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VII. Examination respecting the estate of the bankrupt.
See COMMITMENT, 1.
7. What answers shall be deemed satisfactory. 572, 576, 577
VIII. Actions by assignees. 8. Assignees cannot at first adopt the act of a creditor interfering with the bankrupt's effects as creating a contract, and afterwards disaffirm it as a tort; although such act, if disaffirmed by them in the first instance, would have amounted to a wrongful conversion of the bankrupt's goods. Brewer v. Sparrow, M. 8 G. 4. 9. Nor can they affirm the same transaction in one part as a contract, and disaffirm it in another as a tort.
BILL OF LADING.
1. Title of indorsee.
1. Parol evidence of title acquired by indorsement of bill of lading. 447
BILL OF MIDDLESEX. See PRACTICE, 1.
BILLS AND NOTES. See LIEN, 3.-PARTNERS, 2.-POWER OF ATTORNEY.-SURETY, 1.
I. Notice of dishonour.
1. A. B. draws a bill at 30 days' sight on A. B.:-The drawer is not entitled to notice of non-acceptance. Roach v. Ostler, M. 8 G. 4. page120 2. Where A. B. draws on A. B., a letter written by A. B. the drawer to the payee, expressing his apprehension that the bill would be dishonoured, coupled with the fact, that the place to which the bill is directed is the usual residence of the drawer when in England, is evidence from which the identity of the drawer and the drawee may be inferred. ibid.
II. Waver of laches.
3. Laches of holder not waved by a promise of payment made in ignorance of such laches.
4. A., the acceptor of bills for 251. and 501., both over due, pays 227. 10s. to B., the holder, on account." B. says, “I wish to have the full amount of the 257. bill." A. replies, "I have no more money now, but will pay some more soon." B. then indorses on the 257. bill, received 221. 10s. in part of two bills:" B. may appropriate the payment to the 257. bill, though void for want of a stamp. Biggs v. Dwight, M. 8 G. 4.
And see infrà, 15, 16
IV. Acceptance supra protest. 5. Where B. accepts a bill for the honour of the drawer, on the refusal of A., the drawee, it must be presented again to A. for payment at maturity, before B. can be charged on his acceptance. Williams v. Germaine the elder, M. S G. 4. 6. Even in the case of a bill payable after sight. Ibid. 7. But in foreign countries the acceptor supra protest is considered as
394 See PLEADING, 9, 10.-VARIANCE, 1. I. Surety bond.
1. Obligor of bond conditioned for the faithful service of A. while in the employ of B., not discharged by
3 A 2
giving notice that after a certain period he will be no longer answerable. Semble, Calvert v. Gordon, M. 8 G. 4. page 497 2. Nor can the personal representative of the obligor so discharge himself. Semble. ibid.
And see PLEADING, 11. II. Arbitration bond. See ARBITRAMENT, IV. III. For the performance of covenants. 3. After judgment in an action of debt on boud, it is no plea to say that the bond was conditioned for the performance of covenants, and that no breaches were assigned or suggested in the first action. Anon. M. 1 & 2 G. 4. 496 (a)
I. Presumption as to the boundary
1. Where land, abutting on a ditch and a lane, on each side belongs to different owners, the presumption is, that the hedge and ditch on one side belong to the occupier of the land on that side. 65 2. But no such presumption arises where the land on both sides belonging to the same owner, he demises to different tenants. ibid. 3. And if such owner demise the lane jointly to the respective tenants, they become tenants in common of the lane. ibid. 4. The owners of two adjoining houses separated by a wall, are presumed to be tenants in common of that wall, and not as seised in severalty usque ad medium filum. Wiltshire v. Siaford, M. 8 G. 4.
II. Destruction of boundaries. 5. And in the absence of evidence of such seisin in severalty, no action can be maintained by the occupier of one house against the occupier of the other, for pulling down the wall. ibid.
See ALDERMAN, 1.-CHARTER, 1, 2, 5.-CORPORATION, 1, 12, 16.
See MANDAMUS, 1.-RATES, 1. CAPIAS AD RESPONDENDUM. See ATTORNEY, 12.-PRACTICE, 3, 4.
