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years stand-

Page 34

and Exchequer, or advocates and

clerks to the fignet of five

See EVIDENCE, No. 5.


Page 362

1. The creditors of a bankrupt entered See Custom, No. 1.

into a deed of composition to receive PLEADING, No. 16.
• 8s. in the pound in full discharge of
their debts, and agreed to release every

thing beyond that to the bankrupt, and

See MIssomer, No. 1, 2, 3.
join in a petition to the Chancellor to
fuperfede the commisfion; one of the


creditors having two distinct debts due
from the bankrupt, for one of which
he held bills to the full amount, re-

ceived his dividend of 8 in the pound See Bail, No.4.
on both debts, and then recovered on BANKRUPT, No.7.
some of the bills; held that the bank- BILL of ExcePTIONS.
rupt was entitled to fue for the money

PRACTICE, No. 2. 12.
so obtained on the bills in an action Replevin, No. 3.
for money had and received. Stock

1. The general term costs in a rule of re-
d. Mawson, Trin.38 G.3.


ference to arbitration does not include

the costs of that reference. Branley

v. Tunftor, E. 37 Geo. 3.
See PLEADING, No. 26, 27.

2. A pauper as such can never pay costs.
1. If the condition of a bond be to ren-

Rice v. Brown, E. 37 Geo. 3. 39
der a person in execution who has 3. Semble, that he may receive them for
once been discharged, it is void. Da the defaults of his opponent. ib.

Cofta v. Davis, E. 38 Geo.3. 242 4. If he misbehaves himself the Court
2. If a condition be to do one of two will đifpauper him, and fo make him
things, and one become impoffible, it liable to cofts. ib.

is no excuse for not performing the 5. If an arbitrator award among other
other. ib.

ib. things that each party shall pay a

moiety of the costs of the arbitration,

and of making the submission a rule of
1. A. of Liverpool, wishing to draw on Court, and one party in order to get

the banking-house of B. in London to the award out of the hands of the ar.
a large amount, agreed among other bitrator pay the whole, he may have
fecurities given to consign goods to a an attachment againft the other party
mercantile house, confifting of the if he refuse to pay his moiety. Hicks
same partners as the banking-house, v Richardson, M. 38 Geo. 3. 93
though under the firm of B. and C.; 6. The Court will not stay proceedings
accordingly he remitted the invoice of till fecurity is given for the costs in
a cargo, and the bill of lading indorsed an action by a foreign seaman serving
in blank to B. and C.; but the cargo on board an English ship. Jacobs
was prevented from leaving Liverpool v. Stevenson, M. 38 G. 3.

by an embargo; A. then became bank. 7. A rent charged on the rates by a canal
rupt, being considerably indebted to act, as a compensation for damage
B., and the cargo was delivered to his done to land, is not within the 11 Gęo.2.
affignees by the captain: held that B.

0.19. . 22. so as to entitle an avow-
and C. might maintain trover for it ant to double cofts. Leominster Ce-
against the

latter. Haille v. Smith in nal Company v. Cowel and Another, H.
Error, M. 37 Geo. 3.
563 38 Geo.3.


8. Nor is any rent charge. Page 213

9. The Court set aside a judgment and 1. The Court will not refuse leave to en-
warrant of attorney, given to secure .

ter a suggestion under the 22 Geo. 2.
an annuity for a defect in the memo-

c.47. on the ground that a Court of
rial without costs, because it was Conscience has no authority to try a
the case of an executor. Dickenson,

question of bankruptcy. Keays. Rigg,
Executor, fc.v. Boyne, M. 39 Geo. 3. É.37 Geo.3.

Page 1
335 2. A Defendant is not liable to be sued
10. A. fued as executrix of B. on a po- in the county court for a debt not
licy effected by A. in his life time, in

arising within the county, though he
which he was jointly interested with be refident therein. And a fuggef-
C. and D. now living; A. being non- tion applied for on the ground of reli-
suited, held that the was entitled to

dence was refused. Smith v. O'Kelly,
the privilege of an executrix to be

T. 37 G.3:

exempt from costs. Wilton, Execu-


The jurisdiction of the Court of Con-
trit, v. Hamilton, T. 39 Geo. 3. 445 science does not extend to contracts

made on the high seas. M'Collas
v. Carr, E. 38 Geo. 3.

See PAYMENT, No. 1.

