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B. may maintain an action on the gua- the purposes of prostitution, wit
Cited page 340
the circumstance from any other quar- that the bond was given to secure
payment of the price of goods agreed
ib. Plaintiff to Defendant, to be by the
guaranty, though B. appear to have thence re-thipped for the East Indies,
ib. held a fufficient bar to the action, the
cale being within the 7 Geo. 1. C. 22.
which avoids all contracts for supply.
ing cargoes to foreign thips in luch
Lightfoot v. Tenant, M.
Sce PLEADING, No. 18.
See EAST INDIA COMPANY.
TRADE, No. 1, 2.
A. captain of an East India country
trader, contracts in India with B. for
a crew according to the custom of the
country ; A. arrives in England with
of C. it may be recovered by C. in an with them to the West Indies and back
atlion for money had and received, again; whereupon part of the crew
296 for a mandamus to examine witnesses
if A. were a party to the contract be- action did not arise in the East Indies
ib. within the 13th Geo. 3. C. 64. 6. 44
for the Defendant, who was a profti.
340 and to incite him to mutiny, &c. with-
cupation of a lodging, proof that the The King v. Fuller, M. 38 Geo. z. 180
7. The plea de injuriâ fuâ propria abfq. moiety of the value of the crops fold
tali caufâ to a cognizance for rent in to B. without stating the special agreearrear is bad upon special demurrer. ment, and held that he might well do Jones v. Kitchin, T. 37 Geo.3.
fo, as the special agreement was exe
Page 76 cuted by the appraisement, and the 10. It is only to be received, where the action arose out of something collateral
defence set up is matter of excuse. to it. Poulter v. Killingbeck, E. ib.
39 Geo.3 11. Not where any right or interest is 19. To debt for an escape, Defendant asserted. ib.
ib. pleaded a negligent escape and vo12. Nor where the defence turns upon luntary return, lince which the pri
the plea of commandment; but the foner had been safely kept ; Plaintiff commandment must be answered. in his replication admitted the negli. ib.
ib. gent escape and voluntary return, but 13. The master, wardens, and common- alleged that the prisoner had not been alty of a company cannot sue for a safely kept fince that time, having penalty forfeited to the master and again escaped, which was a different wardens to the use of the master, escape from that mentioned in the wardens and company.
Feltmakers' plea, and the same for which the Company v. Davis, M. 38 Geo.3: 98 action was brought ; Defendant in his 14. The first count in a declaration in rejoinder traversed the allegation that debt for a penalty under a by-law, fet the prisoner had not been lafely kept, forth the charter empowering the com- and then pleaded to the latter part of pany to make by-laws, the by-law made the replication, as to a new assignment, and the breach of it; the second count a negligent escape, voluntary return omitting the above particulars, ftated and safe keeping fince, in the same the penalty as being forfeited - under manner as in the plea; this latter part and by virtue of a certain by-law of of the rejoinder was held bad on fpethe company before that time duly cial demurrer. Griffiths v. Eyles, made, &c." and this count on special E. 39 Geo. 3.
413 demurrer was held bad. ib. ib. 20. A plea that if the prisoner escaped 15. A pardon, if pleaded, must be averred several times (withoutspecifying them) to be under the great seal. Bull v. he returned as often, is bąd. ib. ib. Tilt, H. 38 Geo. 3.
199 21. If bail plead the bankruptcy of their 16. If the lord set up a custom to have principal in their own discharge, they
the beft live or dead chattel as a must plead it circumftantiaily, or it heriot ; Qu, if the tenant can modify will be bad on special demurrer. that custom by pleading another, that Donnelly v. Dunn, T. 39 Geo.3. 448 the homage thall affefs a compensation in lieu of the heriot? Parkin v, Rad
22. Or on general demurrer. Beddome
and Another V. Holbrook and Another, cliffe, T. 38 Geo.3.
282 17. The omiffion of And thereupon the
T. 39 Geo.3.
450 n. (6) said J. S. complains” in the beginning 23. Semb. That it cannot be pleaded at of a declaration of trespass on the ease,
ib, is no cause of special demurrer. Doba 24. A. declared in case againft B. for fon v. Sir W. Hearne, Knt, and An- finking his boat, and after averring a other, H. 39 Geo.3.
366 non-feafance in B. as the cause, stated 18. A. agreed with B. to let him land, him to have acted with great force and
rent free, on condition that A. should violence in accomplishing the injury; have a moiety of the crops; while the '. A. recovered, and on error brought crop was on the ground it was ap- because the action should have been praised for both parties : A. de- trespass, not cafe, and because the two Qlared in indebitatus affumpfit for a actions were mixed, the Court referred
346 n. d.
