Gambar halaman

by Atatute exempted from being rated a leet jury, according to a certain itint, in respect of the folls, and the other not; / to such residene hurgesies who chose 10 though the voyage happen to finish on lock the same; they paying 195. 40, the unexempted line, where the colis to each of the other burgesses who did became due and are received, yet the not flock: held that the burgesses who caoal company shall not be rated for so stocked were tenants in common of the more than such proportion of the tolls lands lo occupied by them, and as such as accrued in respect of the carriage occupiers were liable to be rated for the along the unexempted line. And the same. Rex v. Watfon, M. 45 G. 3. toll arising in respect of so much per ton

- 480 per mile is to be rated only for so many

POOR-REMOVAL miles as the goods were carried alongs

See SettleMENT BY Estate, No. 1. the unexempted line. And where the act directs that the tolls should be ex- | An order of jultices removing " M. F.. empt from any taxes, rates, &c. other for wife of P. F., a Scotchman, who nethan such as the land which should be “ver gained a settlement in England," used for the purpose of the navigation and cheir children, to the place of her would have been subject to if the act latt legal setilement; which order was had not been made ; that goes to ex

stated on the face of is to be made on empt the tolls, quà rolls, altogether from examination of the husband, and with the being rated in respect of the line fo ex consent of him and his wife, was holden empied, leaving the land raceable as bca! good. Rex v. The Inbabitants of Elfore. Rex v. The Leeds and Liverpool ham, E. 44 G. 3,

113 Canal Company, T. 44 G. 3. 325 2. Where a corporation was seiled in fee

PRACTICE. of certain uninclosed lands, which were 1. Affidavits in support of, or in answer to stocked with the cattle of the resident a rule for setting aside an award made burgesses, or the widows of such, who a rule of Court under the (tat. 9 & alone were permitted by the burgesses! 10 W. 3. 6. 15. l. 1., there being no to claim such right, and also by poor | action previously brought, nor any cause parishioners, who were admitted to such in court, need not be entitled. Bain- . enjoyment from charity; and such lands! bridge *. Houlton, E. 41 G. 3. 21 were altogether omicted out of the 2. The Court will not inter that a writ of poor-rate; the Sessions, on appeal by error was sued out for delay because it one who had given notice of his objec. was sued out before final judgment signtion to the parish cfficers, and to thie ed. And though it should be made re- , corporation as the party interested un turnable before final judgment, it will der the stat. 41 G. 3. 6. 23. 8. 6., have | still operate as a supersedeas upon the ing quashed the rate, the Court con judgment, which, when agned in the firmed that order. Rex v. Tbe Inhabi same term, relates back to the first day

tants of Aberavon, M. 45 G. 3. 453 of it; and therefore execurion issued 3. Iron mines are not rateable to the relief thereon after such writ of error allowed

of the poor ; and being rated conjointly and served was set aside for irregularity. with coal mines, the coal whereof was Somerville v. White, E. 44 G. 3. 45 was raised by the owner of the lands for 3. If one of two defendanis taken on a bis own uje in smelting the iron, the or- | joint ca. sa. be discharged under an in. der of Sellions confirming such rate ge solvent debtors' act, that will not ope. nerally, without ascertaining the pro rate as a discharge of the other, the disportion at which each was rated, was charge of the former not being with the quashed. Rex v. Cunningham and Others, actual consent of the plaintiff. Nadir M. 45 G. 3.

