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1. A select vestry, consisting of an indefinite number, may legally exist by custom. Golding v. Fenn, H. 8 & 9 G. 4. 647 2. Such custom, though it may, perhaps, imply that there must always be a reasonable number with reference to the circumstances of the parish, is not abrogated by the acceptance of, and long acquiescence in, a faculty, by which the Ordinary grants and confirms a select vestry, fixes the number at forty-nine, and appoints certain individuals, among whom are some of the former vestry, to be vestryibid.
4. The interest of a tenant from year to year, or of the executrix of such tenant, of an estate under 10l. a-year, passes to her husband on their marriage by operation of law, and he acquires a settlement by forty days' residence thereon. Rex v. Ynyscynhaiarn, M. 8 G. 4.
16 5. The wife of a person who was legally settled in A., but was a transported convict, went to B., and resided there upon an estate
in which she was jointly interested
Rex v. page 431 6. The expenses of the surrender of a copyhold estate, paid by the purchaser to his attorney, are not part of the consideration, so as to bring the purchase within the 9 G. 1, c. 7, s. 5, and entitle the purchaser to a settlement. Rex v. Cottingham, M. 8 G. 4. 469
IV. By hiring and service.
See EVIDENCE, 11.
clothes per annum; to give a month's notice if he wished to leave, but to be dismissed (for misconduct) at any time. The
college is exempt from poor rates, and pays no taxes for its servants. The pauper remained a year in the service, boarding and lodging in the college:-Held, that he acquired a settlement in Sandhurst. Rex v. Sandhurst, M. 8 G. 4. 95
Vide infrà, 13, 15.
10. A contract of hiring and service for a year, made on a Sunday, is not within the prohibition in 29 Car. 2, c. 7, s. 1; and due service under it confers a settlement.
v. Whitnash, M. 8 G. 4.
A. agrees with B. to serve him as
ostler at 2s. a week in the summer, and 1s. 6d. a week in the winter:Held, a weekly hiring. Rex v. Rolvenden, H. 8 & 9 G. 4. 689 12. Under a general hiring the servant is bound to serve and the master to employ for a year.
7. A. asked B. an innkeeper for a
8. A pauper, under
himself by contract to serve on board a ship trading to Newfoundland. While he was so serving and before he attained twenty-one his father acquired a new settlement. The pauper, after he had attained twenty-one, returned to his father's house :-Held, that the pauper was not emancipated when his father acquired the new settlement, and that his settlement shifted with that of his father. Rex v. Lytchett Matravers, M. 8 G. 4.
9. The pauper was hired by one of the superintendents of the Royal Military College at Sandhurst, at 16s. a-week, and two suits of
16 13. A hiring for as long as the servant pleases is a hiring at will, and rebuts the presumption of a hiring for a year. ibid.
Vide suprà, 9.Infrà, 15.
V. By payment of rates.
14. A residence of forty days, previous
Rex v. 448
VI. By renting a tenement.
15. The taking of a tenement at twenty guineas a year, the rent to be paid weekly, but either party to be at liberty to give three months' notice from any quarter-day, is a yearly hiring within 6 G. 4, c. 57. Rex v. Herstmonceux, M. 8 G. 4. 426 Vide suprà, 9, 13.
SOUTHWARK COURT OF
16. Under 6 G. 4, c. 57, the bona fides of the renting relates only to the contract as between landlord and tenant. Rex v. Kibworth Harcourt, H. 8 & 9 G. 4. 17. The whole rent need not be paid by the renter, provided it be actually SPRINGING CONSIDERATION.
SEWERS RATES. See AGREEMENT, 2.
See JUSTICES, II.-LANDLORD AND TENANT, 1-PRACTICE, 13, 14. 1. A., by signing his initials, executes
a warrant of attorney, wherein he is misnamed. Judgment is signed, and a fi. fa. issues in the wrong name. The sheriff seizes, but afterwards abandons the possession in consequence of the plaintiff's refusing to indemnify him against a claim of property set up by a stranger. The sheriff cannot return nulla bona. Reeves v. Slater, M. 8 G. 4. 265 2. No action would lie at the suit of A. against the sheriff for such seizure. 267, 268 3. Sheriff bound to ascertain whether the person whose body or goods he takes is the party against whom judgment was given.
1. Stage coach proprietors not within 3 Car. 1, c. 1, or 29 Car. 2, c. 7. Sandeman v. Bridge, T. 8 G. 4. 457 (a) 2. An action will therefore lie for neglecting to convey a passenger on a Sunday. ibid.
I. Ad valorem, See ARBITRAMENT, 1.
1. Where an agreement duly stamped contains a special clause for referring disputes to arbitration, and in a second agreement between the said parties, it is stipulated that disputes as to the construction of the second agreement shall be decided by arbitration, according to the provision of the first agreement, a stamp adapted to the number of words actually written in the second agreement, without counting the clause referred to, is sufficient. Attwood v. Small, M. 8 G. 4. 246 2. "I have in my hands three bills which amount to 1207., which I have to get discounted, or return on demand," requires no stamp. Mullett v. Hutchison, H. 8 & 9 Ġ. 4. 522
See INSURANCE, 1, 2.-STRANDING, 1. 1. In trover for a ship with "the apparel and appurtenances thereto belonging," the plaintiff cannot set up a distinct title to a new boat and cordage. Shannon v. Owen, M. 83. Nor an acknowledgement by an atG. 4.
See EVIDENCE, 12.-MUTINY ACT, 1.
torney of the receipt of deeds. 526 4. Nor an IO U. 706
III. Bills and Notes.
5. Where money is advanced upon a note purporting to bear interest. at