Gambar halaman
PDF
ePub

thereof on board the ship, and the policy was declared to be in continuation of a former policy; which was a policy from V. to her port of discharge in the united kingdom, or any ports in the Baltic, with liberty to take in and discharge goods wheresoever, to return 15 per cent, if the voyage ended at G.: held that the assured were entitled to recover, although the goods were not loaded on board at G. but at V., and although the defendant was not an underwriter on the former policy. Bell v. Hobson, Page 240

M. 53 G. 3.

6. A policy of insurance on goods at and from London to the ship's discharging port or ports in the Baltic, with liberty to touch at any port or ports for orders, or any other purpose, does not warrant the assured, after having touched at C. for orders, and gone on to S., a more distant port, in retouching at C. for orders; but if the policy be to any and all ports and places in the Baltic forwards and backwards, and backwards and forwards, it is otherwise. Mellish v. Andrews, M. 53 G. 3. 312

LANDLORD AND TENANT. See COVENANT, 1, 2. TROVer. USE AND OCCUPATION.

LEASE.

1. Under a beneficial long lease, reserving liberty to the lessee to cut down and dispose of all timber and coppice, &c. (the value of which was included in the purchase,) then growing or thereafter to grow during the term; subject, however, to a proviso that when and so often as the lessee should intend, during the term, to sell the timber, &c. growing on the premises or any part thereof, he should immediately thereupon give notice in writing to the lessor of such intention, who should

2.

thereupon have the option of purchasing it; and on the lessor's neglect or refusal to purchase, the lessee might dispose of it absolutely; if the lessee, soon after the execution of the lease bonâ fide intend to cut down the whole of the then growing timber and coppice, &c. and give notice in writing to that effect, and the lessor do not accept the purchase, but disclaims it; the lessee may proceed to cut down the whole in different seasons according to his convenience; and is not obliged to give a fresh notice at every succeeding cutting; and this, though the lessor had in the interval assigned his interest in the land to another. Goodtitle d. Luxmore v. Saville, T. 52 G. 3. Page 87 But after such assignment it is sufficient for the lessee, after ejectment brought by the assignee of the lessor for a forfeiture, to give such assignee notice to produce the original notice in writing of the intention to cut the whole, and he is not bound to shew that he applied for the same to the original lessor, (who had left the country) or to his agents, or gave them notice to produce it; for it will be presumed to have been delivered up to the assignee of the reversion as a document relating to the estate; and on default of its production at the trial, he may give ib. parol evidence of it.

[blocks in formation]

F. and Co. were the acting agents in procuring such licence and in carrying on the adventure, though the person was a foreigner residing here under an alien licence at the time. Feise v. Newnham, M. 53 G. 3. 197

LIMITATIONS OF ACTIONS, See EVIDENCE, 3, 4.

MAGISTRATES.

See APPRENTICE, 4, 5.

pro

1. It seems that if a conviction be good upon the face of it, the duction and proof of it at the trial will justify the convicting magistrates under the general issue in an action of trespass, as well in respect of such facts therein stated as are necessary to give them jurisdiction, as upon the merits of the conviction. Gray v. Cookson and Clayton, T. 52 G. 3. 13

2. But the stat. 43 G. 3. c. 141., extends to protect magistrates against actions of trespass only in the case of a conviction quashed; giving to the party grieved a remedy by action on the case. ib.

[blocks in formation]

NEW ASSIGNMENT, See PLEADING, 3, 4.

NOTICE,

See BILLS OF EXCHANGE, 1, 2.

CARRIER, 1. LEASE, 2

NOTICE TO QUIT,

See TITHES, 1.

NUISANCE,

See COSTS, 2.

PARTNER.

Where the party sued as a partner for the value of goods furnished for "the owners of a ship," was neither a partner in fact at the time, (having parted with his share some time before,) nor held himself out as such, having before withdrawn his name from the description of the firm at the counting house, and sent circular letters to the correspondents of the house, notifying the change; he cannot be charged merely because having defectively conveyed his whole share in the ship before that time, he had subsequently joined with the assignees of the bankrupt partners in the ship in making a good title to it to a purchaser from the assignees. M'Iver v. Humble, T. 52 G. 3. 169

[blocks in formation]

39

the defendants to rejoin that the venue in the action against the principal was in London; for that sustains the plea. Dudlow v. Watchorn, T. 52 G. 3. 2. To debt on bond, conditioned to perform an award, under a reference of all matters in difference between the parties, it is a good plea in bar that at the time of the submission certain negotiable bills of exchange, drawn by the defendant and accepted by the plaintiff, were then outstanding, and that an indemnity of the defendant against such bills was a matter in difference between the parties, which was notified to the arbitrators before the award made, and that they made no award concerning it; and that some of the bills had not been paid by the plaintiff, and the defendant was still liable to the holders; though it appeared by the award set forth that the arbitrators stated therein that they had heard the allegations of the parties, and examined all the accounts, bills of exchange, &c. and all other evidence and proofs produced to them touching the matters in difference, and awarded of and concerning the same, that the defendant should pay to the plaintiff 1500l. in full of all claims and demands upon him, &c.; and so proceeded to award concerning other specific matters; but without mentioning such outstanding bills, or any indemnity concerning the same. Mitchell v. Staveley, T. 52 G. 3.

