Gambar halaman

the duty paid for it; and the stamp licence to colle&t the toll. But if such used was of the fame descripcion, and tolt had been leased to him under seal of the duty appropriated to the same fund, the corporation, semble that he would as if four guineas only had been inserted have gained a settlement by residing for and paid for, supposing that wouid have 40 days in the fame parih where the fufficed. Rex v. I he Inbabitants of Keyn.

market was. Rex v. The Inbabitants of foram, T. 44 G. 3.

309 Chipping-norton, T. 44 G. 3. . 239

2. One may gain a settlement by renting a By Estate.

tenement of above icl. a.year in the One who is resident on an estate granted parish where he refided, though such

to him for lives, in consideration of owo residence be in á turnpike-house, as fer. guineas fine and iso rent, cannot be vant to the collector for whom he re. removed therefrom, though actually

ceived the toits ; for the geactal torn. chargeable. But semble he cannot gain pike a 13 G. 3. c. 84. 4. 56. only says a settlement by 40 days' residence as on that "

no gate-keeper or person rente bis own eitate under the stat. 9 G. 1., ing the rolls and refiding in i be roll-beuf the confideration being under 301.

Tall thereby gain a retilement, 1. a. by Rex v. The Inhabitants of Mariley, E.

such taking of the toll-houle or renting 44 G. 3.


the tolls. Rex v. The Inhabitants of Denbigh, T.44 G. 3.

333 By Evidence of Relief.

SHARE, The Seslions having decided in favour of

See DEVISE, No. 5. a settlement in A. by which the pauper's father was proved to have been

SHIPS. relieved while resident in another parish 40 years ago, and before the pauper's 1. The ship regisier acts do not apply to a birth; and the only evidence to oppose transfer of property by operation of this being that of the pauper's own birth law, such as from the commillioners to in B. this Court confirmed the order the allignees of a bankrupt. Bloxam of Sefions on a case reserved. Rex v. Knight and O:kers, Alignees of Ward, a The Inbabitants of Wakefield, T. 44 Bankrupt, v. Hubbard, T. 44 G. 3. 407

335 2. Under the ship regiiter acts 7&SW.3.

c. 22. f. 21., and 26 G. 3. c. 60. /. 3, By Hiring and Service.

4, 5. 16., and 34 G. z.s. 68. f. 15, 16. Where nothing is said in a contract of in order to make title to a hip ioid at

hiring about time but a reservation of sea, whether in whole or in part, such weekly wages, it is a weekly biring only. sale must be acknowledged by indorseTherefore where the contract was for ment of the certificate of registry in tbe the servant to live with his master, the manner therein described, and a copy latser finding him board and lodging, of such indorsement be delivered by the and paying him 25. 01. per weck, no fet. vendee to the persons authorized to tlement could be gained by Tervice for make registry, (which officers are diritt. more than a year under such contract. ed to make an entry thereof, co be inRex v. The Inhabilants of Pucklechurchin dorsed on the oath or affidavit upon 7.44 G. 3.


which the original certificate of registry

was obtained, and to make a memoranBy taking a Tenement.

dum in the book of regitters, and to give 3. Where a corporation, by a verbal agree. notice thereof to the commisioners of

'ment with a pauper, leased to him the the customs ;) and it is not fufficient for 'colls of a market for above 101. a-year; the vendee to register such ship de novo held that he could not gain a settlement in another port where he refided though thereby, as no interest could pass from he removed the ship thither, and he a corporation but under their feal; never returned to her original port after therefore he had no more than a mere the sale.


G. 3•

Henry VIIT.

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251. 3


Edward I. Slanderous words must be understood by 6. C. 1. (Stat. of Gloucester. Corts.) the Court in the same sense as the rest

262 of mankind would ordinarily understand them. Therefore where one said of

23. c. 15. (Cofts.)

ib. another that " his character was infamous ; that he would be disgraceful to any

James I fociety; that those who proposed him a

4. c. 3. (Colts.)

id. member of any fociety must have intended an infult to it; that he would publish his

Charles II. {name and infamy; that delicacy forbad Joim from bringing a direct charge, but it 13. ft. 2. 2. (Costs in error.)

