fines are to be imposed on persons refusing to take upon themselves offices to which they are elected. When the common council are assembled in their elective capacity, it is sufficient if any nineteen chief burgesses are present; and it is not necessary that the presence of a majority of the twelve chief-burgessescouncillors, and the presence of a majority of the twenty-four chief burgesses not being councillors, should concur. Rex v. Headley, M. 8 G. 4. page 345 2. There may be a good elective assembly of a select body in a corporation, without notice of the purpose of the meeting being previously given. Rex v. Chetwynd, H. 8 & 9 G. 4. 534 3. As where every member is present, and all agree to proceed to an elec. tion. 538, 538 (a) 4. So, where it is usual to proceed to an election after notice to every member to attend a meeting without intimating the purpose of the meeting. 538

5. As to sufficiency of notice, see

542 (a) 6. Where a right of election is given by charter to persons, describing them in their corporate character, every member within that description must be present at the time of election. Rex v. Headley, H. 8 & 9 G. 4. 345, 383 7. And in the case of definite bodies, a majority of each definite body must be present at the election. ibid. 541(a) 8. Where a reasonable doubt arises as to the right of election to corporate offices, the Court will grant a quo 387

warranto.

9. What shall be sufficient notice of a meeting for the purpose of an election. 541, 542 (a)

II. Title to freedom. 10. An attorney is not as such a trader, nor is his articled clerk an apprentice, so as to entitle the latter to the

4. Where the expenses of an indictment for a misdemeanour are wholly defrayed by subscription, the nominal prosecutors are not entitled to costs within 5 W. & M. c. 11, s. Rex v. Cooke, H. 8 & 9 G. 4. page 526

5. Whether the near relations of a person whose body has been disinterred for the purposes of dissection,

are parties grieved within that statute, quære. ibid. 6. After judgment by default and writ of inquiry executed, the defendant cannot enter a suggestion under the Middlesex County Court Act, 23 G. 2, c. 33, to deprive the plaintiff of costs. Strutton v. Whitwell, H. 8 & 9 G. 4. 562

7. Under the St. Alban's Court of Requests Act, the defendant must plead his resiancy within the liberty; and if he omit to do so, he will not be allowed to enter a suggestion to deprive the plaintiff of his costs, where the verdict is under 40s. Anstee v. Liley, H. 8 & 9 G. 564 8. In scire facias, see 490 (a) 9. In ejectment, see EJECTMENT, 2. III. As between attorney and client. 10. In trespass for entry, expulsion,

4.

and mesne profits, plaintiff may recover the costs of the reversal of a judgment in ejectment for defendant, as between attorney and client. Nowell v. Roake, M. 8 G. 4. 170 IV. Double costs.

I. Principles of assessing. 1. In aggravation of damages in an action by A. for a malicious prosecution of an indictment against A. and B., evidence may be given of the misconduct of the defendant towards B. after his apprehension, to shew malice, Caddy v. Barlow, M. 8 G. 4. 275 2. No new trial for excessive damages in such action. ibid. 3. Measure of damages in action for not replacing stock at the day stipulated. 491 (a)

DEAD BODIES.

1. Costs to prosecutors of indictments for disinterring dead bodies, where allowed. Rex v. Cooke, H. 8 & 9 G. 4. page 526

DEBT, ACTION OF.

I. Upon matter of record. See the concurrent remedy by SCIRE FACIAS.

1. To a declaration on a judgment in debt on bond, the defendant cannot plead that the bond was conditioned for the performance of covenants, and that no breaches were assigned or suggested. 496 (a)

II. In the realty. 2. Debt for rent will lie against a party who, having agreed for a lease at a certain rent, has entered and paid rent according to the terms of the intended lease.

III. Upon other specialties.

138

See ARBITRAMENT. BOND.-DEVISE.- -HEIR.

