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22. The Court will not restrain a Defen- a Judge of another Court for its tàu
dant from pleading the statute of limita- tion, but previous to that taxation tions on fetting alide a regular interlo- having taken place. Steventor, Oul cutory judgment. Maddocks v.Holmes &c. v. Watson and Others, H.39 Geo.3. 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 shewn 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.
369 bans v. Crickett, E. 38 Geo. 3. 264 34. Service of a declaration in ejectment 25. The Court will not make a rule on a on one of two tenants in pofleffion is Plaintiff who brings an action on a good service on both. Doe es dis.
bond, to allow an officer of the stamp- J. Bailey v. Roe, H. 39 Geo.3. 369 • duties to inspect the bond, because the 35. A Defendant cannot demand a bil
Defendant fufpects it to be forged. of particulars till after appearance. Chetwynd v. Marnell, Executor, &c. E. Kitchen v.Blanchard, H.39 Geo.3. 3;8 38 Geo. 3.
271 36. The mere acknowledgment of the 26. The Court will not allow a Plaintiff wife of the tenant in potleffion that the
to fign judgment, because the Defen- has received a declaration in ejectdant refuses to pay for half the paper- ment, will not bind her huiband. Gaid. books delivered to the Judges; this title ex dem. Read v. Badtiile, H. cafe being within the rule, H.35 Geo. 3. 89 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 eftate for an though Defendant has neglected to infant, is not sufficient. Goodie take the declaration out of the office. er dem. Roberts and Wife v. Badtite, White v. Dent, M. 39 Geo. 3. 341 H. 39 Geo. 3.
385 28. Taking out a fummons before a Judge 38. The Defendant may rule the Plain
to ftay proceedings on the bail-bond is . tiff to enter the issue, 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. Thragtortor, Algnee 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.
413 want of judgment being entered up in 40. The Court will not put off a trial oa 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. Pierfon v. Goodwin, M. of slavery is intended to be eftabliibed. 39 Geo. 3.
361 Robinson y. Smyth, T. 39 Geo. g. 454 31. If notice of a writ of inquiry to be 41. A replication taking ilue on a plas
executed at a particular hour and of payment to debt on an annuity place be continued, the notice of con- bond, must be figned by a Serjeant tinuance need not express any hour or Ellis and Wife v. Govey, T. 39 Getz. place. Jones v. Chune, One, &c. H.
469 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 first and latt days are
ceedings in an aclion on an attorney's both reckoned inclufively. Freemas bill brought subsequent to the order of v. Jackson, E. 36 Geo. 3.
43. If the damages given by a verdict be partly before hoftilities between the reduced by an award, under an order two countries, partly after, and thipof nifi prius, which has been made a ped for England on board a neutral rule of Court, the party is entitled to vertel ostensibly bound for Oftend, to have the post-àdelivered to him without be taken by a British privateer, they any appiication to the Court. Grimes are lawful prize, though the ship will v. Naish, E. 36 Geo. 3. Page 480 be restored. Louisa Margaretha, Hen
Nop, 3d April 1781. Page 349 n. PREMIUM,
PRIZE MONEY. See INSURANCE, No. 2.
1. It seems that nothing but a power of PRISONER,
attorney, or a will complying with See INSOLVENT.
the provisions of 26 Geo. 3. c. 63. and PRACTICE, No. 30.
32 Geo. 3. C. 34. will warrant a payWARRANT of ATTORNEY, No. 1.
ment to a third person of money
due from the public to sailors or 1. The Court will discharge a Defendant
marines. Macdonald v. Pasley, M. out of custody who is in execution at
38 Geo. 3
161 the fuit of a Plaintiff fome time fince deceased, on wliose part no will has
PROCESS, been proved, nor any
adminiftration granted, and whose family on notice See Amendment, No. 1, 2.
EXECUTION, No. 2. 3. of a motion for the above purpose declines interfering. Broughton v.
VARIANCE, No. 2, 3, 4, 5. 7. Martin, M. 38 Geo. 3.