I. Bankrupt's. See BANKRUPT, 6.
1. After the first day of term, a commission of bankrupt issues against A. In the course of the same term B. signs judgment against 4. in trover: the judgment is a debt provable under the commission, and A.'s certificate is a bar to a sci. fa. Greenway v. Fisher, M. 8 G. 4. 330 II. Game.
See CERTIORARI, ].
2. A certificate purporting to be granted to a pauper and his family, by four persons, as churchwardens and overseers, is signed by two overseers and one churchwarden: this is an execution by the major part of the overseers and churchwardens within 8 & 9 W. 3, c. 30. Rex v. Whitchurch, M. 8 G. 4. 472 Where such a certificate was given in 1758, and it appeared that the signing churchwarden was nominated at Easter, and sworn in September, the usual time for swearing churchwardens, and there was no proof of his having been sworn when he signed the certificate, and the parish relieved the pauper and his family in another parish, at various times from 1758 to 1827 :-The Court presumed that the churchwarden was sworn before he signed the certificate, and held the certificate good. Rex v. Whitchurch, M. 8 G. 4. 472 4. Jurisdiction of magistrates must appear on face of certificate. 668 5. Whether the execution of a certificate by a churchwarden who has
I. Acceptance of.
1. By a new charter a corporation, formerly consisting of a mayor and burgesses, was made to consist of a mayor, aldermen, chief burgesses, and burgesses; the three former to constitute the common council. The common council and a majority of the burgesses expressed their assent to the new charter, some by voting at an election held under it, and others by a written declaration : -Held, that this was a sufficient acceptance of the new charter. Rex v. Hughes, H. 8 & 9 G. 4. 625 2. Quare, whether a majority of the burgesses need have concurred in such acceptance. ibid.
3. The acceptance of a charter is generally proved by evidence of acting under it. 636 4. Whether an acceptance of a charter is necessary, quære. 637 5. Semble, that acceptance of a charter by a reasonable number of the burgesses would be sufficient. ibid. 6. Any unequivocal act of the parties, expressive of their desire to accept the charter and to be governed by it, is a sufficient acceptance.
CHARTER-PARTY. See INSURANCE, 1.
CHIEF BURGESSES COUNCILLORS. 1. A select body in a corporation, designated as chief burgesses councillors, not necessarily aldermen. Rex v. Headley, H. 8 & 9 G. 4. page 345
See CERTIFICATE, III.-Overseers. -SELECT VESTRY,
See QUARE IMPEDIT, 1.
COMMISSIONERS OF BANK
COMMITMENT. See ATTORNEY, 12. I. Form of warrant. 1. The warrant must specify the cause of commitment. 622 (f) 2. Proper mode of describing cause of commitment. ibid. 3. On a question upon the legality of the commitment of a witness by commissioners of bankrupt, all the questions and answers must be looked at as forming one examination; and a witness cannot be committed for not answering as to his belief as to the intention of the bankrupt, unless other parts of his examination shew such belief to be material with reference to the person, trade, dealing, or estate of the bankrupt. Ex parte Bagster, H. 8 & 9 G. 4. 572 4. A warrant of commitment by one justice, under 39 & 40 Geo. 3, c. 94, s. 3, stating that "A. had been discovered and apprehended under circumstances that denoted a derange
See GENERAL AVERAGE.-JOINT
ment of mind, and a purpose of
See SETTLEMENT, 5.
COPY OF INDICTMENT.
I. Election to corporate offices. See CHARTER.-QUO WARRANTO, 1. 1. A charter granted to a corporation by prescription, recognizes the existence of a body consisting of thirtysix chief burgesses, and directs that the mayor, recorder, “and the chief burgesses, being the common council of the said borough, of which chief burgesses some are called, known, or distinguished, by the name and distinction of chief burgesses councillors, of the borough aforesaid, or the greater part of them, shall have power and authority to choose, nominate, and appoint, a mayor, &c.," and the mayor is to be chosen out of the chief burgesses councillors. It creates a court of record within the borough, which is to be held before the mayor, recorder, and the chief burgesses councillors, before whom also the sessions of the peace are appointed to be held, out of whom the justices for the borough are to be chosen, and by whom