- [App. (393).] Vines v. Reading Corporation - 791

· [App. (393).] | Walker a. Sir Oswald Mosley 789,

ADDENDA.

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718. n. (g) add “The honor of Knaresbrough in Yorkshire is a peculiar. See a recent interesting publication of the customs of the Forest of Knaresbrough."

783. n. (a) add 2 Cr. & Jerv. (Ex.) 302, in Att. Gen. v. Parsons."

791. n (e) add "And see as to the distinction between toll-traverse and tollthorough, Lord Pelham v. Pickersgill, 1 T. R. 660. Lord Falmouth v. George, 5 Bing. 286."

794. n. (b) add " And the right will not pass de novo, merely by the general words of free warren, &c.' Carr v. Smith, cited 2 Cr. & Jerv. (Ex.) 294, in Att. Gen. v. Parsons."

795. n. (b) after 5 Co. 104. a. add "And see as to the effect of the words' And to have free warren in all demesne lands in the manor, &c.' Att. Gen. v. Parsons, 2 Cr. & Jerv. (Ex.) 279. In that case (p. 308) Lord Lyndhurst, C. B., in delivering his very able judgment, said, Though the word 'demesne' may in some cases be applied to any fee-simple lands a man holds, yet it is more correct and usual to apply it to the lands of a manor, which the lord of that manor either actually has, or potentially may have in propriis manibus."

799. add “The qualified common law right of the public to use the sea and the sea shore, does not extend to the right of bathing in the sea. Blundell v. Catterall, 5 Barn. & Ald. 268."

811. n. (b) add "But see per Bayley J. 3 Barn. & Cress. 686-7, in Rex v. Mayor, &c. of West Looe. Vide also post. p. 825, n. (c).”

818. After the words' quarter sessions,' 6th line, add (as a note) “ Vide 1 Ed. 4. c. 2. [Appendix (477).] Post 825. n. (a).”

830 n. (a) add "It was held in Green v. Davies, 3 Barn. & Ald. 60, that under a custom for a court of pleas in a borough to be held before the steward and port reeve, or their sufficient deputy or deputies, the court might be held by a person appointed to act as deputy by one in whom both offices were united, such offices not being incompatible."

849. n. (a) [Deputy Steward] add "It is only when the office is purely ministerial that the duties may, as a thing of course, be performed by deputy, and the deputy though he may act in his own name, except in special cases, should act in the name of his principal Com. Dig. Officer D. 5. Ante, pt. 1. p. 146. N. B. Under a grant of a franchise all writs should be returned by, or at least in the name of, the Principal, unless the grant contain a special provision authorising the return to be made by the grantee of the liberty, by his or their bailiff or bailiffs, as in Newland v. Cliffe, 3 Barn. & Adolp. 647."

868. [Hayward] add (as a note) "It is however established in some places as a public annual office, conferring a settlement. Rex v. Inhab. of Whittlesea,

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4 T. R. 807. The Hog-ringer is a public officer, but the Pinder is not necessarily so. Rex v. Inhab. of Clixby, 4 Barn. & Adolp. 155. (16.) [Appendix] At the end of the note on the nature, &c. of essoins add "In a very recent case the Demandant in a writ of right having signed judgment of non pros, after giving a more distant day for adjourning the essoin than by law he was intitled to give, the judgment was set aside as irregular, the court recognising the rule, that it is incumbent on the plaintiff to adjourn the essoin where the defendant has cast one regularly, on pain of being nonprossed for his neglect. Tr. Term. 1833. Twyning Demandant; Lowndes Tenant, 10 Bing. 65.”

(425). [Hayward's Oath.] n. (a), add "being chosen by the jury under an ancient usage, and it is then considered as a public annual office, conferring a settlement, like the office of Hog-ringer. Rex v. Inhab. of Whittlesea, 4 T. R. 807. Rex v. Inhab. of Clixby, 4 Barn. & Adolp. 155."

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313 n. (a) [1st VOL. Extrinsic Evidence] add “ Ante, p. 180. n. (d). And see Harris v. Bp. of Lincoln, 2 P. W. 137. Beaumont v. Fell, ib. 141. Amb. 175. n. 1. Thomas v. Thomas, 6 T. R. 676. Careless v. Careless, 1 Meriv. 384. Doe & Huthwaite, 3 Barn. & Ald. 632. Doe & Westlake 4. ib. 57."

372. [1st. VOL. Bankruptcy]. last line, add (as a note) "It was decided in Lloyd v. Lander, 5 Madd. 283, that a bankrupt is not a necessary party to a bill of foreclosure, an equity of redemption of copyhold being potentially vested in the assignees, although no bargain and sale be made to them."

590. [1st VOL. Evidence.] After the judgment of Lord Ellenborough in Doe & Hall add "It has been lately decided that the provisions of the 48 Geo. 3. c. 149 are merely revenue regulations, and were not intended to vary the rules of evidence; and that an examined copy of the court roll is evidence of a surrender made out of court. Doe d. Cawthorn v. Mee, 4 Barn. & Adolp. 617. S. C. (Hawthorn v. Mee.) 3 Nev. & Mann. 424."

ERRATA.

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725, n. (d), for Roe v. Staverton, read Rex v. Staverton.

752, n. (b), for 457 read 147.

Ib., n. (d), for Kitch. 117, read Kitch. 146-7.

798, n. (a) for Churchwarden read Churchward. (28), [Appendix] line 21, for devise read demise.

(396), [Ib.] for Doe d. Roberts, read Doe d. Leach.

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125, [1st. VoL.] line 16, for it should certainly seem, read it has been thought.

433. [1st VoL.] line 11, for assessed, read assised.

486-7, [1st. VoL.] for Chalk v. Danvers, read Clark v. Danvers.