176 1. If a capias per continuance be tested 2. A prisoner after judgment against him,
on the fame day as the original capias, may, notwithstanding the allowance a new original capias may be sued out of a writ of error, be charged in
to warrant it, though such, new origiexecution, Fisher v. M'Namara, T.
nal bear teste before the cause of action 38 Geo. 3.
accrued. Davis, One, 8c. Afhgnee of
292 3. The Court has no power to discharge
the Sheriff v. Owen and Another, M. a Defendant out of execution on the
39 Geo. 3.
342 ground of a commission of bankruptcy
PROHIBITION.. having been iflued against him by the Plaintiff. M'Master v. Kell, T. 1. The Court of Common Pleas has no 38 Geo. 3.
power to issue an original writ of pro4. A prisoner in custody on mesne pro
hibition to restrain a Bishop from comcefs is supersedeable, unless a copy of
mitting waste in the poffeflions of his the declaration be delivered before the see. Jefferson v. The Bishop of Durend of the Term after the process is
ham and Others, M. 38 Geo. 3. 105 returnable. Blyth v. Harrison, T. 2. At least at the suit of an uninterefted 36 Geo. 3.
ib. See ALIEN ENEMY, No. 1.
4. But it may be doubtful whether the
Court of Chancery has not?
1. If one person make a promise to an
other for the benefit of a third, that PRIZE.
third person may maintain an action 1. If goods, the produce of Spain, pur. upon it. Marchington v. Vernon and
chased for British subjects resident here, Others, G. H. Sittings, T. 27 Geo. 3. by a neutral agent resident in Spain, B. R.
payment of the rent in artear, together TO PAY THE DEBTS OF THIRD PERSONS,
with all costs, though the arrears were
tendered before with costs up to that See FRAUDS, Statute of.
time. Hopkins v. Shrole, H. 396ec-3.
Page 382 PROMISSORY NOTE,
4. The condition of a replevin bond is not See LORDS Act, No. 1.
satisfied by a prosecution of the fuit in Bills of EXCHANGE.
the county court, but the plaint, if re
moved by re. fa. lo. into a fuperior R
court, must be prosecuted there with
effect, and a return made if adjudged RECOGNIZANCE,
there. Gwillin v. Holbrook, E. 39 Geo.3.
410 See AMENDMENT, No.2. BAIL, No. 17, 18.
RIGHT, WRIT or,
See Nonsuit, Judgment as in case of, See COMMON RECOVERY.
No. 1, 2.
1. The Court will not permit the mije REFERENCE,
joined in a writ of right to be tried by See Costs, No. I.
a jury, inftead of the grand aflize
, though both parties defire it. Daltor REGISTRY,
v. Harvey, H. 38 Geo.
191 See Ship, No. 1. RELEASE,
s See Bond, No. 2.
Ships, No. 1.
See PRACTICE, No. 34-36, 37REPLEVIN. 1. The action on the case against the
SHERIFF, Sheriff for taking insufficient pledges See ATTACHMENT. in replevin, ought to be brought in Bail, No.9. the name of the person making cog- ESCAPE. nizance where there is no avowant RePLEVIN. on the record. Page v. Sir John
VENDITIONI EXPONAS. Eamer Knt. and Another, H. 39. Geo.3.
SHIP, 2. A replevin bond may, under the
See FREIGHT. 11 Geo. 2. c. 19. be assigned to the avowant only, and he may bring his 1. The indorsements on the certificate of action upon it without joining the registry required by 78.8 Will. 3. 6.23, party making cognizance. Archer and 826. Geo. 3. c.60.3.16. need not be Others, Alignees, &c. v. Dudley and recited in the deed of assignment of a Others, E. 22 Geo.3.B.R. 381n.
ship under f. 17. of the latter ad. 3. The Court will not stay proceedings Capadofe v. Codnor, E. 36 Geo. 3.
in an adion of replevin unless upon
Hex. VII. Sce LIBEL.
3. C. 10. (Interest in error)
Page 29 SLAVERY,
Hen. VIII. See PRACTICE, No.40.
32. c. 1. (Wills)
577 27. c. 10. (Ufes)
Edw. VI. 1. If goods prohibited from being sold in this country by 11 & 12 Will. 3. c. 10.
28 3. c. 13. (Tithes) are taken out of a warehouse, and put
384. C. 3. (Approvement)
14 on board a vessel as if for exportation, but in fact with a view to be relanded,
Eliz. they are liable to be seized, though no 13. c. 7. 8.11. (Bankrupt) 45. 48. 49 actual attempt to reland them has been C. 10. (Restraining Stat.) 114 made. Wilson v. Saunders, E. 38 Geo.3. 43. c. 2. (Poor)
236 Page 267
114 See EXCISE, No. 1, 2.
c. 15. 5:13. (Bankrupt)
45 c. 22. (Leather) STAMPS, 3. c. 8. (Bail in error)
249 See INSOLVENT, No.4.
21. c. 19. 8.11. (Bankrupt)
CAR, II. STATUTES CITED OR COMMENTED
17. c. 7. (Distress)
380 29. c. 3.8. 4. (Stat. of Frauds) 159. 307. Edw. I.