545 was a MALB child who complained 1019.c.6. (Leases for lives.)

42 bin;" such words were understood to

22 & 23. c. 9. (Costs. Certificate.) 489 mean a charge of unnatural practices, 29. C. 3. 5. 4. (Statute of Frauds.) and safficiently certain in themselves to be actionable, without the aid of an in

Willian and Mary, and William, nuendo to that purpose, which it was 1. c. 18. f. 13. (Toleration act.) 294 admitted could not enlarge the sense. 7 & 8. c. 22. (Ship register.) 407 And held that such words could not be 9 & 10. c. 15. (Awards.) 21. 189 juftified by any plea naming for the first time the person from whom the defend

Anna. ant heard the complaint. Woolneth v.

4. c. 16. f. 4. (Cofts.) Meadows, M. 45 G. 3.

8. c.9.). 35. 39. (Stamps.)


George I.
9.6.7. S 5. (Settlement.)

40 1. c. 4. 5. 6. Corporate election.) 372 STAMPS,

George II. Where a fum agreed to be given with an apprentice was five guineas, which was

5. 6. 30. (Bankrupts.)

407 inserted in the indenture, and the duty

7. c. 8. f. 6. (Stockjobbing.)

107 paid accordingly, by stat. 8 Ann. 6. 9.; 13. 6.17. (Apprentice impressed.) held well; though'in fact only tour 17. 6. 5. (Vagrant act.)

339 guineas were paid; for the full fum re- 24. C. 44, 4:6. (Justices of peace and

contables. Action.) ceived, given, paid, agreed, or contracted

233. 445 for, as required by the act, was inserted, and the duty paid for is; and the stamp

George III. used was of the fame descriprion, and

7. G.

Stone boufe bridge a&.) the duty appropriated to the same fund, 10. c. ( Leeds and Liverpool canal as if four guineas only had been inserted


325 and paid for, supposing that would have 13. c. 84. 8. 56. (Settlement. Turnfufficed. Rex v. The inbabitants of Keyn.


333 fam, T. 44 G. 3.

26. c. 60.' (Ship register.)

407 33. 6.52. %. 62. ( East India Com. STATUTES.



c. 06. (Prize.) The construction thereof, though relating 34. c. 63. (Ship register.)




407 to matters of an ecclefiaftical nature, 39. c. 69. ). 184. West India Dock belongs to the superior courts of com- Company. . Notice.)

115 mon law. Gould v. Gapper, T. 44 6. 79. (Printers.)

313 345

39 & 40.

G. 3•

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STOPPING IN TRANSITU. 39 & 40. C. 104. (London Court of ever inconsistent ivith an allegation subRequests.)


jequent. Rex v. Stevens and 4 new, 41. c. 23. 5. 6. (Poor rate.) ).

1. 4+ G. 3

244 43. c. 55. (Compensation for lands taken by government.)


STOPPING IN TRANSITU. c. 163. (Prize.)

30 Where A. and B., traders living in Lon

don, were in the courle of ordering goods STOCK.

of the defendants, co:ton inanufacturers 1. In an action on the case for pot ac

ar Manchester, to be sent to M. and Co. cepting stock agreed to be transferred

at Hull, for the purpose of being after

wards sent to the correspondents of A. on request, an averment that the plaistiff was really and willing to transfer,

and B. at Hamburgh; and on the gift of

Marcb A. and B. Tent orders to the deand requested the defendant to acrepe the stock, which he refused, can only be

fendants for certain goods to be sent to satisfied by thewing an actual tender

M. and Co. at Hull, to be shipped for and refusal, or that the plainuff waited

Hamburgh as usual : held that as beat the Bank on the day when it was an.

tween buyer and seller the right of the derstood that the transfer was to be

defendants to stop as in tranf!u was at made until the close of the transfer

an end when the goods came to the por. books, which was the latest time when

letlion of M. and Co. at Hull; for they the transfer could be made, Bordonave

were for this purpose the appointed v. Gregory, E. 44 G. 3.


agents of the vendees, and received 2. Sembie, thac in such an action it is not

orders from them as to the ulterior dela

tination of the goods; and the goods, neceffary by the stat. 7 G. 2.6. 8. 5. 6. for the plaintiff to shew that he tranf.

