Page images

brought by him before admittance 12. Persons dwelling near a steamupon a demise laid between the engine, which emitted volumes of time of surrender and admittance. smoke, affecting their breath, eyes,

Page 208

clothes, furniture, and dwellingCOPYRIGHT.

houses, and prosecuting an indict

ment for it, are parties grieved, enThe 8 Anne, c. 19. s. 5. makes it ne titled to have their costs taxed un

cessary for the printer of a book, der the stat. 5 W. & M. c. 11. s. 3., composed after the passing of the

upon removal of the indictment by act, and published for the first time

certiorari from the sessions into this after the composition, which book court by the defendants, and their is printed and published with the subsequent conviction.

The King consent of the proprietor of the v. Dewsnap, T. 52 G. 3. Page 194 copyright, to deliver a copy, upon

the best paper to the warehouse-
keeper of the Company of Sta-

tioners for the use of the library of 1. Under a covenant by a tenant for
the University of Cambridge, not-

the payment of 801. yearly rent, all withstanding the title to the copy taxes thereon being to him allowed ; of such book, and the consent of and also that he would pay all furthe proprietor to the publication, ther or additional rates on the prebe not entered in the register-book

mises, or on any additional buildof the said Company.


ings or improvements made by him ; University v. Bryer, M. 53 G. 3. 317

and a covenant by the landlord to CORPORATION,

pay all rates on the premises or on

the tenant, in respect of the said See Essoign, 1.

yearly rent of 80l., except such Trover lies against a corporation ;

further or additional taxes as may and if it be essential to their con be assessed on the demised premises ; version of the property, (i. e. in this the tenant is bound to defray all instance the detainer of bank-notes increase of the old as well as any by the governor and company

of new rates, beyond the proportion the Bank of England,) that they at which the premises were rated at should have authorized it under the time of the deed, which was their seal, such authority will be 201. in respect of the 801. rent. presumed after verdict : but it does Graham v. Wade, T.52 G. 3. not seem necessary that the act of 2. Covenant by lessee that he will at detention, done by their servants all times during the term plough, within the scope of their employ sow, manure, and cultivate the dement, should be authorized under mised premises (except the rabbittheir seal. Yarborough v. The Bank warren and sheep-walk) in a due of England, T. 52 G. 3.

6 course of husbandry; if lessee plough

the rabbit-warren and sheep-walk, COSTS. covenant lies against him.

Duke of

St. Albans v. Ellis, M. 53 G. 3. 1. Where a noli prosequi is entered on

352 any of the counts in a declaration,

DEVISE. there is no rule for allowing costs on such counts. Hubbard v. Biggs, 1. Under a devise, to the son of the T. 52 G. 3. 129 testator, of the residue of the testa



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tor's estates, &c.; but in case he equally divided between them, share should die under 21, or (which is to and share alike, and to the survivor be read and) should leave no issue of them and their children: Held male or female, then to the testa that the children of S. K. took an tor's daughter surviving, and her absolute interest in the premises, heirs male or female ; but in case share and share alike, subject to a his son and daughter should both survivorship between them for life. die, leaving no issue, then to his Doe d. Gigg v. Bradley, M. 53 cousin and his heirs ; the son takes G. 3.

Page 399 a fee with an executory devise to 5. Devise of testator's burgage house the daughter, upon the event of his (being burgage held of a dying under 21, and without leav where there is no custom of entailing issue; with another executory ing) to his wife for life or until mardevise over.

Right d. Day v. Day, riage, and after her decease or marT. 52 G. 3.

Page 67

riage to R. C. his younger son for 2. Where the testator, after several and during the term of his natural

bequests of stock in the 4 per cents., life, and after the decease or mardevised all the remainder in the riage of his wife, and also after the above stocks with my freehold pro decease of his son R. C. unto the perty to M. S. : Held that M. S. heirs of the body of R. C. lawfully took a fee in the real estate. Roe begotten or to be begotten, equally

d. Shell v. Pattison, M. 53 G. 3. 221 amongst them as shall then be living, 3. Devise of all the testatrix's real share and share alike, (there being

estate to her cousins, M. A. and A. I. • not any child of R. C. then born,) (who were females) their heirs and and in case R. C. die without issue assigns for ever, subject to certain lawfully begotten or to be begotten, annuities (inter alia,) one to her after his decease, remainder over : brother A., (her heir at law,) and Held that R. C. took either an another to her sister S., and their estate of inheritance in the nature children, for life; and the testatrix of an estate tail, or an estate for life charged her real estate therewith, with a contingent remainder to his and directed that the surplus profits children, depending on the event of should go to A. for life, remainder to there being a child born and living his children for life, remainder to at the death of R. C.; and that in S. for life, remainder to the sur either case, the child of R. C. was viving children of her brothers and barred by the freehold of the lord sisters for life, but gave no directions becoming united, by a deed of enas to the remainder in fee: Held that franchisement, in the owner of the M. A. and A. I. took the re customary estate, who derived title mainder to their own use, although by conveyance from R. C. after his they also took legacies under the estate came into possession. Roe and that there was no result d. Clemett v.

