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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 plaintif
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 340
2. At leait 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 industriously. to be sold and delivered in London by

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 clandeftinely:
the fum enbezzled. ib.

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
a trade. Lightfoot

Lightfoot v. Tenant, M.
37 Geo.3:

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


Sce PLEADING, No. 18.
See Bail, No.I.



TRADE, No. 1, 2.

A. captain of an East India country

trader, contracts in India with B. for
See Money had and received.

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

atlion for money had and received, again; whereupon part of the crew
* though the confideration on which B. bring an aclion for wages due on the
" paid it be illegal. Farmer v. Rudel Wesi India voyage: Held on motion
and Another, T. 38 G. 3.

296 for a mandamus to examine witnesses
2. Qt. 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. 6. 44
3. Plaintiff was employed to wash clothes Francifoo v. Gilmore, M. 38 Geo. 3.

for the Defendant, who was a profti.
tute, knowing her to be fuch: Held,
that the use, however immoral to which

the clothes might be applied, could 1. In an indidment on 37 Ge0.3. C. 70.
not bar Plaintiff of an action for work it is sufficient to charge an endeatout
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 adtion for the use and oc- out fpecifying the means employed.

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


Page 397

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,

all. ib.

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
to Bilboa, may be considered as dif- informs A. thereof, who approves of
tinct; and in case of a loss between his conduct; in an action by C. ftating
the two latter places, an apportion- himself in the first count to be the
ment and return of premium may be agent of A. and averring interest in
demanded. Ruthwell v. Cooke, M. him, and in the second averring in-
38 Geo. 3.

Page 172 tereft in himself: Held, first, that the
3. Insurance on a voyage from C. to D., policy was good within the 28 G.3.
on a representation that the ship was c.56.; Wolf and Others Horncastle

first to fail from A. to B. and from B.

M. 39 G.3.

Page 316
to C.; the voyage from A, to B. was 7. Secondly, that C. had an insurable in-
performed, but that from B. to C. terest to the amount of 300l. ib.

being unavoidably prevented, the thip 8. If the name of the broker, effecting a
returned to A., from thence proceeded policy of insurance, be inferted in the
immediately to C. and in performing policy as agent generally, without say.
the voyage from C. to D. was loft ; ing for whom, it is a fufficient compli-
and this was held a good commence. ance with 28 Geo.3. C.56. Bell and
ment of the voyage insured. Driscol Others v. Gilson, M. 39 Geo.3. 345
v. Palmore, M. 38 Geo. 3.

9. So it is if his name be inferted in the
4. Insurance on a voyage from A. to B., policies, though not as agent. De

from B. to C. and from C. to A.; the Vignier v. Swanson, B.R. M. 39 Geo.z.
voyage from A. to B. is performed, but
that from B. to C. being unavoidably 10. Goods the produce of Holland, pur-
prevented, the thip returns to A.; from chased in that country during hoftili-
whence the captain writes to his broker ties between Great Britain and Hol
in London, requesting him to obtain the

land, by a British agent resident there,
opinion of the under-writers as to his and thipped for British subjects, were
proceeding directly to C. if the char- insured by them in this country: Held

terer should infift on it, and is an- that this was a legal insurance. Bell
fwered by him that he thinks the policy and Others v. Gilson, M. 39 Geo.z. 345
at an end; at the instance of the chara

11. In a policy againit fire from half a
terer the captain does proceed to C. year to half a year, the assured agreed
and on his return from thence to A.

to pay the premium half yearly “ as
the ship is captured: Held, that the long as the insurers should agree to
voyage insured was never abandoned.

accept the same," within fifteen days
Driscol v. Bovil, M. 39 Geo.3.

313 after the expiration of the former half
5. A. being indebted to B. without any year, and it was also fiipulated that no

order from him, configns goods to C. insurance should take place till the
to be held for B. and indorses the bill premium was actually paid; a loss bap,
of lading to C.: resolved, that B. has an pened within fifteen days after the end
insurable interest in the goods so con- of one half year, but before the pre
figned. Hill and Another v. Secretan, mium for the next was paid: Held

M. 39 Geo.3.

315 that the insurers were not liable,
6. A. having configned a cargo to B. though the affured tendered the pre-
and drawn bills on him to the amount mium before the end of fifteen days

of it in favour of C. his general agent, but after the loss. Tarleton v. Stani-
lends these bills together with the bills forth in Error, E. 36 Geo.3.
of lading to C.; defiring him to tranf.
mit them to B.“ that B. may have an INTEREST OF MONKY,
opportunity of infuring;" he also draws See Bond, No. 1.
a bill for 300l. on C. which is accepted;
B. refuses to take to the cargo or ac-


No.1, 2.
cept the bills drawn on him; C. then

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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.