after their arrival at Hull, wire to re.ferred the stock to another at the next

ceive a new direction from the vendees. possible transfer day afrer defauls made But it was competent for A. and B., by the original contractor, provided the

who became insolvent some time in Ju. stock were transferred before the action

ly, but committed no act of bankrupicy

till the 26th of September, to agree brought: though, if the plaintiff might have obtained more for the stock by a

borà fide, and not from motives of vofale on aqy intermediate day between

luniary and undue preference, to give the original default and the actual sale, up the goods to the defendants in the that will go in reduction of the da

latier end of July. and held that the

circumftances of the bankrupts having mages sustained by the plaintiff by such default.


called a meeting of their creditors, and 3. In another case of the same kind, the having taken legal advice, and being evidence being that the lock was con.

encouraged by the result of such meet. tracted to be transferred on a certain

ing and advice to give up the goods, day, and the averment in the declaration

was evidence for the jury to find that being the fame as in the above case, that the goods were given up bonâ fide, and it was to be transferred on request, the

not tiom any molive of voluntary and Court said, that if the objection had

undue prelerence to the defendants ; been taken at the trial there must have

though done by the bankrupts in a fitubeen a nonfuir. Bordena:ve v. Barlleit,

ation of impending bankruptcy at the time; the defendants, at the time of

luch giving up of the goods by the SURPLUSAGE.

bankrupts, holding poffeffion of the

goods upon a claim of right to ftop An allegation in pleading which is feng

them in transitu. Dixon and Olbers, ble and confiitent in the place where it

Alignees of Barrier and Son, Bankrupis, occurs, and not repugnant to antecedent

v, Baldwin and another, E. 44 G. 3. matter;cannot be reject-d as surpluiage,

175 sbough laid under a videlicet, and how


E. 44 G. 3.


44 G.


pafing in and out of their city on horses SUPERSEDEAS.

or in carts or waggons (that is, at the See PRACTICE, No. 2.

rate of id. for every horie load, and ad. for every cart load drawn by one horse,


for each additional

horse); beld that any alteration of the Where a corporation were seised in fee of lands, which by the custom were annu

carriage by which the goods were sa

conveyed, as by taking them in Itage ally meted our under their control by a coaches instead of carts or waggons, leet jury, according to a certain fint,

could not vary the right of coll in the to such of the resident burgesses who chose to stock the same ; they paying

proportion of 2d. for each horse draw

ing the coach, although the number of 195. 4d. 10 each of the other burgesses

horses were estimated by the weight of who did not stock: held that the bur.

passengers rather than of goods. The gesses, who fo ftocked, were tenants in

Major, Son of Curlisle v. Wilson, E. common of the lands fo occupied by

3. them, and as such occupiers were liable 2. Where a corporation by a verbal agreeto be rated for the same. Rex v. Wat.

ment with a pauper leased to him the fon, M. 45 G. 3.


tolls of a market for above rol., a-year;

held that he could not gain a letil-ment TENDER AND REFUSAL. thereby, as no interest could pass from See EVIDENCE, No. 2.

a corporation but ender their seal : therefore he had no more than a mere

licence to collect the coll. But if such TITHES.

toll had been leased to him under seal The London Court of Requests has juris- of the corporation, semble that he would diction, by the stat. 39

• 3. c.

have gained a settlement by residing 104. over a contract for the retention for 40 days in the same parish . where of tithes by the tenant, the value of the market was. Rex y. The Inhabia which was under 5l. ; and therefore it tants of Chipping-Norton, T. 44 G. 3. the vicar sue for the same, and recover

239 less than 5l. upon a count in assumpfit 3. Where goods are carried along two for a quancum valebant, the defendant different lines of canal, one of which is may enter a suggestion on the roll, by stature exempied from being rated stating thaç he was a freeman and in- in respect of the tolls, and the other habitant of the city of London, trading not; though the voyage happened to there at the time he was served with the finish on the une empted line where the writ, for the purpose of ousting the colls become due and are received, yet plaintiff of his costs under the 12th rec- the Canal Company fall not be rared tion of the act. Sandby, Clerk, v. for more than such proportion of the Miller, E. 44 G. 3.