377. 397 3. c. 25. (Stat. of Westminster, 1.)
Will. & MARY. 6. c.5. 5. 13. (Stat. of Gloucester) 108.
2 Sell. 1.c.5. (Distress)
214 113. 116. 117
485. с. 20. (Docketing Judgments) 6. 8. (Stat. of Gloucester) county court.
C. 21. (Prisoners)
748. C. 4. (Treating act) 265 35. c. 2. (ne rector, &c.) 108. 113. 117.
C. 22. (Ship registry) 483 119 88 9. 6. 27. (Prisoners) c.31. (Partition
344 HEN. III.
98 10. c.44. (East India Company) 274 20. C. 4. (Stat. of Merton)
11&12. c. 10. (Bandannoes)
267 14 52. c.23. (Marlbridge)
10. C. 19. f.19. (Soap duty) 189 4. C. 7. (Executors)
7.6.21. (East Indies) 8. c. 12. (Amendment)
7. Stat. 1. c. 21.s.2. (East India Trade) 23. c.9. (Bail Bond) 226
3.553 9.6.7. (Poor)
236 VOL. I,
See PRACTICE, No.28. 33. 2. 6. 23. f. 23. (Attornies) Page 263
Replevin, No. 3. 3. c. 14. (East Indies)
274 4. c. 28. (Tenant holding over) 310.
385 n. 1. A natural born subject of this coun. 5.c. 30. (Bankrupt) 49,95. 428. 450. try, admitted a citizen of the United
467 States of America, either before or 7. c. 8. (Stock-jobbing)
after the declaration of American in. 11. C. 19. f.22. (Avowry)
dependence may be considered a subf. 13. (Ejectment)
570 ject of the United States, so as to be 14. C. 15. (Judgment as in case of a non- entitled to any commercial privileges fuit)
103 granted to the subjects of the United 17. C. 17. (East Indies)
274 States by treaty. Marryatt v. Wil 22. C. 27. (Court of Requests, South- Son in Error, E. 39 Geo. 3. Page 430 wark)
2. Even though the subjects of this coun23. C. 21. f. 34. (Soap duty) 189 try be prohibited from exercising those C. 33. (Court of Conscience, Middle
12. 33. 223 32. c. 28. (Lord's aa) 92. 143. 270.336
See COURTS, No. 1, 2. 4, Geo. III. 5. C. 43. f.20. (Soap-duty) 189
SUPERSEDEAS, 6. C. 40. 4.6. ( African trade) 269 See PRACTICE, No. 10. C. 47. (Easi Indies)
PRISONER, No. 2. 4. 10. C. 50. 8.4. (Ifiues)
81 13. c. 63. /:44. (India)
1. A writ of error operates as a super
177 14. C. 78. (Party Walls).
sedeas from the time of the allowance,
303 17. c. 26. j. 1. (Annuity) 64. 208. 224. not from the time of service. Gravak
v. Simpson, E. 36 Geo. 3. 20. C. 45. (Levant bill) 351. n. (1) 2. Bail muft therefore be put in within c. 51. (Post-horse duties)
four days from the former period. 478
51 24. Sef: 2. c. 47. (Smuggling). 187. 267 C. 48. f. 10. (Soap duty) 189
SURETY, 25. C.44. (Insurance)
See GUARANTY. c. 30. (Attornies certificate) 4 26. c. 57. (Eajl Indies)
274 c. 60. (Ship regiftry)
T c. 63. l. 1. (Prize-money)
161 28. c. 56. (Insurance)
TENANTS, 31. c. 69. (Canal act)
213 See LANDLORD AND TENANT. 32. C. 34. f. 1, 2. (Prize-money)
161 33. C.52. (East India Company)
TENDER. 34. c.9. French property (see Holland) i If Defendant bring money into Court 6.69. (Iniolvent act)
477 on a plea of tender, Plaintiff may take 37. c. 28. (Prifoners)
it out, though he reply that the tenc. 45. 8. 9. (Bank act) 132. 176.344
not made before action c. 70. (Inciting to meeting) 180 brought. Le Grew v. Cooke, M. c. go. (Stamps)
39 Geo. 3. c.97. (American treaty)
TIME, STAYING PROCEEDINGS, See GUARANTY, No. 1. See ANNUITY, No. 10.
MARKET, No. I. BOND, No.l.
PRACTICE, No. 42,