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possession of the tenant's goods. The court set aside the warrant of attorney on an affidavit of these facts, though A swore that a debt was bona fide due to him, and though it was objected that the court could not interfere on behalf of a person not party to the warrant. Martin v. Martin, 3 B. & Ad. 934.

2. A warrant of attorney was given to secure the payment of bills of costs to become due as well as of bills of costs already due and advances of money already made. The court allowed it to stand good for what was already due, though bad for the rest. Holdsworth v. Wakeman, 1 D. P. C. 532. 3. The warrant of attorney mentioned the plaintiff only, but the defeasance stated that it was given to secure payment to the plaintiff, his executors, administrators, and assigns. Held, that judgment could not be entered up by the executor. Manville v. Manville, 1 D. P. C. 544.

4. But where in a warrant given to three, no mention is made of survivors, judgment may be entered up by the survivor. Build v. Wightman, 1 D. P. C. 545.

WITNESS.

1. (Service of subpoena.) A lady living in the defendant's house had refused to see the clerk who came to serve her with a subpæna Held, that this afforded no ground for a motion. that leaving the subpœna at the house, might be deemed good service. Banres v. Williams, 1 D. P. C. 615.

2. An instrument attested by a person who has become blind, may be proved by proof of his handwriting, without calling him. Pedler v. Paige, 1 M. & Rob. 253.

3. In an action for negligently driving against plaintiff's carriage, he cannot examine his servant who was driving it, without a release. (8 Taunt. 454.) Wake v. Lock, 5 C. & P. 354.

4. (Bail, how made competent.) If one of the bail be tendered as a witness for the defendant, and double the amount sworn to, be deposited with the marshal, the judge will strike his name out of the bail piece, and he may be examined. (3 C. & P. 560.) Pearcy v. Fleming, 5 C. & P. 503.

WORK AND LABOR.

When a party engages to do certain work according to a specification, and does not perform it as specified, what he is entitled to is the price agreed upon, subject to the deduction of the sum which it would take to make it agree with the specification. Thornton v. Place, 1 M. & Rob, 218.

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1. (Bill of revivor.) A bill of revivor must set forth so much of the original bill, as to show that he has a title to revive the suit, otherwise it is demurrable. (See Mitford's Pleading, 76.) Phelps v. Sproule, 4 Simons, 318. 2. (Same.) A died, having appointed B his executor, who without proving, possessed himself of part of the assets. B died, having appointed C his executor, who proved his will, and also took out letters of administration with the will annexed to A. A bill was filed against C, for an account of the personal estate of A possessed by B, and by C since B's death. C having afterwards died, appointed D his executor, who proved his will, and E took out administration with the will annexed to A. The plaintiff then filed a bill of revivor against D and E. A demurrer by D was allowed, on the ground that he was not the representative of A.-S. C. 4 Simons, 321.

INCUMBRANCES.

(Priority.) A being possessed of a leasehold house, deposited the lease with B as a security for a debt. C afterwards obtained a judgment against A, and issued a fi. fa. thereon. The sheriff seized and sold goods of A, but not the house, and returned the writ. Whilst the writ was in the sheriff's hands D, with A's consent, paid the debt due to B, and took a transfer of B's lien as a security for that debt, and for other sums due to him from A. Held, that C having allowed the writ to be returned without requiring a sale of the house, lost his priority over D, who thereby became the first incumbrancer for his whole claim. (Causton v. Macklen, 2 S. 242.)— Williams v. Craddock, 4 Simons, 313. INJUNCTION.

(Expectant heir.) Injunction granted to restrain a tradesman from proceeding at law on securities for the price of goods furnished to an expectant heir in embarrassed circumstances, with the knowledge that the purchaser intended to sell them in order: o raise money. (Barker v. Vansommer, 1 Bro. Ch. Cas. 149.) King v. Hamlet, 4 Simons, 223.

INTERPLEADER.

B. and Co. deposited goods with the plaintiffs (warehousemen) -to await their directions; and they afterwards directed that the goods should be transferred to and held for T., which was done accordingly. The goods were subsequently claimed by C. as having been deposited by him with B. and Co., as his agents, for the purpose of sale. Held, that although the plaintiffs were the agents of B. and Cr., yet that C. claimed under a paramount title; and, therefore, that it was a case of interpleader. Pearson v. Cardon, 4 Simons, 220. JURISDICTION.