4. The Court will not allow a fuggeftion
Party Wall, No. 2.

for double costs under 23 Geo.2. C-33.

where the original debt being above
1. If a lease for ninety-nine years, deter-

408. has by a balance of accounts been
minable on three lives, be conveyed

reduced below that sum. ib.
in trust for A. for life, and B. cove-

5. If an attorney fue as a common per-
nant to use his utmoft endeavours as

fon, the Court will give the Defendant
often as any of the persons on whose

leave to plead that the cause of action
lives the premises are held Thall die,

arofe within the jurisdiction of the
to renew the same by purchasing of

Court of Requests, together with other
the lord of the fee a new life, in the

matters. Taggv. Madan, H. 37 Geo.z.
room of such as shall fail, it is no

breach of the covenant, if upon one of
the lives falling, he procure a renewal

upon his own life. Scudamore and

See EVIDENCE, No. 8.
Others v. Stratton and Others, T.

39 Geo. 3.

2. Performance pleaded otherwise than

1. It seems that a cuftom for the homage
in the terms of the covenant is bad

to assess a compensation in lieu of a
even on general demurrer. ib. ib. heriot to be paid by an in-coming
3. Under a covenant by a leflee of a copyholder on surrender or alienation
coal-mine to pay a moiety of all such

is not good. Parkin v. Radcliffe, T.

fums of money as the coals there 38 Geo. 3.
raised thall fell for at the pit's mouth,
the lessee was held liable to pay a

moiety of the money, which the coals,

though fold elsewhere, would have
produced at the pit's mouth. Clifton

v. Gerrard, H. 36 Geo. 3. (Reversed
on error, 7 Term Rep.676.)


See COMPOSITION, Deed of, No. 1.

LEASE, No. 1.
See Bail, No. 2.

DE INJURIA, &c. Plea of,

See PLEADING, No. 9, 10, 11, 12.



any of them her share to go to her
See Executor and ADMINISTRATOR,

firit and other sons in tail, and for de-
No. 1.

fault of such fons, to her daughters as
tenants in common; in case of



the seven lifters dying without issue, or

luch iflue dying under twenty-one, the
See Way Right of, No. I.

surviving filters to take her ihare, and
1. Lands usually occupied with a houte if all the fifters should die without issue,
will not pass under a devise of “

or such issue die under twenty-one, then
messuage with the appurtenances," un- over; held that the words for “ default
less it clearly appear that the teftator of such sons," did not make the re-
meant to extend the word “ appur- mainder to the daughters contingent,
tenances,” beyond its technical sense.

which took effect notwithstanding the
Buck d. Whalleyv. Nurton, T.37 Geo.3. birth of a fon. Doe d. Dacre v. Dacre,

Page 53

E.38 G.3. (Affirmed on error in K.B.
2. But if that do appear, they may pass. 8 Term Rep. 112.). Page 250



Teftator devised in fee to P. D. his
3. The word "appurtenances" will carry brother for life, and after his decease
orchards. ib.

ib. to G. P. his neice for life, then to
4. A. devised all his freehold and leare-

trustees to preserve contingent re-
hold estates “ to B. and the issue of

mainders, and after the decease of
her body as tenants in common, but in P. D. and G. P.“ in truft for the use
default of such issue, or being such if of the first son of G. P. and his heirs,
they should all die under twenty-one and for want of such issue to the other
and without leaving issue" then over; fons of his neice, and their heirs in suc-
held that all the limitations subsequent ceffion, and

for want of fuch issue male,
to that to B. being contingent, the then to the daughters of G. P. and for
remainders in the freehold were barred want of such iffue over; held that the
by fine and recovery, but that the leafe-

words for want of such ilue male,
hold vested in the remainder-man on the made the remainder to the daughters
death of B. without issue. Burnfall v. contingent, and that it was therefore

Davy and Others, H. 38 Geo.3. 215 defeated by the birth of a fon. Keene
5. Testator devised “ all his freehold d. Pinnock et ur. v. Dickson, B. R.
leasehold, &c. estates” to A. in fee, M.23 Geo. 3.

254 n.
provided that if B. Thall have “any fon 8. Devise to S. N. son of T. and M.N.
or fons," then “to such male issue as B. for life, remainder to trustees to pre-
thall have when A. attains twenty- ferve contingent remainders, remain-
one,” but A. to have the rents and der to the first and other fons of S.N.
profits of the estates till he attains and their heirs male ; for default of
twenty-one : by a subsequent clause he such issue to the use of the daughters
gave “ all the residue of his real and of T. and M. N. and for default of
personal estates whatfoever, not before

Such issue to the use of the right heirs
disposed of to A. his heirs, &c. for of T. N. for ever; held that the word
ever.” B. had one fon who died be. “ such” referred to the daughters of
fore A. attained twenty-one, and a T. and M. N. before-mentioned only,
second who was born three weeks and reftrained the limitation to them to
after that period. Held that the first an estate for life. Denn d. Briddon
son took nothing, but that the second et ux. v. Page and Another, B. R.
took an eftate in tail male. Whitelocke, M.23 Geo. 3:
Administrator, &c. v. Heddon and 9. A. after giving a life estate in certain
Others, E. 38 Geo. 3.

