tending the protection of the ftat. 24 C

4 G. 2. c. 44. for privileging juftices of the peace in actions brought against them, as fuch, to the lord mayor and aldermen of London acting under this act beyond the limits of the city; directs that no action fhall be commenced against any person or perfons for any thing done in pursuance or under colour of this act, until after 14 days' notice in writing, or after tender of amends," &c. held that the treasurer of the Company is a person within the faid claufe; and being fued for an a& done by the Company which induced an injury to the plaintiffs, was entitled to fuch notice before the action brought. The notice is neceffary in actions for trefpaffes or torts; but qu. Whether in affumpfit? Wallace v. Smith, Treasurer of the Weft India Dock Company, E. 44 G. 3. 115

empted, leaving the land rateable as

before. Rex v. The Leeds and Li-ver

pool Canal Company, T. 44 G. 3. 325

TRESPASS.

See FALSE IMPRISONMENT. 1. Where goods were taken by conftables under a warrant of diftrefs granted by a juftice of peace for the county o Kent, directed" to the conflables of the lower Half Hundred of C. and G. in the county of Kent;" which warrant recited that the plaintiff (whofe goods were diftrained), of the parish of G. in the faid county, was ballotted for the militia of the faid county, and having refused to serve, &c. was convicted in a certain penalty, for levying which the warrant was granted: if it turn out that the warrant was executed within a certain part of the parish of G. within the jurifdiction of the Cinque Ports, and not within the county of Kent, the contables are not within the protection of the itat. 24 G. 2. c. 44. S. 6. and may be fued in trefpafs without the magiftrate's being made a defendant. Milton v. Green and Jenner, T. 44 G. 3. 233 2. A contable executing the warrant of a juftice of peace, and fued in trefpafs, without the magiftrate, is within the protection of the ftat. 24 G. 2. c. 44. J. 6. and entitled to a verdict on proot of fuch warrant; having first complied with the plaintiff's demand of a perufs and copy of the warrant before the ac tion brought, though not within fix days after fuch demand, as the act directs. Jones v. Vaughan, M. 45 G. 3.

tion of trover brought by the affignees for a fhip belonging to the bankrupt's eftate. Bloxam and Others, Affignees of Ward, a Bankrupt, v. Hubbard, T. 44 G. 3. 407 2: But if he be not joined, advantage can only be taken by plea in abatement to the whole action; though if there be no fuch plea the other affignees who fue can only recover their proportional parts. ib.

3. A fale of a fhip (which was afterwards loft at fea) made by the defendant, who claimed under a defective conveyance from a trader before his bankruptcy, is a fufficient converfion to enable the affignees of the bankrupt to maintain trover, without fhewing a demand and refufal.

TURNPIKE.

ib.

One may gain a fettlement by renting a tenement of above 10l. a-year in the parish where he refided, though fuch refidence were in a turnpike house, as fervant to the collector for whom he received the tolls; for the general turnpike at 13 G. 3. c. 84. S. 56. only fays that no gate keeper or perfon renting the tolls and refiding in the toll-house, fhall thereby gain a fettlement," i. e. by fuch taking of the toll-houfe or renting the Rex v. The Inhabitants of Dentigh, T. 44 G. 3. 333

tolls.

UNTIL.

See IND CTMENT, No. 12.

VAGRANT.

By the vagrant act 17 G. 2. c. 5. after a rogue and vagabond has been committed to the Seffions, and they, adjudging him to be a rogue and vagabond, order him to be further imprifoned and kept to hard labour for fix months, and to be publicly whipped during that time, and that after the expiration of his im prifonment he fhould be fent and employed in bis Majefty's fer vice pursuant to the ftatutes, &c. held that the whole forms one fentence; and fuch order being defective in the latter part, for want of adjudicating whether the party

tending the protection of the ftat. 24 G. 2. c. 44. for privileging juftices of the peace in actions brought against them, as fuch, to the lord mayor and aldermen of London acting under this act beyond the limits of the city; directs that "no action fhall be commenced against any person or perfons for any thing done in pursuance or under colour of this act, until after 14 days' notice in writing, or after tender of amends,” &c.: held that the treasurer of the Company is a perfon within the faid claufe; and being fued for an act done by the Company which induced an injury to the plaintiffs, was entitled to fuch notice before the action brought. The notice is necessary in actions for trefpaffes or torts; but qu. Whether in affumpfit? Wallace v. Smith, Treasurer of the Weft India Dock Company, E. 44 G. 3. 115