IV. On simple contract. See ACCOUNT, 3, 4.-AMERCIAMENT, 1.-ARBITRAMENT, 1, 2.

See AFFIDAVIT, 1.-ARBITRAMENT,

DEMISE. See LEASE

DEMURRER.

See PLEADING, 9, 11.

I. General.

1. As to the propriety of raising questions for the opinion of the Court by demurrer, see

II. Special.

537

See BILLS AND NOTES, 14.-PLEADING, 9, and see page 496.

DEPOSIT.

See AUCTIONEER, 1, 2.

DEPOSIT NOTE.

See ACCEPTANCE, 1.-EVIDENCE, 3.

DEPOSITIONS.

See EVIDENCE, 7.

DEVISE.

I. What estate devisee shall take. 1. Upon a devise of lands in trust to educate the son of the devisor until twenty-one, provided, that if the wife of the devisor should be living when his son attained twenty-one, the devisee should retain and hold in trust so much as would secure to his wife 301. per annum; the wife of the devisor having died in his life time :-Held, that the devisee took a chattel interest only. rant v. Gough, M. 8 G. 4.

II. Liability of devisee.

Morpage

41

2. The obligor of a bond, without penalty, for the "payment to A. M. during her life of 201. a year, bequeathed to his wife 30l. a year for her life, and devised to defendant all his freehold messuages, &c. in trust to educate his son until twenty-one, and to account for profits at that time; provided, that if his wife should be living when his son attained full age, the devisee should retain and hold, in trust, such of his estates as would secure to his wife the said 30l. a year." Testator's wife died during his lifetime, and testator afterwards died leaving his son surviving, who afterwards died under age:-Held, that the estate of the devisee ceased on the death of testator's son; and that the devisee was not liable to A. M. for any arrears of her annuity which had accrued since his death, although the rents and profits exceeded the annuity. Morrant v. Gough, M. 8 G. 4.

41

III. Remedy of creditors against de

visce.

3. Under what circumstances a creditor shall have general judgment, and immediate execution against the devisee of the debtor, see 48, n.

See CONDITION, 1.-ENTRY, 1, 3.— EVIDENCE, 14, 15.-GRANT, 1.LEASE, 2, 4.

1. A. by deed "demised, leased, granted, assigned, transferred, set over, directed, limited, and appointed, to B. the moiety of certain lands," in the possession of A. and C., habendum to B. during the life of A. No livery of seisin was made. C. was, at the date of the deed, tenant from year to year to A. of part of the lands-Held, that an estate for the life of A. passed to B., who was entitled to recover in ejectment against C. upon the determination of A.'s estate by notice or disclaimer. Doe v. Cole, M. 8 G. 4.

II. Costs in.

33

by a party entitled to the possession is an entry, although nothing be said.

page 221 3. After entry the party is remitted to his possession with relation to the period at which his title accrued 221 (c)

II. Wrongful.

See COSTS, 8.-TRESPASS, 4.

EQUITY.

See DEVISE, 6.-EVIDENCE, 6.

ERROR.

See AUDITA QUERELA, 1.-BANKRUPT, 3.

I. Where a stay of execution. 1. Allowance of a writ of error is no stay of execution, where sham bail is put in. Bradley v. Gompertz, H. 8 & 9 G. 4. 567

II. At what period record removed. 2. Where the issue is upon the tra

verse of an allegation, that after the giving of judgment in C. P. the record was brought into K. B. by writ of error, it is sufficient to prove by the return to the writ of error that the transcript was brought into K. B. after taxation of costs in C. P. Nowell v. Roake, M. 8 G. 4. 175

ESCAPE.

I. Action for escape in execution. 1. In an action against the marshal for an escape, the plaintiff is entitled to an inspection of the habeas corpus and committitur before he declares. For v. Jones, H. 8 & 9 G. 4. 570 2. Secus, in C. P., in actions against the warden. 572 (6)

ESTATE.

I. Tenancy from year to year. See EJECTMENT 1.-SETTLEMENT, 4.