478 v. Battie and Wardle, E. 44 G. 3. 147 4. Where a corporation were sęised in fee 4. The Court will qualh a writ för irre

of lands, which by the custom were an g ularity if it have an informal return, qually meted out under their control by although the day of the return be equal.

ly certain as in the common form. Reu

PRINTERS. bel v. Preston, T. 44 G. 3. 2911

See PENAL ACTION, No. 1. 5. An application to make the plaintiff, who resided abroad, give security for

PRIZE. the cotts refused after notice of trial given : as the defendant might have | See FOREIGN SENTENCES, PASSAGEapplied earlier after knowledge of the

MONEY. fact of the plaintiff's residence, and be. The Prize Court of Appeals has jurisdic. fore so much of the costs were incurred.

tion to decree that one who was coWalters v. Frythail, T. 44 G. 3. 338

agent of the captors, in whose hands the 6. Where a writ of fi. fa. expires in the

proceeds of the prize after condemnavacation, the shoriff need not return ic

lion and sale were placed, should, alter till the first day of the ensuing term, and a decree of reftitution with interest pro. has the whole of that day to file it.

nounced against the captors, pay interef Rex v. The Sheriff of Berks, T. 44 G 3 on such proceeds while in tis hands to


the claimant. And B. R. will no: grans 7. A demand of a plea indorsed on the

a prohibition to the Prize Court to redeclaration when delivered is good, and

strain it from executing fach decree, a rule to plead may be given aterrwards,

either on the ground that it did not apwithout any fresh demand of a plea.

pear on the proceedings below that the Max well v. Skerrett, M. 45 G. 3. 547

agent was a registered agent under the 8. Bail may render without jurifying ;

Itat. 33 G. 3. c. 66; because that Court and where the rule expires in vacation

has original jurifdiction in rem and its a render on the first day of the ensuing incidents, independent of the statute ; term., fedente Curiâ, is good, though

nor on the ground that the Court below notice were not given till afterwards or

were restrained by the 320 clause of the the same day, and after a wiit of pro.

act from decreeing reititution of more cedendo had issued to the inferior court

than the net proceeds of the sale, awarded where the cause originated. Wiggins

upon condemnation ; because interest v. Stephens, M. 45 G. 3. 533 made of such net proceeds in the hands

of the holder are to be deemed part of PRESSING.

the proceeds; nor on the ground that 1. The Court will not, at the prayer of it was not alleged that interest had in

the mafler, grant a habeas corpus to fazt been made by such agent; because bring up an apprentice impressed, he that was a fact for the Court below to being willing to enter into the king's decide upon, and they must be preservice. Ex parte John Landsdown, E. sumed to have decided on satisfactory 44 G. 3.

38 evidence. Willis v. The Commisioners 2. A seaman serving in the merchant ferol of Appeals in Prize Caufes, E. 44 G. 3. vice is not exempe from being impressed

22 becaose he is a freeholder. Rex v.

PROHIBITION. Douglas, M. 45 G. 3.

477 Where the Spiritual Court incidentally

determines any matter of common law PRINCIPAL AND AGENT.

cognizance, such as the construction of One who covenants for himself, bis heirs, an act of parliament, otherwise than as

&c. and under his own band and feal, the common law requires, prohibition for the act of another, shall be perfon. lies after sentence; although the objecally bound by his covenant, though he ! tion do not appear upon the face of the describe himself in the deed as cove libel, bat is collected from the whole of nanting for and on the part and behalf of the proceedings below. Gould v. Gap. fucb other perfon. Appleton v. Binks, E. per, Clerk, T. 44 G. 3.

345 44 G. 3. 148




Middlesex. Coxeter v. Burke and Ano. Mr. Mansfield, one of the king's counsel.! ther, Bail of Price, M. 45 G. 3. 461 on the death of Lord Alvanley, Lord] 3.

Wordl 3. A plea of nu! tiek record, pleaded to an Chief Justice of C. B. was promoted to

action of debt on an Irish judgment rethat office in Hilary vacation 1804, and

covered, muit conclude to the country;

for though, since the Union, such judgwas knighted. And on the 2;ch of April was called to the degree of Ser.

ment is a record, yet it is only prove.

able by an examined copy on oath, the jeant at Law, and cook his seat on the

veracity of which is only criable by a bench, and gave rings with this moito,!

jury. Collins v. Ld. Viscount Mathew, Serus in cælum redcas. On Saturday the 28th of April 1804 the

