . 10. To debt for an escape, 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 fince; Plaintiff in his replica- ant's death, but delivered to the Sheriff tion aclmitted 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 Rep, 20.)
571 traverted: Hold, 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, .) a notice of escape and subsequent
572 escape, but that he must also, in order to maintain the action, prove the
EXECUTOR AND ADMINIS.
TRATOR, first 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 sufficient 1. If an executrix use the goods of her to establith his poffe Sion of the tithes teftator 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
allowed to object to their being taken EXCHEQUER CHAMBER, in execution for her husband's debt. COURT OF.
Quick et uz. v. Sir Wm. Staines, Kat. 1. The Court of Exchequer Chamber Sheriff, T. 38 Geo.3.
will allow intereft to a Defendant in 2. An outftanding judgment againft Error under 3 H.7. 6.10. on a judg- teftator or inteftate not docketed acment 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 strator to an action on fimple contrad.
will be sl. per Cent. instead of 41. Steele v. Rorke, Admini fratrir, T. ib. 30 38 Geo. 3.
307 3. Where judgment for the Defendant 3. Qú. 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.
329 Moore in Error, E. 37 G.3.
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 offiee at any distance Cheetham v. Ward, H.37 Geo-3. 630
FRAUDS, STATUTE OF.
fendant in an action against him for
goods delivered to the use of a third
person on his undertaking to see the
Plaintiff paid, the Court will take into
consideration not only the exprefsions
used, but the particular situation of the
taking, and the amount of the fum for
which he will thereby be made liable.
Keate v. Temple, M.38 Geo. 3.
2. A sale of lands, though by auction is
within the statute of frauds, and there-
fore no action can be maintained upon
it without a memorandum in writing.
Walkerv. Confiable, T.38 Geo. 3. 306
knowledged more than twelve months, rent free, on condition that A. shall
writing under the statute of frauds.
39 Geo. 3.
that the fine may pass the King's filver in her cargo, but before breaking
carried into another port in the same
order of the Court of Admiralty for
the benefit of the freighters: Held,
that the owners of the Thip were not
entitled to any part of the freight.
Curling v. Long, H. 37 Geo.3. 634
2. Though by the usage of the trade,
the thip was loaded at the expence of
the owners. ib.
ing ground, ib.
2. If A. become bound to B. for the
hopesty of C. who embezzles money,
X X 2