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and Exchequer, or advocates and
See EVIDENCE, No. 5.
into a deed of composition to receive PLEADING, No. 16.
See MIssomer, No. 1, 2, 3.
PLEADING, No. 13,
PRACTICE, No. 2. 12.
1. The general term costs in a rule of re-
ference to arbitration does not include
the costs of that reference. Branley
v. Tunftor, E. 37 Geo. 3.
2. A pauper as such can never pay costs.
Rice v. Brown, E. 37 Geo. 3. 39
ib. things that each party shall pay a
moiety of the costs of the arbitration,
and of making the submission a rule of
the banking-house of B. in London to the award out of the hands of the ar.
0.19. . 22. so as to entitle an avow-
latter. Haille v. Smith in nal Company v. Cowel and Another, H.
8. Nor is any rent charge. Page 213
ter a suggestion under the 22 Geo. 2.
c.47. on the ground that a Court of
question of bankruptcy. Keays. Rigg,
arising within the county, though he
dence was refused. Smith v. O'Kelly,
T. 37 G.3:
The jurisdiction of the Court of Con-
made on the high seas. M'Collas
4. The Court will not allow a fuggeftion
for double costs under 23 Geo.2. C-33.
where the original debt being above
408. has by a balance of accounts been
reduced below that sum. ib.
5. If an attorney fue as a common per-
fon, the Court will give the Defendant
leave to plead that the cause of action
arofe within the jurisdiction of the
Court of Requests, together with other
matters. Taggv. Madan, H. 37 Geo.z.
See EVIDENCE, No. 8.
PLEADING, No. 16.
1. It seems that a cuftom for the homage
to assess a compensation in lieu of a
is not good. Parkin v. Radcliffe, T.
See PRISONER, No.4.
See COMPOSITION, Deed of, No. 1.
LEASE, No. 1.
DE INJURIA, &c. Plea of,
See PLEADING, No. 9, 10, 11, 12.
any of them her share to go to her
firit and other sons in tail, and for de-
fault of such fons, to her daughters as
the seven lifters dying without issue, or
luch iflue dying under twenty-one, the
surviving filters to take her ihare, and
or such issue die under twenty-one, then
which took effect notwithstanding the
E.38 G.3. (Affirmed on error in K.B.
Teftator devised in fee to P. D. his
ib. to G. P. his neice for life, then to
trustees to preserve contingent re-
mainders, and after the decease of
for want of fuch issue male,
words for want of such ilue male,
Davy and Others, H. 38 Geo.3. 215 defeated by the birth of a fon. Keene
Such issue to the use of the right heirs
copyholds to B., devised as follows:
hereditaments, either freehold or copy- the circumstance of the conveyance of
Page 558 1. Affumpfit against three; two pleaded
Stanford, &c. and also of the manors of Plaintiff replied nultiel record, and gave
a day to the two Defendants, but en-
third; held on demurrer, that the ac-
1. If a diftringas be returnable, on the
last day of Term, the Plaintiff at the
rising of the Court may move to in-
create issues on the alias or pluries di
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 iflües have been levied on fuch
diftringas, he may at the rifing of the
Court, move for leave to sell the issues
to pay the costs of the diffringas. ib. ib.
EAST INDIA COMPANY,
ment of it is a public wrong. Camden
2. Though such parts of 9 & 10 Will. 3.
INQUIRY, Writ of, No. 2.
1. Delivery of an attorney's bill is con-
clusive evidence, on a taxation by the
prothonotary, against an increase of
charge in a subíequent bill on any of
strong prefumptive evidence against
any additional items. Loveridge v.
Page 272 Nis Prius roll is good primâ facie
evidence that the action was not com-
menced till the expiration of a month
after the delivery of the bill. Webb v.
3. In escape against the Sheriff if the
Plaintiff aver in his declaration that
J. S. was arrested " under a writ in.
Webb v. Herne and Another, Sheriff of
4. Secus if the declaration only state that
a writ was sued out, indcrfed for bail.
5. If the abandonment of a contract be
made the ground of an action, it is
that a contract has existed and been
abandoned without proving the speci-
fic contract. Walker v. Constable, T.
6. In debt on bond, if one of the attest-
ing witnesses be dead, and the other
beyond the process of the Court, it is
fufficient to prove the hand-writing of
the witness that is dead. Adam and
Wife, Executris v. Kerr, M. 39 Geo.3.
24 on a bond sealed, &c.? ib. 360
an escape also if the officer himself had accustomed to assess a certain fum of
ib. money as a heriot upon alienation, and