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brought by him before admittance | 2. Persons dwelling near a steamupon a demise laid between the time of surrender and admittance.

COPYRIGHT.

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The 8 Anne, c. 19. s. 5. makes it necessary for the printer of a book, composed after the passing of the act, and published for the first time after the composition, which book is printed and published with the consent of the proprietor of the copyright, to deliver a copy upon the best paper to the warehousekeeper of the Company of Stationers for the use of the library of the University of Cambridge, notwithstanding the title to the copy of such book, and the consent of the proprietor to the publication, be not entered in the register-book of the said Company. Cambridge University v. Bryer, M. 53 G. 3. 317

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1. Where a noli prosequi is entered on any of the counts in a declaration, there is no rule for allowing costs

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engine, which emitted volumes of smoke, affecting their breath, eyes, clothes, furniture, and dwellinghouses, and prosecuting an indictment for it, are parties grieved, entitled to have their costs taxed under the stat. 5 W. & M. c. 11. s. 3., upon removal of the indictment by certiorari from the sessions into this court by the defendants, and their subsequent conviction. The King v. Dewsnap, T. 52 G. 3. Page 194 COVENANT,

See CHARTER-PARTY. Under a covenant by a tenant for the payment of 801. yearly rent, all taxes thereon being to him allowed; and also that he would pay all further or additional rates on the premises, or on any additional buildings or improvements made by him; and a covenant by the landlord to pay all rates on the premises or on the tenant, in respect of the said yearly rent of 801., except such further or additional taxes as may be assessed on the demised premises; the tenant is bound to defray all increase of the old as well as any new rates, beyond the proportion at which the premises were rated at the time of the deed, which was 201. in respect of the 801. rent. Graham v. Wade, T. 52 G. 3. Covenant by lessee that he will at all times during the term plough, sow, manure, and cultivate the demised premises (except the rabbitwarren and sheep-walk) in a due course of husbandry; if lessee plough the rabbit-warren and sheep-walk, covenant lies against him. Duke of St. Albans v. Ellis, M. 53 G. 3. 352

DEVISE.

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on such counts. Hubbard v. Biggs, 1. Under a devise, to the son of the 129 testator, of the residue of the testator's

T. 52 G. 3.

tor's estates, &c.; but in case he should die under 21, or (which is to be read and) should leave no issue male or female, then to the testator's daughter surviving, and her heirs male or female; but in case his son and daughter should both die, leaving no issue, then to his cousin and his heirs; the son takes a fee with an executory devise to the daughter, upon the event of his dying under 21, and without leaving issue; with another executory devise over. Right d. Day v. Day, T. 52 G. 3. Page 67 2. Where the testator, after several bequests of stock in the 4 per cents., devised all the remainder in the above stocks with my freehold property to M. S.: Held that M. S. took a fee in the real estate. Roe d. Shell v. Pattison, M. 53 G. 3. 221 3. Devise of all the testatrix's real

estate to her cousins, M. A. and A. I. (who were females) their heirs and assigns for ever, subject to certain annuities (inter alia,) one to her brother A., (her heir at law,) and another to her sister S., and their children, for life; and the testatrix charged her real estate therewith, and directed that the surplus profits should go to A. for life, remainder to his children for life, remainder to S. for life, remainder to the surviving children of her brothers and sisters for life, but gave no directions as to the remainder in fee: Held that M. A. and A. I. took the remainder to their own use, although they also took legacies under the will; and that there was no resulting use to the heir at law.

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

tees. Smith v. King, M. 53 G. 3. 283 4. Devise of a tenement, of which testator was possessed for the remair.der of a term of years, to his daughter S. K.'s children, to be

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equally divided between them, share and share alike, and to the survivor of them and their children: Held that the children of S. K. took an absolute interest in the premises, share and share alike, subject to a survivorship between them for life. Doe d. Gigg v. Bradley, M. 53 G. 3. Page 399 Devise of testator's burgage house (being burgage held of a manor where there is no custom of entailing) to his wife for life or until marriage, and after her decease or marriage to R. C. his younger son for and during the term of his natural life, and after the decease or marriage of his wife, and also after the decease of his son R. C. unto the heirs of the body of R. C. lawfully begotten or to be begotten, equally amongst them as shall then be living, share and share alike, (there being not any child of R. C. then born,) and in case R. C. die without issue lawfully begotten or to be begotten, after his decease, remainder over: Held that R. C. took either an estate of inheritance in the nature of an estate tail, or an estate for life with a contingent remainder to his children, depending on the event of there being a child born and living at the death of R. C.; and that in either case, the child of R. C. was barred by the freehold of the lord becoming united, by a deed of enfranchisement, in the owner of the customary estate, who derived title by conveyance from R. C. after his estate came into possession. Roe d. Clemett v. Briggs, M. 53 G. 3. • 406

DRAWBACK.

The shipper of beer, on which the duty has been paid, which is shipped for exportation to the West Indies, is entitled to take the oath appointed by 38 G. 3. c. 54. s. 4. in

order

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debt under the commission is no proof of the petitioning creditor's debt, either against the sheriff or such execution creditor. Rankin v. Horner, T. 52 G. 3.

Page 191 In an action on 2 and 3 Ed. 6. by the plaintiff, as owner of tithe-hay, against the defendant, as occupier of a close, for not setting out the tithe, copies of a bill and answer, in a suit by the vicar for tithe-hay against S. L., then occupier of the close, and from whom defendant purchased, denying the vicar's right, and setting up a right in the ancestor of plaintiff, on which the vicar abandoned the suit, were holden evidence against the defendant.