tolls as accrued in respect of the car.

riage along the unexempted line. And TOLERATION ACT.

the toll arising in respect of so much per

ton per mile is to be rated only for lo See False IMPRISONMENT, No. d. many miles as the goods were carried

along the unexempted lino. And where TOLLS.

the act directs that the tolls should be See TURNPIKE.

exempt from any taxes, rates, &c.other

than such as the land which should be 1. Where it appeared in evidence upon an used for the purpose of the navigation

action of indebitatus affumpfit for toll would have been subject to if the act that a corporation were entitled by a had not been made ; that goes to exgeneral grant of toll, explained by usage empt the rolls, qua tolls, altogether from to be due for all commercial goods being rated in respect of the line so exVOL. V.

empted, that" no gate keeper or person renting justice of peace, and sued in crespass, the rolls and residing in the roll house, thall without the magistrate, is within the thereby gain a fertlement,i. e. by soch protection of the Itar. 24 G. 2. c. 44.

44 G.

empted, leaving the land rateable as tion of trover brought by the aflignees before. Rex v. The Leeds and Liver. for a ship belonging to the bankrupt's pool Canal Company, T. 44 G. 3. 325 eltate. Bloxam and Obers, Alignees of

Ward, a Bankrupt, v. Hubbard, T. TRESPASS.



2: But if he be not joined, advantage can 1. Where goods were taken by conllable

only be taken by plea in abatement to under a warrant of distress granted by

the whole action; though if there be a justice of peace for the county o

no such plea the other assignees who sue Kent, directed “ to the contables of

can only recover their proportional parts.

ib. the lower Half Hundred of C. and G.

3. A sale of a ship (which was afterwards in the county of Kent;" which warrant

loft at lea) made by the defendant, who reciced that the plaintiff (whose goods

claimed under a detective conveyance were diftrained), of the parish of G. in

from a trader before his bankruptcy, is the said county, was ballotied for the mi.

a fufficient converfion to enable the litia of the said county, and having

allignees of the bankrupt to maintain refused to serve, &c. was convicted in a certain penalty, for levying which the

trover, without Thewing a demand and refusal.

ib. warrant was granted: if it turn out that the warrant was executed within a

TURNPIKE. certain part of che parish of G. within the jurisdiction of the Cirque Poris, and one may gain a settlement by renting a not within the county of Kent, the con.

tenement of above rol. a-year in the Itables are not within the protection of

parish where he rehded, though such the itat. 24 G. 2. 6. 44. S. 6. and may

residence were in a turnpike boule, as be sued in trespass without the magis.

servant to the collector for whom he re. trate's being made a defendant. Nilton

ceived the colls; for the general turnv. Green and Jenner, T. 44 G. 3. 233

pike'act 13 G. 3. C. 84. f. 56. only says 2. A constabie executing the warrant of a

taking of the toll-house or renting the f. 6. and entitled to a verdict on proor

tolls. Rex v. The Inhabitants of Denof such warrant; having first complied

tigh, T. 44 G. 3.

333 with the plaintiff's demand of a peruss and copy of the warrant before the ac

UNTIL, tion brought, thongh not within fix See IND CTMENT, No. 12. days after such demind, as the act di. rects. Jones v. Vaughan, M. 45 G. 3.


445 By the vagrant act 17 G. 2.6. 5. after a TROVER

rogue and vagabond has been commite 1. An order of the Lord Chancellor, made ted to the Seflions, and they, adjudging

under the stat, 5 G. 2. c. 10, upon the him to be a rogue and vagabond, order petition of creditors, for removing one him to be further imprisoned and kept of several assignees of a bankruft's to hard labour for fx months, and to eftate, not followed up by any re-allign. be publicly whipped during that time, ment or release of such allig nee to the and that after the expiration of his im. remaining asignees, nor by any new prisonment he should be sent and em. assignment of the commissioners under ployed in bis Majesty's jer vice pursuant to the Lord Chancellor's further order, the statutes, &c.: held that the whole does not operate to diveft the lega! forms one fentence; and fuch order eltare out of such removed affignee: and being defective in the latter part, for confequently he ought to join in an ac- want of adjudicating whether the party

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