Briggs, M. 53 G. 3. ing use to the heir at law.

Possession of the cestui que trust not adverse to the title of the trus

DRAWBACK. tees. King, M. 53 G. 3.

283 The shipper of beer, on which the 4. Devise of a tenement, of which duty has been paid, which is shipped

testator was possessed for the re for exportation to the West Indies, mair.der of a term of years, to his is entitled to take the oath apdaughter S. K.'s children, to be pointed by 33 G. 3. c. 54. s. 4. in


will ;


Smith v.

order to obtain a drawback upon debt under the commission is no such beer, without being subject to proof of the petitioning creditor's any

deduction out of such draw. debt, either against the sheriff or back, in respect of the quantity of such execution creditor. Rankin v. beer to be charged in the victual Horner, T.52 G. 3.

Page 191 ling bill of the master, for the con- 2. In an action on 2 and 3 Ed. 6. by sumption of the voyage, on which the plaintiff, as owner of tithe-hay, no drawback is allowed ; and there against the defendant, as occupier fore the Court granted a mandamus of a close, for not setting out the to the collector of the excise to ad tithe, copies of a bill and answer, in minister such cath. Rex v. Cook a suit by the vicar for tithe-hay son, M. 53 G. 3.

Page 376

against S. L., then occupier of the

close, and from whom defendant EJECTMENT,

purchased, denying the vicar's right, See COPYHOLD, 2.

and setting up a right in the ancesThough a purchaser for a valuable tor of plaintiff, on which the vicar consideration may recover in eject

abandoned the suit, were holden ment against one who claims only

evidence against the defendant. under à voluntary settlement, of

In favour of uninterrupted enwhich such purchaser had notice :

joyment by the perception of titheyet it seems that the inadequacy

hay by plaintiff and his ancestors, of consideration for such purchase is

although an endowment of the vimaterial if it extend so far as to

carage in 1253 with the said tithe shew that it was not made bona be shewn, it shall be presumed that fide, but merely colourably, to get

the tithe came into lay-lands before rid of the first settlement, and make

the restraining statutes. Countess of another, which was also in truth a

Dartmouth v. Roberts, M. 53 G. 3. voluntary settlement. Doe d. Parry

334 v. Jumes, M. 53 G. 3.

212 3. Assumpsit against the defendant as

acceptor of a bill of exchange, and ESSOIGN.

upon an account stated, evidence

that the defendant acknowledged There is no essoign in a personal action, nor can be cast by a cor

his acceptance, and that he had poration.

been liable, but said that he was Argent v. The Dean and Chapter of St. Paul's, T. 52 G. 3.

not liable then, because it was out

of date, and that he could not pay 8 in not.

it, it was not in his power to pay EVIDENCE,

it, was held sufficient to take the

case out of the statute, upon a plea See CHARTERPARTY. COPYHOLD, I. of actio non accrevit infra sex anLEASE, 2. TITHES, 1.

nos. Leaper v. Tatton, M. 53 G. 3. 1. In trover by the assignees of a

420. bankrupt, against the sheriff and an 4. The plaintiff may declare on the execution creditor, where the de original promise, although he refendants had given notice under the lies on the subsequent promise to stat. 49.G. 3. c. 121. that they in take the case out of the statute of tended to dispute the petitioning limitation.

Ibid. creditor's debt; proof by the plain

EXECUTION. tiffs that one of the defendants, the If judgment be entered up for the execution creditor, had proved his penalty of a bond given to secure an



annuity, and the defendant be taken took it up after it

killed. in execution thereon, when the war. Lewis v. Taylor, T. 52 G. 3. rant of attorney under which such

Page 49 judgment was entered up only authorized the taking out execution

HIGHWAY, for the arrears, the Court will set

See ACTION ON CASE, 2, aside the execution in toto, and not merely charge the defendant pro


FROM. tanto. Tilby v. Best, T. 52 G. 3.