In favour of uninterrupted enjoyment by the perception of tithehay by plaintiff and his ancestors, although an endowment of the vicarage in 1253 with the said tithe be shewn, it shall be presumed that the tithe came into lay-lands before the restraining statutes. Countess of Dartmouth v. Roberts, M. 53 G. 3. 334

Assumpsit against the defendant as acceptor of a bill of exchange, and upon an account stated, evidence that the defendant acknowledged his acceptance, and that he had been liable, but said that he was not liable then, because it was out of date, and that he could not pay it, it was not in his power to pay it, was held sufficient to take the case out of the statute, upon a plea of actio non accrevit infra sex annos. Leaper v. Tatton, M. 53 G. 3. 420.

The plaintiff may declare on the original promise, although he relies on the subsequent promise to take the case out of the statute of limitation.

Ibid.

EXECUTION. If judgment be entered up for the penalty of a bond given to secure an annuity,

annuity, and the defendant be taken in execution thereon, when the warrant of attorney under which such judgment was entered up only authorized the taking out execution for the arrears, the Court will set aside the execution in toto, and not merely charge the defendant protanto. Tilby v. Best, T. 52 G. 3. Page 163

EXTENT.

1. Where goods were taken in execution by the sherift on a fi. fa., and whilst they remained in his hands unsold, an extent came at the king's suit tested after the entry of the sheriff under the fi. fa.; and the sheriff thereupon seized the said goods subject to the former seizure, and afterwards sold them under a venditioni exponas issued upon such extent, and paid over the proceeds of such sale by order of the Court of Exchequer Held that at all events, without determining whether the king's extent was under the cir cumstances entitled to priority, the plaintiff could not maintain money had and received against the sheriff for the proceeds of such sale. Thurston v. Mills, M. 53 G. 3.

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2. Goods seized under a fi. fa. at the suit of a subject are before sale liable to be taken by virtue of the king's extent, tested after the delivery of the fi. fa. to the sheriff. Rex v. Wells and Allnutt, M. 53 G. 3. 278 in not.

GAME. An unqualified person going out with the qualified owner of greyhounds to course a hare, which was killed by the dogs, is not liable to the penalty of 51., given by stat. 5 Ann. c. 14, for using a greyhound to kill game; although he took an active part in the sport by beating the bushes in order to find a hare, and

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FROM. 1. A protection from the impress service, granted by the favour of the board of admiralty, though for a certain time, may be set aside at pleasure, whenever in their judgment the exigency of the public service requires it and it matters not that the impress warrant is of a prior date to such protection. 165 Herbert's case, T. 52 G. 3. The Court discharged a mariner who had been impressed out of a fishing smack; he having had an impress protection granted to him by the board of admiralty, under the directions of the stat. 50 G. 3. c. 108., though by the accident of the vessel's sailing before it reached him, he had it not to produce to the impress officer at the time, as he ought to have had, which warranted the officer in impressing him : and though the master had afterwards received a greater number of mariners on board than were described in the act. Pratt's case, 167 T. 52 G. 3.

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chased of the former owner, who retained the rest in his own hands, and as well before the purchase as since has repaired the bridge. But where in such case the county was found guilty, the Court gave leave to stay the judgment upon payment of costs until another indictment was preferred in order to try the liability. Rex v. Inhabitants of Oxfordshire, M. 53 G. 3. Page 223 2. The 49 G. 3. c. 84. appoints trustees for taking down the old and building a new bridge over the river Tone, and empowers them to take tolls, and that it shall be lawful for them, out of the monies received, to build a new bridge, &c., and vests the property in the old and new bridge during the continuance of the act in the trustees, and that as soon as the purposes of the act shall be executed, then and from thenceforth the tolls shall cease, and the bridge, &c. shall be repaired by such persons as are by law liable to repair the old bridge: Held that during the time the trustees were engaged in executing the powers of the act, and before they had completed them, the county was not liable to repair the bridge. Rex v. The Inhabitants of Somersetshire, M. 53 G. 3.

INSURANCE,

See LICENCE, 1, 2.

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1. Joint owners of property insured for their joint use and on their joint account, cannot recover upon a count on the policy, averring the interest to be in one of them only. Bell v. Ansley, T. 52 G. 3. 141

2. The plaintiff was entitled to recover a loss of goods insured at and from Landscrona to Wolgast; though they were shipped at Gottenburgh before the ship arrived at Landscrona, and though the policy was declared to be at and from the loading of the

goods on board the ship; it appearing that the underwriter was informed at the time that the goods were loaded on board at Gottenburgh; and that part of them were landed and reloaded at Landscrona, so as to enable the custom-house officers there to ascertain the qualities of the whole, and to adjust the duties; and the policy being free of average. A mere representation that the cargo was Swedish, and neutral, which was true in fact, though contradicted by the French sentence of condemnation, was no objection to the plaintiff's recovery; nor the want of documents as Swedish property, required only by French ordinances. The exclusion of the British flag from Swedish ports, not appearing to be by French control, and Sweden not being a co-belligerent with France, was held not to be within the prohibition of the order in council of the 7th of January 1807. Nonnen v. Reid. The same v. Kettle

well, T. 52 G. 3. Page 176 3. Where the ship was wrecked, but the goods were brought on shore, though in a very damaged state, so that they became unprofitable to the assured: Held that the underwriters on the goods, who were freed by the policy from the particular average, could not be made liable as for a total loss by a notice of abandonment. Thompson v. Royal Exchange Assurance Company, M. 53 G. 3.

214 4. An insurance may be effected on profits generally without more description, and engrafted upon a policy on ship and goods in the common printed form for a certain voyage; with a return of premium for short interest: the assured proving an interest in the cargo. Eyre v. Glover, M. 53 G. 3.

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5. Policy on goods at and from G. to any port in the Baltic, beginning the adventure from the loading

thereof

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