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ly certain as in the common form. Reu bel v. Prefton, T. 44 G. 3. 5. An application to make the plaintiff, who refided abroad, give fecurity for the costs refufed after notice of trial given; as the defendant might have applied earlier after knowledge of the fact of the plaintiff's refidence, and be

fore fo much of the cofts were incurred. Walters v. Frythall, T. 44 G. 3. 338 6. Where a writ of fi. fa. expires in the vacation, the sheriff need not return it till the first day of the enfuing term, and has the whole of that day to file it. Rex v. The Sheriff of Berks, T. 44G 3 386 7. A demand of a plea indorfed on the declaration when delivered is good, and a rule to plead may be given afterwards, without any freth demand of a plea. Maxwell v. Skerrett, M. 45 G. 3. 547 8. Bail may render without juflifying;

and where the rule expires in vacation a render on the first day of the enfuing term, fedente Curiâ, is good, though notice were not given till afterwards on the fame day, and after a writ of procedendo had iffued to the inferior court where the cause originated. Wiggins v. Stephens, M. 45 G. 3.

PRESSING.

533

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PRINTERS.

See PENAL ACTION, No. 1.

PRIZE.

See FOREIGN SENTENCES, PASSAGE

MONEY.

The Prize Court of Appeals has jurifdic

tion to decree that one who was coagent of the captors, in whofe hands the proceeds of the prize after condemnation and fale were placed, fhould, after a decree of restitution with intereft pronounced against the captors, pay intere on fuch proceeds while in his hands to the claimant. And B. R. will not grant a prohibition to the Prize Court to reftrain it from executing fach decree, either on the ground that it did not appear on the proceedings below that the agent was a registered agent under the ftat. 33 G. 3. c. 66; because that Court has original jurifdiction in rem and its incidents, independent of the ftatute; nor on the ground that the Court below were reftrained by the 32d claufe of the act from decreeing reltitution of more than the net proceeds of the fale, awarded upon condemnation; because interest made of fuch net proceeds in the hands of the holder are to be deemed part of the proceeds; nor on the ground that it was not alleged that intereft had in fact been made by fuch agent; because that was a fact for the Court below to decide upon, and they must be prefumed to have decided on fatisfactory evidence. Willis v. The Commiffioners of Appeals in Prize Caufes, E. 44 G. 3.

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PROMOTIONS.

Mr. Mansfield, one of the king's counfel, on the death of Lord Alvanley, Lord Chief Justice of C. B. was promoted to that office in Hilary vacation 1804, and was knighted. And on the 25th of April was called to the degree of Serjeant at Law, and took his feat on the bench, and gave rings with this motto, Serus in cælum redeas.

On Saturday the 28th of April 1804 the

following gentlemen took their places within the bar;

As King's Serjeant, Mr. Serjeant Wil liams.

As King's Counsel, Mr. Hollift, Mr. Milles, Mr. Wiljon, Mr. Topping; and! with a patent of precedence, Mr. Fonblanque.

In the Trinity vacation 1804 Mr. Gibls was made Chief Justice of Chefter; and Meffes. Cox, Harvey, and Stanley, Barrillers at Law, were appointed Matters in Chancery.

RECORD.

445

1. In an action again the marshal for an elcape, it being alleged in the declaration that the prifor er was arrested on mefne procefs, and brought before a Judge at chambers by virtue of a writ of habeas corpus, and was by him thereupon committed to the cultod, of the marshal, as by the record thereof now remaining in the Court of B. R. appears, &c. fuch allegation is either impertinent and furplufage; for, properly fpeaking, fuch documents are not records, nor capable of becoming fo: or, confidering them as quafi of record, the allegation is fufficiently proved by the production of them from the office of the clerk of the papers of the K. B. prifor, with whom they are properly depofited. Wigley v. Jones, marfbal of the Marba!Sea, T. 44 G. 3.

440

2. A fcire facias upon a recognizance of bail taken in open court in B. R. is properly fuable in Middlefex, where the record is, though all the previous pro ceedings which commenced by original were in London. And femble that it could not be tued elfewhere than in

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See JOINT-TENANT, No. 1.

REQUEST, LONDON, COURT OF. Ste LONDON COURT OF REQUESTS.

RIGHT, WRIT OF.

1. The demandant in a writ of right must allege in his count that his ancestor was feifed of right, as well as that he was feiled in his demejne as of fee. Dowland v. Slade and Wife, T. 44 G. 3. 272 2. Qu. Whether if one, through whom title is derived, be improperly fated to be heir to her brother, who it appeare by the record had a fon who furvived him, and through whom title is properly derived, fuch erroneous appellation of the filter, as heir to her brother, be fatal ? ib.