If a party claims before the Commissioners appointed under the conventions for indemnifying British subjects for the confiscation of their property by the French Revolutionary Government, in a character which he really sustains, and an award is made to him in that character, a Court of Equity has no jurisdiction to interfere at the suit of a party claiming to have a better title to the compensation. (Hill v. Reardon, Jacob, 84; 2 S. & S. 431; 2 Russ. 608.) Lloyd v. Trimlestoun, 4 Simons, 296.

LEGACY.

A testator devised certain estates to A for life, remainder to B in fee. He gave a legacy to C to be paid by B, within twelve months after the death of A, and he charged his estates with the payment of the legacy. C died in A's life-time. Held, that although the payment was postponed, the legacy vested on the death of the testator. (Lowther v. Coudon, 2 Atk. 127.) Poole v. Terry, 4 Simons, 294.

PLEA.

(Plea.) Where a right of action is founded upon a variety of circumstances put together, a plea which attempts to show that the action cannot be maintained, by confessing and avoiding some of the circumstances, and denying the rest, is bad; as reducing the plaintiff to the necessity of proving in equity, without a discovery, that he has a right to support the action. Robertson v. Lubbock, 4 Simons, 161.

PRACTICE.

1. (Production of deeds by defendant.) On an information to set aside leases granted by a corporation, a defendant was ordered to produce certain deeds by which the leases had been subsequently settled, and which he by his answer admitted to be in his possession; on the ground that if the leases were set aside, every portion of the legal estate in the terms must be

surrendered or assigned, and the Attorney General had therefore a direct interest in the deeds in question. Attorney General v. Ellison, 4 Simons, 236.

2. (New trial of issue.) A court of equity directs an issue to satisfy itself what is the truth of the case; and if it appears that, notwithstanding the improper reception or rejection of evidence, there is enough in the case to sustain the finding of the jury, the Court will not direct a new trial. (Warden and Minor Canons of St. Paul's v. Morris, 9 Ves. 155.) Tucker v. Wilkins, 4 Simons, 241.

REVERSIONARY INTEREST.

(Inadequacy of price.) A sale by an heir apparent of his reversionary interest, was set aside on account of inadequacy of price, and advantage taken of his embarrassments. (Davis v. Duke of Marlborough, 2 Swans. 108.) Earl of Portmore v. Taylor, 4 Simons, 182.

SALE. See REVERSIONARY INTEREST.

LEGISLATION.

MAINE.

At the session of the thirteenth legislature of Maine, held in January, 1833, forty-three public acts were passed.

Ch. 80.-Banks. Sec. 1. In addition to the returns prescribed by the 22d section of the act to regulate banks and banking,' the cashier of each bank is required to make similar returns on the first Mondays in January and June in each year, and to transmit the same to the secretary of state; and the forms of returns directed by that act, to be furnished by the secretary of state, shall contain an additional column under the head of "Resources of the bank," for bills of other banks without the the State;' if any cashier neglect to transmit any such return, the corporation are to forfeit a penalty not exceeding $1000, to the use of the State.

Sec. 2. It shall be the duty of the secretary of state, after receiving the returns of the several banks, made on the first Mondays in January and June in every year, to cause a true abstract of the returns to be printed, and to transmit a copy to the cashier of each bank in the State.

Sec. 3. From and after October 1, 1833, 'no bills of the denomination of five dollars, or over, impressed from Perkins' stereotype plate, shall be issued by any bank, unless they also upon the back of them the impress of the Perkins' stereotype check plate.'

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Sec. 4. Besides the Perkins' stereotype bills, now allowed by law to be used, it shall be lawful for any bank to issue bills of such other plates of finer engravings, superior workmanship, and greater security against counterfeits, as may from time to time be allowed and approved by the bank commissioners of the State, by their certificate in writing.'

Sec. 5. The 2d section of the act passed March 8, 1832, and the 24th section of the act passed March 31, 1831, relative to banks and banking, are repealed.

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