133 n.

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


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
tions on setting alide a regular interlo- having taken place. Steventon, ORE,
cutory judgment. Maddocks v.Holmes &c. v. Watson and Others, H.39 Geo.z.
and Others, E. 38 G. 3.
Page 228

Page 365
23. A Defendant must take advantage of 33: Where judgment has gone by de-
an irregularity in the writ before ap- fault on a promissory note, no irregu-
pearance. Fox and Another v. Money, larity previous to the judgment can
E. 38 Geo. 3.

be thewn as caufe againft referring
24. Payment of money into Court is an the note to the prothonotary. Pell
admillion of a legal demand only. Rib- v. Brown, H. 9 Geo. 3.

bans v. Crickett, E. 38 Geo. 3. 264 34. Service of a declaration in ejecment
25. The Court will not make a rule on a on one of two tenants in poffeffion is
Plaintiff who brings an action on a good service on both. Doe es der.

bond, to allow an officer of the stamp- J. Bailey v. Roe, H. 39 Geo. 3. 369
- duties to inspect the bond, becaufe the 35. A Defendant cannot demand a bih

Defendant lulpects it to be forged. of particulars till after appearance.
Chetwynd v. Marnell, Executor, &c. E. Kitchen v.Blanchard, H.39 Geo.z. 378
38 Geo. 3.

271 36. The mere acknowledgment of the
26. The Court will not allow a Plaintiff wife of the tenant in polieffion that the

to fign judginent, because the Defen- has received a declaration in eject.
dant refuses to pay for half the paper- ment, will not bind her husband. Good
books delivered to the Judges; this title ex dem. Read v. Badteile, H.
cafe being within the rule, H. 35 Geo.3. 39 Gco.3.

Fulham v. Bagshaw, T. 38 Geo. 3. 292 37. Service of a declaration in ejeciment
27. Plaintiff cannot fign judgment for on a person appointed by the Court of

want of a plea without demanding one, Chancery to manage an estate for an
though Defendant has neglected to infant, is not fufficient. Goodtitle
take the declaration out of the office. ex dem. Roberts and Wife v. Badtitle,
Whitev. Dent, M. 39 Geo. 3. 341

H. 39 Geo. 3.

28. Taking out a summons before a Judge 38. The Defendant may rule the Plain-

to ftay proceedings on the bail-bond is ' tiff to enter the iffue, and move for
a waver of any irregularity in the no- judgment as in case of a nonfuit in the
tice of declaration. Davis, One, &c. fame Term. Peeters v. Throgmortos,
Alignee of the Sheriff v. Owen and E. 39 Geo. 3.

Another, M. 39 Geo. 3.

342 39. The Court will not on motion strike
29. So taking any step in a cause is a out a part of a plea which contains
waver of any irregularity, ib. 344

double matter. Griffiths v. Eyles, E.
30. If a Defendant be fuperfedeable for 39 Geo. 3.

want of judgment' being entered up in 40. The Court will not put off a trial on
time, but not actually discharged, he account of the absence of a material
cannot be detained in an action on witness, if by his evidence the defence
the judgment. Pierson v. Goodwin, M. of slavery is intended to be eftablished.
39 Geo. 3.

361 Robinson v. Smyth, T. 39 Geo. 3. 454
31. If notice of a writ of inquiry to be 41. A replication taking itlue on a plea

executed at a particular hour and of payment to debt on an annuity
place be continued, the notice of con- bond, muft be signed by a Serjeant.
tinuance need not express any hour or Ellis and Wife v. Govey, T. 39 Geo.2.
place. Jones v. Chune, One, &c. H.

39 Geo. 3.

363 42. In an order to enlarge the time for
32. The Court of C. B. will not stay pro- pleading, the firft and laft days are

ceedings in an adion on an attorney's both reckoned inclusively. Freeman
bill brought subsequent to the order of v. Jackson, E. 36 Geo. 3.


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