Page 163 1. A protection from the impress serEXTENT.

vice, granted by the favour of the

board of admiralty, though for a 1. Where goods were taken in execu certain time, may be set aside at

tion by the sherift on a fi. fa., and pleasure, whenever in their judg. whilst they remained in his hands un ment the exigency of the public sold, an extent came at the king's service requires it : and it matters suit tested after the entry of the not that the impress warrant is of sheriff under the fi. fa.; and the a prior date to such protection. sheriff thereupon seized the said Herbert's case, T. 52 G. 3. 165 goods subject to the former seizure, 2. The Court discharged a mariner and afterwards sold them under a who had been impressed out of a venditioni exponas issued upon such fishing smack; he having had an extent, and paid over the proceeds of

impress protection granted to him such sale by order of the Court of by the board of admiralty, under Exchequer : Held that at all events, the directions of the stat. 50 G. 3. without determining whether the c. 108., though by the accident of king's extent was under the cir.

the vessel's sailing before it reached cumstances entitled to priority, the him, he had it not to produce to plaintiff could not maintain money the impress officer at the time, as had and received against the sheriff he ought to have had, which warfor the proceeds of such sale. Thur ranted the officer in impressing him : ston v. Mills, M. 53 G, 3. 254

and though the master had after2. Goods seized under a fi. fa. at the wards received a greater number of

suit of a subject are before sale liable mariners on board than were deto be taken by virtue of the king's scribed in the act. Pratt's case, extent, tested after the delivery of T, 52 G. 3.

167 the fi. fa. to the sheriff. Wells and Allnutt, M. 53 G. 3. 278


See APPRENTICE, 2, 3, 4, 6. Bills GAME.

op Exchange, 5. An unqualified person going out with

INDICTMENT, the qualified owner of greyhounds to course a hare, which was killed

See Costs, 2. by the dogs, is not liable to the 1. Indictment against a county for penalty of 51., given by stat, 5 Ann. not repairing a bridge. Plea, that c. 14, for using a greyhound to kill J. S. is liable ratione tenuræ. The game; although he took an active plea not sustained by evidence that part in the sport by beating the The estate of J. S. was part of a bushes in order to find a hare, and larger estate, which part J. S. pur


Rex v.

chased of the former owner, who goods on board the ship; it appearing retained the rest in his own hands, that the underwriter was informed , and as well before the purchase as at the time that the goods were

since has repaired the bridge. But loaded on board at Gottenburgh ; where in such case the county was and that part of them were landed found guilty, the Court gave leave and reloaded at Landscrona, so as to stay the judgment upon payment to enable the custom-house officers of costs until another indictment there to ascertain the qualities of was preferred in order to try the the whole, and to adjust the duties; liability. Rer v. Inhabitants of Ot and the policy being free of average. fordshire, M. 53 G. 3. Page 223

A mere representation that the cargo 2. The 49 G. 3. c. 84. appoints trus was Swedish, and neutral, which

tees for taking down the old and was true in fact, though contradictbuilding a new bridge over the river ed by the French sentence of conTone, and empowers them to take demnation, was no objection to the tolls, and that it shall be lawful for plaintiff's recovery; nor the want them, out of the monies received, of documents as Swedish property, to build a new bridge, &c., and required only by French ordinances. vests the property in the old and The exclusion of the British flag new bridge during the continuance from Swedish ports, not appearing of the act in the trustees, and that to be by French control, and Sweas soon as the purposes of the act den not being a co-belligerent with shall be executed, then and from France, was held not to be within thenceforth the tolls shall cease, and the prohibition of the order in counthe bridge, &c. shall be repaired by cil of the 7th of January 1807. such persons as are by law liable to Nonnen v. Reid. The same v. Kettlerepair the old bridge: Held that well, T. 52 G. 3.

Page 176 during the time the trustees were 3. Where the ship was wrecked, but engaged in executing the powers of the goods were brought on shore, the act, and before they had com though in a very damaged state, so pleted them, the county was not that they became unprofitable to liable to repair the bridge. Rex v. the assured : Held that the underThe Inhabitants of Somersetshire, M. writers on the goods, who were 53 G. 3.

305 freed by the policy from the par

ticular average, could not be made INSURANCE,

liable as for a total loss by a notice

of abandonment. Thompson v. Royal See LICENCE, 1, 2.

Exchange Assurance Company, M. 1. Joint owners of property insured 53 G. 3.

214 for their joint use and on their joint 4. An insurance may

be effected on account, cannot recover

upon a profits generally without more decount on the policy, averring the scription, and engrafted upon a pointerest to be in one of them only. licy on ship and goods in the comBell v. Ansley, T. 52 G. 3. 141

mon printed form for a certain 2. The plaintiff was entitled to reco voyage ; with a return of premium

ver a loss of goods insured at and for short interest : the assured provfrom Landscrona to Wolgast; though ing an interest in the cargo. Eyre they were shipped at Goltenburgh v. Glover, M. 53 G. 3.

218 before the ship arrived at Landscrona, 5. Policy on goods at and from G. to and though the policy was declared any port in the Baltic, beginning to be at and from the loading of the the adventure from the loading


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