58

3. In trespass for an assault and false imprisonment, the defendant having justified the assault and imprisonment under a writ sued out by him as attorney for J. M. against the plaintiff, indorsed for bail for 100l., which was delivered to the sheriff, who, by virtue thereof, arrested and detained the plaintiff; if the plain

4.

[blocks in formation]

Trespass quare clausum fregit, &c.; plea, that defendant was seised in his demesne as of fee of a messuage, &c. in the parish, and that he and all those whose estate, &c. have a right of way for himself, his and their farmers and tenants, occupiers of the messuage, &c. over the locus in quo to and from the messuage, &c. as appertaining thereto; replication that defendant and all those, &c. have not the said way as appertaining to the said messuage, &c.; Held that the defendant's shewing that he was seised in fee of an ancient messuage in the parish, to which a right of way, as pleaded, over the locus in quo belonged, was evidence sufficient to support his plea, although the messuage was let to and in the occupation of a tenant, and the defendant only occupied a newly built house in the parish at the time of the trespass.

Plea that defendant was seised in his demesne as of fee, &c., and that he and all those whose estate, &c. have a right of way for himself, his and their farmers and tenants, occupiers, &c. is good, without alleging that the defendant is occupier. Stott v. Stott, M. 53 G. 3. 343

POORS' RATE.

Stock in trade is rateable to the poor, notwithstanding it has never been

rated

rated in the parish, unless there be some circumstances to take it out of the general rule; but on appeal against a rate on the ground that A. is not rated for his stock in trade, the sessions ought to amend the rate, and not quash it. Rex v. Inhabitants of Ambleside, M. 53 G. 3. 380

POOR-REMOVAL.

A pauper may be removed from a parish where he is residing under a certificate to a parish in which he

[blocks in formation]

gained a settlement before the grant- See BILLS OF EXCHANGE, 3, 4, 5, 7.

ing of the certificate, and need not of necessity be removed to the certifying parish. Rex v. Inhabitants of St. Martin, M. 53 G. 3.

303

POST HORSE DUTY. In an action against a person licensed to let horses to recover a penalty for not inserting in his weekly account the time for which he let to hire two horses, nor the amount of the duty payable in respect of such hiring, where the declaration alleged that the defendant let to hire for a period of time less than 28 successive days, to wit for 8 days, &c.: Held that the letting need not be proved to have been for the exact number of days laid under the videlicet. Sergeaunt v. Tilbury, M. 53 G. 3.

PRACTICE.

416

[blocks in formation]
[blocks in formation]

Where a broker sold on Saturday certain goods of the defendant to the plaintiff for a stipulated price, subject to the plaintiff's approval of the quality upon the Monday following, and sent the bought note to the plaintiff on the Saturday, marked with the words Quality to be approved on Monday;" but did not send the sold note to the defendant then, because he had met and informed him of the contract on the same day; but the plaintiff not having signified his disapproval of the contract on the Monday, the broker sent the sold note to the defendant

[blocks in formation]
[blocks in formation]

Since the 13 and 14 Car 2. c. 12. an indenture of apprenticeship executed by the overseers of a township which has no churchwardens or chapelwardens, and maintains its own poor separately, is a valid indenture, al

[blocks in formation]

though neither of the churchwar-33. c. 39. s. 74. Extent.

dens of the parishes at large within which the township is situate join in the execution; therefore a service under such indenture was held to confer a settlement. Rex v. Inhabitants of Nantwich, M. 53 G. 3.

228

[blocks in formation]

5. c. 4. Apprentice.

Charles II.
13 & 14. c. 12. Overseers.

126

Hen. VIII.

258

Edw. VI.

2 & 3.

Tithes.

331

Eliz.

13

228

Will. & M.

5. c. 11. s. 3.

[blocks in formation]

5. c. 30. s. 9.

Geo. II.
Bankrupt.

Apprentice.
Geo. III.
Apprentice.

4 & 5. c. 16. s. 9, 10.

5. c. 11. Game.
8. c. 19. s. 5. Copyright.

1. c. 47. Misdemeanor.

17. c. 38. Overseers' Accounts.
20. c. 19. s. 4.

6. c. 25. s. 1.
13. c. 78. s. 81. Highway.

225

374

13

13

215

Geo. III.

« SebelumnyaLanjutkan »