ROGUE AND VAGABOND. See VAGRANT.

SEAMAN.

See PRESSING.

SETTLEMENT.

Ste POOR REMOVAL, No. 1.

By Apprenticeship. Where a fum agreed to be given with an apprentice was five guineas, which was inferted in the indenture, and the duty paid accordingly, by ftat. 8 Ann. c. 9.j held well, though in fact orly four guineas were paid; for the full fum received, given, paid, agreed, or contracted for, as required by the act, was inferted, and

the

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1. In an action on the cafe for not ac cepting flock agreed to be transferred on request, an averment that the plaintiff was ready and willing to transfer, and requested the defendant to accept the ftock, which he refused, can only be fatisfied by fhewing an actual tender and refufal, or that the plaintiff waited at the Bank on the day when it was understood that the transfer was to be made until the clofe of the transfer books, which was the latcft time when the transfer could be made.

Bordenave

107

v. Gregory, E. 44 G. 3. 2. Semble, that in fuch an action it is not neceffary by the flat. 7 G. 2. c. 8. s. 6. for the plaintiff to fhew that he tranf ferred the flock to another at the next poffible transfer day after default made by the original contractor, provided the ftock were transferred before the action brought though, if the plaintiff might have obtained more for the stock by a fale on aqy intermediate day between the original default and the actual fale, that will go in reduction of the damages fuftained by the plaintiff by fuch default.

ib.

3. In another cafe of the fame kind, the evidence being that the flock was con tracted to be transferred on a certain day, and the averment in the declaration being the fame as in the above cafe, that it was to be transferred on request, the Court faid, that if the objection had been taken at the trial there must have been a nonfuit. Bordenave v. Bartlett, E. 44 G. 3.

SURPLUSAGE. An allegation in pleading which is fenfi ble and confiftent in the place where it occurs, and not repugnant to antecedent matter; cannot be rejected as furplulage, though laid under a videlicet, and how

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STOPPING IN TRANSITU. Where A. and B., traders living in Lǝndon, were in the course of ordering goods of the defendants, cotton manufacturers at Manchefter, to be fent to M. and Co. at Hull, for the purpofe of being afterwards fent to the correfpondents of A. and B. at Hamburgh; and on the gift of March A. and B. lent orders to the defendants for certain goods to be fent to M. and Co. at Hull, to be shipped for Hamburgh as ufual: held that as between buyer and feller the right of the defendants to flop as in tranfitu was at an end when the goods came to the poffeflion of M. and Co. at Hull; for they were for this purpofe the appointed agents of the vendees, and received orders from them as to the ulterior def tination of the goods; and the goods, after their arrival at Hull, were to receive a new direction from the vendees. But it was competent for A. and B., who became infolvent fome time in July, but committed no act of bankruptcy till the 26th of September, to agree bona fide, and not from motives of voluntary and undue preference, to give up the goods to the defendants in the latter end of July. And held that the circumftances of the bankrupts having called a meeting of their creditors, and having taken legal advice, and being encouraged by the refult of fuch meeting and advice to give up the goods, was evidence for the jury to find that the goods were given up bonâ fide, and not from any motive of voluntary and undue preference to the defendants; though done by the bankrupts in a fitu ation of impending bankruptcy at the time; the defendants, at the time of fuch giving up of the goods by the bankrupts, holding poffeffion of the goods upon a claim of right to flop them in tranfitu. Dixon and Others, Affignees of Battier and Son, Bankrupts, v. Baldwin and Another, E. 44 G. 3.

175 SUPER

SUPERSEDEAS.

See PRACTICE, No. 2.

TENANTS IN COMMON. Where a corporation were seised in fee of lands, which by the custom were annually meted out under their control by a leet jury, according to a certain flint, to fuch of the refident burgeffes who chose to stock the fame; they paying 195. 44. to each of the other burgeffes who did not ftock: held that the bur. geffes, who fo flocked, were tenants in common of the lands fo occupied by them, and as fuch occupiers were liable to be rated for the fame. Rex v. Wat fon, M. 45 G. 3.

TENDER AND REFUSAL.

See EVIDENCE, No. 2.

TITHES.

480

The London Court of Requests has jurifdiction, by the flat. 39 & 40 G. 3. c. 104. over a contract for the retention of tithes by the tenant, the value of which was under 51.; and therefore it the vicar fue for the fame, and recover lefs than 51. upon a count in affumpfit for a quantum valebant, the defendant may enter a fuggeftion on the roll, ftating that he was a freeman and inhabitant of the city of London, trading

there at the time he was ferved with the writ, for the purpose of outing the plaintiff of his cofts under the 12th fection of the act. Sandby, Clerk, v. Miller, E. 44 G. 3.