copyholds to B., devised as follows:
6. Devise to the teftator's seven fifters, "All the rest of my lands, tenements, and
share and share alike; on the death of


261 n.


hereditaments, either freehold or copy- the circumstance of the conveyance of
hold, whatsoever and wherefoever, and that estate to the trustees being merely
also all my goods, &c. after payment of for the purpose of creating a term to
my just debts and funeral expences, I secure the wife's jointure. Goodtitle,
give, devise, and bequeath the same d. Holford and Others v. Otway, M.
unto my wife S. C.” held that under

37 Geo..

Page 576
this devise s.C. took a fee. Denn d.
Mellor v. Moor in Error, M. 37 Geo.3.


Page 558 1. Affumpfit against three; two pleaded
10. A. feised in fee of the manors of a debt of record by way of set-off; the

Stanford, &c. and also of the manors of Plaintiff replied nultiel record, and gave
Swinford and South Kilworth, entered

a day to the two Defendants, but en-
into marriage articles to secure a join- tered no fuggeftion respecting the
ture to his intended wife


third; held on demurrer, that the ac-
above estates, and to make provision tion being discontinued, judgment muft
for younger ehildren, and agreed to be given against the Plaintiff, even
fettle the Stanford estate upon his eldest though the Defendants' plea were bad.
fon in strict settlement, subject to part Tippet and Others v. May and two
of such jointure and provision. He Others, E. 39 Geo.3.

then devised those eftates in case he
should happen to die without issue, and

subject to fuch jointure as he might See Practice, No.4. 15.
make, to the lessors of the Plaintiff for
five hundred years upon the trufts there-

1. If a diftringas be returnable, on the

last day of Term, the Plaintiff at the
in expressed. Afterwards by separate
deeds of lease and release, he conveyed,

rising of the Court may move to in-

create issues on the alias or pluries di
first, the Stanford eftate, to trustees in
fee, to the use of himself in fee till the

tringas to be issued thereupon on the

following day, in cafe no appearance
marriage, with divers limitations in

shall then have been entered. Reg.
pursuance of the articles, and subject

Gen. Trin. 38 Geo.3.

to a term of five hundred years for fe-

2. Sowhere iflües have been levied on fuch
curing part of his wife's jointure to the
use of himself in fee; fecondly, the

diftringas, he may at the rifing of the

Court, move for leave to sell the issues
Swinford and South Kilworth estates
to trustees in fee to the use of himself

to pay the costs of the diffringas. ib. ib.
in fee till the marriage, to the use and
intent that his intended wife thould

take the other part of her jointure there. See Market, No. 1, 2.
out if she survived him, and after his TOLL.
death, remainder to trustees for five
bundred years to secure such jointure,

remainder to himself in fee. He after-
wards married and died without issue.

Held that the will was revoked as to
both estates by the deeds of settlement,

though they were consistent with the ILLEGAL CONTRACT, No.5.
provisions of the will, and though the 1. The exclusive right of trading to the
devisor took back the eftate, he parted East Indies granted to the East India
with by the same inftruments. Goodtitle Company by 9810 Will.3. has never
d. Holford and Others v. Otway, M. been put an end to, and every infringe-
37 Geo.3.


ment of it is a public wrong. Camden
11. Held also, that the latter eftate was and Others v. Anderson in Error, E.
not excepted from this revocation by 38 Geo.3


2. Though

Page 49


2. Though such parts of 9 & 10 Will. 3.

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 fays, that “ no acts, or parts NEW TRIAL, No. 3.
of acts thereby repealed, shall be

pleaded or set 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
ships trading to the East Indies in con-

charge in a subíequent 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 Gco.3.
derfon in Error, E. 38 Geo.3. 2. In an action on an attorney's bils, the

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.
Pritchett, E. 38 Geo.3.


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. S. was arrested " under a writ in.
upon a tenant, and his landlord be ad- dorsed for bail by virtue of an affidavit
nitted 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 possession of. Fenn d. part of the averment was unnecessary,
Blanchard v. Wood, M. 37 Geo.3. 573

Webb v. Herne and Another, Sheriff of
Middlesex, T. 38 Geo.3.


4. Secus if the declaration only state that

a writ was sued out, indcrfed for bail.
Semb. ib.

1 282

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 existed and been

abandoned without proving the speci-
See New TRIAL, No.1.

fic contract. Walker v. Constable, T.

38 Geo.3

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
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, Executris v. Kerr, M. 39 Geo.3.
1. If a theriff's officer having taken a

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 substi-
fore he take him to prison, it is an tuting a mark with a pen for a feal, be
escape. Benton v. Sutton, E. 37 Geo.3. admillible 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



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