M. 45 G. 3.

473 following gentlemen cook their places within the har;

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

See JOINT-TENANT, No. j. liams, As King's Counsel, Mr. Hollif, Mr. REQUEST, LONDON, COURT OF. Milles, Mr. Wilson, Mr. Topping ; and

"! Sic LONDON COURT OF REQUESTS. with a patent of precedence, Mr. Fon.

blanque. In the Trinity vacation 1804 Mr. Giblis

RIGHT, WRIT OF. was made Chief Justice of Cheiler; ands. The demandant in a writ of right mult Meffis. Cox, Harvey, and Stanley, Bar. allege in his count that his ancestor was rillers at Law, were appointed Matters seised of right, as well as that he was in Cancery.

seiled in bis demine as of fee. Dowland

v. Slace and Wife, 7. 44 G. 3. 272 RECORD.

| 2. Qu. Whether if one, through whom

title is derived, be improperly faced to 1. In an action against the marshal for an

be beir to her brother, who is appeare elcape, it being alleged in the declara

by the record had a son who survived tion that the prisoner was arrested on

him, and through whom title is pro.' merrie process, and brought before al

perly derived, iuch erroneous appellaJudge as chambers by virtue o: a wrie

tion of the Gler, as heir to her brother, of hübeas corpus, and was by him there.

be fatal? upon committed to the custod of the marshal, as by she record i hereof now remaining in the Court of B. R. appears,

ROGUE AND TAGABOND. &c. fuch allegation is either impertinent

See VACRANT. and surplulage ; for, properly Speaking, such documents are not records, nor ca

SEAMAN. pable of becoming fv: or, considering

See PRESSING. them as quali of record, the allegation is fufficiently proved by the production of them from the office of the clerk of

SETTLEMENT. the papers of the K. B. prison, with Sie Poor REMOVAL, No. 1. whom they are propesly deposited.

By Apprenticeship. W'ig'ey v. Jones, marjhoul of the Marina! sea, T. 44 G. 3.

440 | Where a lum agreed to be given with an 2. A scire facias upon a recognizance of apprentice was five guineas, which was bail taken in open court in B. R. is inserted in the indenture, and the duty properly suable in Middlesex, where the paid accordingly, by llar. 8 a'rn. c. 9.; record is, though all the previous pro held well, though in fact orly four gui. ceedings wiiich commenced by original | neas were paid ; for the full jum received, were in London. And femble that it given, paid, agreed, or coniradlad for, as could not be jucd elsewhere than in required by the act, was insert:d, and


the duty paid for it; and the Ramp licence to colle&t the toll. But if such used was of the same description, and toll 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, fuppofing that would have i 40 days in the same parih where the sufficed. Rex v. The Inbabitants of Keyne market was. Rex v. The Inbabitants of fram, T. 44 G. 3.

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

12. One may gain a settlement by renting a By Eftate.

tenement of above rol. 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 iwo residence be in á turnpike-house, as sere guineas one and iso rent, cannot be

vant to the collector for whom he reremoved therefrom, though actually

ceived the toits; for the general corn. chargeable. But semble he cannot gain pike ait 13 G. 3. c. 84. 8. 56. only says a settlement by 40 days' residence as on that “no gate-keeper or person rentbis own eltaie under the stat. 9 G. 1., ing the rolls and refiding in the roll-bonyo the confideration being under 301..

Tall thereby gain a settlement, i. e. by Rex v. The Inhabitants of Mariley, E.

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


the colls. Rex v. The Inhabitants of Denbigh, T.4+ G. 3.

333 By Evidence of Relief.

SHARE, The Sessions having decided in favour of a fettlement in Ă. by which the pau.