TOLERATION ACT.

See FALSE IMPRISONMENT, No. 1.

TOLLS.

See TURNPIKE.

195

1. Where it appeared in evidence upon an action of indebitatus affumpfit for toll that a corporation were entitled by a general grant of toll, explained by usage to be due for all commercial goods VOL. V.

3.

paffing in and out of their city on horfes or in carts or waggons (that is, at the rate of id. for every horie load, and 2d. for every cart load drawn by one horse, and 2d. more for each additional horfe); held that any alteration of the carriage by which the goods were fa conveyed, as by taking them in ftage coaches instead of carts or waggons, could not vary the right of toll in the proportion of 2d. for each horse drawing the coach, although the number of horfes were estimated by the weight of paffengers rather than of goods. The Mayor, &c. of Curlifle v. Wilson, E. 44 G. 3.

2

2. Where a corporation by a verbal agreement with a pauper leafed to him the tolls of a market for above 10l. a-year; held that he could not gain a fettlement thereby, as no intereft could pafs from a corporation but ender their feal: therefore he had no more than a mere licence to collect the toll. But if fuck toll had been leafed to him under feal of the corporation, femble that he would have gained a fettlement by refiding for 40 days in the fame parish where the market was. Rex v. The Inhabitants of Chipping-Norton, T. 44 G. 3. 239 Where goods are carried along two different lines of canal, one of which is by ftatute exempted from being rated in respect of the tolls, and the other not; though the voyage happened to finish on the unexempted line where the toils become due and are received, yet the Canal Company fhall not be rated for more than fuch proportion of the tolls as accrued in refpect of the carriage along the unexempted line. And the toll arifing in respect of so much per ton per mile is to be rated only for fo many miles as the goods were carried along the unexempted line. And where the act directs that the tolls fhould be exempt from any taxes, rates, &c. other than fuch as the land which should be ufed for the purpofe of the navigation would have been fubject to if the act had not been made; that goes to exempt the tolls, qua tolls, altogether from being rated in refpect of the line fo exempted,

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1. In an action on the cafe for not ac cepting flock agreed to be transferred on request, an averment that the plaintiff was ready and willing to transfer, and requested the defendant to accept the ftock, which he refufed, can only be fatisfied by fhewing an actual tender and refufal, or that the plaintiff waited at the Bank on the day when it was understood that the transfer was to be made until the clofe of the transfer books, which was the latest time when the transfer could be made.

Bordena-ve

107

v. Gregory, E. 44 G. 3. 2. Semble, that in fuch an action it is not neceffary by the ftat. 7 G. 2. c. 8. f. 6. for the plaintiff to fhew that he tranf ferred the flock to another at the next poffible transfer day after default made by the original contractor, provided the ftock were transferred before the action brought: though, if the plaintiff might have obtained more for the stock by a fale on aqy intermediate day between the original default and the actual fale, that will go in reduction of the damages fuftained by the plaintiff by fuch default.

ib.

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STOPPING IN TRANSITU. Where A. and B., traders living in Lon don, were in the courle of ordering goods of the defendants, cotton manufacturers at Manchefter, to be fent to M. and Co. at Hull, for the purpose of being afterwards fent to the correfpondents of 4. and B. at Hamburgh; and on the 31st of March A. and B. lent orders to the defendants for certain goods to be fent to M. and Co. at Hull, to be shipped for Hamburgh as ufual: held that as between buyer and feller the right of the defendants to stop as in tranfitu was at an end when the goods came to the poffeflion of M. and Co. at Hull; for they were for this purpofe the appointed agents of the vendees, and received orders from them as to the ulterior def tination of the goods; and the goods, after their arrival at Hull, were to receive a new direction from the vendees. But it was competent for A. and B., who became infolvent fome time in July, but committed no act of bankruptcy till the 26th of September, to agree bona fide, and not from motives of voluntary and undue preference, to give up the goods to the defendants in the latter end of July. And held that the circumftances of the bankrupts having called a meeting of their creditors, and having taken legal advice, and being encouraged by the refult of fuch meeting and advice to give up the goods, was evidence for the jury to find that the goods were given up bonâ fide, and not from any motive of voluntary and undue preference to the defendants; though done by the bankrupts in a fitu ation of impending bankruptcy at the time; the defendants, at the time of fuch giving up of the goods by the bankrupts, holding poffeffion of the goods upon a claim of right to ftop them in tranfitu. Dixon and Others, Affignees of Battier and Son, Bankrupts, v. Baldwin and Another, E. 44 G. 3.

175 SUPER

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