The meets with convoy, and from thence effects a policy in his own name and
Page 172 tereft in himself: Held, first, that the
M. 39 G.3.
9. So it is if his name be inferted in the
from B. to C. and from C. to A.; the Vignier v. Swanson, B.R. M. 39 Geo.z.
land, by a British agent resident there,
11. In a policy againit fire from half a
to pay the premium half yearly “ as
accept the same," within fifteen days
313 after the expiration of the former half
order from him, configns goods to C. insurance should take place till the
315 that the insurers were not liable,
EXCHEQUER CHAMBER, Court of,
5. The Court will not grant an attach- to the Court by A. to stay proceedings
ment for non-performance of an award in the action against him by B. on his pending an action brought on the paying the fourth instalment to such award ; nor allow the Plaintiff to wave person as they thould appoint, was the action in order to apply for the refused. Macdonald v. Palley, M. attachment. Badley v. Loveday, T. 38 G.3.
161 37 Geo.3.
Page 81 14. If à party proceed against a De6. An order for the discharge of an in- fendant by action and indictment for
folvent under the Lord's act, 8.16. can- the fame allault, the Court will not not be made by a Judge in Term time, compel him to make his election. Jones though summontes were taken out in va- v. Clay, H. 38 6.3.
191 cation, and the order only delayed till 15. Defendant before the action comthe beginning of Term by an irregu- menced quitted the kingdom, leaving larity in the affidavit. Hafkins v. Mor- another in poffefiion of his house and ris, N. 38 Geo. 3.
92 goods; Plaintiff having served a sum7. The Court will give leave in the first mons to appear at the house, distrained initance to enter up judgment on a
the goods to compel an appearance; verdict reduced by an award. Hig- and held regular. Sir William Staines, ginfon v. Ve bitt, M. 37 Geo. 3. 97
Knt. and Another v. Johannot, H. 8. The Court will not order a bail-bond
31 Geo. 3. to be delivered up to be cancelled, be- 16. The Court will not, by putting off a cause the place where the affidavit to trial or other indirect means, compel a hold to bail was sworn is not mentioned party to consent to a commiffion for in the jurat. Symmers v. Wafon, M. the examination of witnesses in Scot38 Geo. 3.
land. Calliandv. Vaughan, H.38 Geo.3. 9. A Defendant by perfecting bail above
was held to wave all objections arising 17. Where contradictory verdicts have from the bank act, 37 Geo.3. C.45. to been found on a policy of insurance, the fufficiency of the affidavit on which and a third action brought against anhe was held to bail. Chapman v. Snow, other under-writer, the Court will not M. 38 G. 3:
132 put off the trial to enable him to apply 10. But length of time seems to be no such to a Court of Equity for a commission
waver. Fenwick v. Hunt, M. 38 Geo. 3. to examine witnelies in Scotland to the B. R.
same facts which were given in evi11. The Court will not allow a Defen- dence on the last trial, ib.
ib. dant to strike out the entry of a judg- 18. At leaft if he has obtained time to
of nolle profequi entered by the plead on the usual terms. ib. ib. Plaintiff on one of the counts of the 19. It is not fufficient to stick up a declaration after it has been demurred notice of declaration in the office, if to. Milliken v. Fox and Another, M. the Defendant's last place of abode 38 G. 3.
157 be known; for it ought to be served 12. Nor will the Court in that stage of there. Holften v.Culliford, H.38 Geo. 3. the proceedings determine a question
214 of costs refpecting such a count. ib. ib. 20. To afumpfit on a bill of exchange, 13. C. by virtue of an order from B. to the Court will not allow a Defendant receive all money due to him on a par- to plead the general issue, and that the ticular account, obtains three out of bill was given on a ftock-jobbing four instalments due from A. to B. transaction contrary to 7 Geo. 2. C. 8, on that account; these payments are Shaw v. Everett, H. 38 Geo. 3. 222 afterwards questioned by B. who brings 21. Nor the general iflue and alien enemy his action againft A. for the whole to a declaration on a policy of intufum, and at the same time C. demands rance. Angerfiein v. Vaughan, H. the fourth instalment: An application 38 Geo. 3.
ib. n. a.
22. The Court will not restrain a Defen- a Judge of another Court for its tare.
dant from pleading the statute of limita- tion, but previous to that taxation
be thewn as caufe againft referring
bond, to allow an officer of the stamp- J. Bailey v. Roe, H. 39 Geo. 3. 369
Defendant lulpects it to be forged. of particulars till after appearance.
271 36. The mere acknowledgment of the
to fign judginent, because the Defen- has received a declaration in eject.
want of a plea without demanding one, Chancery to manage an estate for an
H. 39 Geo. 3.
to ftay proceedings on the bail-bond is ' tiff to enter the iffue, and move for
342 39. The Court will not on motion strike
double matter. Griffiths v. Eyles, E.
361 Robinson v. Smyth, T. 39 Geo. 3. 454
executed at a particular hour and of payment to debt on an annuity
363 42. In an order to enlarge the time for
ceedings in an adion on an attorney's both reckoned inclusively. Freeman