See Devise, No. 5. per's father was proved to have been

SHIPS. relieved while resident in another paris 40 years ago, and before the pauper's 1. The lip regifier 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 Sellions on a case referved. Rex v. l Knight and O:kers, Alignees of Ward, a The Inhabitants of Wakefield, T. 44 Bankrupt, v. Hubbard, T. 44 G. 3. 407 G. 3•

3352. Under the ship regiiter acts 7 & SW.3.

6. 22. f. 21., and 26 G. 3. c. 60.8. 3, By Hiring and Service.

4, 5. 16., and 34 G. 3.c. 68.9.15, 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 indorle. Therefore where the contract was for ment of the certificate of regiltry in tbe che servant to live with his master, the manner therein described, and a copy latser finding him board and lodging, of fuch indorsement be delivered by the and paying him 25. (d. per week, no ret. vendee to the persons authorized to clement could be gained by Service for make registry, (which officers are aired. more than a year under such contract, ed to make an entry thereof, co be inRex v. The Inhabilants of Pucklechurchin dorsed on the path 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 registers, 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 rol. 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 the a corporation but under their feal; never returned to her original port after Therefore he had no more than a mere tbe sale.




Edward I. Slanderous words must be underfood byl 6. c. 1. (Stat. of Gloucester. Colts.)

the Court in the same sense as the rest of mankind would ordinarily understand

Henry VIII. them. Therefore where one said of 23. c. 15. (Corts.) another that " his character was infamous ; that he would be disgraceful to any

James 1 society; that those who proposed him a member of any society must have intended

| 4. C. 3. (Cols.) an infult to it ; that he would publish his

Charles II.
Jhame and infamy; that delicacy forbad

545 from bringing a direct charee, but it 13. f. 2. 6 2. (Costs in error.) was a male child who complained tol 19. c. 6. (Leales for lives.) him;" such words were understood to 22 & 23. 6. 9. (Costs. Certificate.) 489 mean a charge of unnatural practices, / 29. C. 3. f. 4. (Statute of Frauds.) 10 and sufficiently certain in theniselves to be actionable, without the aid of an in

William and Mary, and William. nuendo to that purpole, which it was 1. c. 18. S. 18. (Toleration act.) 294 admitted could not enlarge the sense. 7 & 8. C. 22. (Snip register.) : 407 And held that such words could not be 9 & 10. 6. 15. (Awards.) 21, 189 jufiified by any plea naming for the first time the person from whom the defend

Anne. ant heard the complaint. Woolnoth v.

4. 6. 36. f. 4. (Costs.) 251. 3 Meadows, M. 45 G. 3.

8. 6.9. j. 35. 39. ,( Stamps.) 309 SPIRITUAL COURT.

George I.

9.6.7. S 5. (Settlement.)

11. c. 4. S. o. Corporate election.) 372 STAMPS,

. George II. Where a fum agreed to be given with an | apprentice was five guineas, which was ad 5. C. 30. (Bankrupts.)

407 inserted in the indenture, and the duty

1 7. 6. 8. $.6. (Stockjobbing.) 107 paid accordingly, by stat. 8 Ann.c. 9. ;|

113. 6. 17. (Apprentice impressed.) 38 held well; though' in fact only four

17. c. 5. (Vagrant act.)

339 guineas were paid ; for the full fum re

| 24. C. 44, /.6. (Justices of peace and

constables. ceived, given, paid, agreed, or contracted

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

George III. used was of the fame descripcion, and l 7. . ' Stonebouse bridge a&.) 356 the duty appropriated to the same fund, 10. C. ( Leeds and Liverpool canal as if four guineas only had been inserted act.) and paid for, fuppofing that would have 13. c. 84. f. 56. (Settlement. Turnfufficed. Rex v. The inbabitants of Keyn. 1 pike. foam, T. 44 G. 3.

33 309 26. c. 60. (Ship register.)

407 33. C.52. 1. 62. East India Com. STATUTES. pany.)


c. 66. (Prize.) The construction thereof, though relating | 34. 5. 63. (Ship register.)

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

113 mon law. Gould v. Gapper, T. 441 6. 79. (Printers.)

313 345

39 & 40.




G. 3.

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