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the ship was driven by necessity into a barbour dry every tide, where she was moored along the quay, in the place usual for ships of her burthen, and in as safe a situation as could be found; and being sharp built, she was lashed to the pier by a rope from her mast head, which the mate insisted to be sufficient; though it was objected to by the pilot who had brought the ship in. When the tide ebbed, the rope broke, and the ship fell over and bilged, and the goods in consequence were damaged. If the rope had not broken, the accident would not have happened:-Held, that the ship was stranded. Bishop v. Pentland, M. 8 G. 4. page 49

V. Total loss.

5. A ship deserted at sea by her crew, under a bona fide belief that the ship is sinking, is totally lost. Holds

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JOINT STOCK COMPANY.

worth v. Wise, H. 8 & 9 G. 4. 673 I. Liability of members to third persons.

6. The right of the assured to recover as for a total loss, is not affected by her being afterwards restored at an expense equal to her value.

VI. Abandonment.

ibid.

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See PARTNER, 1.

1. A., B., and C., directors of a projected joint stock company, contract in their own names with D., a shareholder, for the purchase of a mine, and after the formation of the company, enter into further agreements with D. respecting the purchase, with a clause, exempting them from personal liability upon certain parts of the contract :Held, that A., B., and C., may be sued by D. upon those parts of the contract to which the exemption does not apply. Attwood v. Small, M. 8 G. 4.

246

2. As to the liability of the Patriotic Assurance Company of Ireland, see 158 (a)

II. Liability of members inter se.
See ATTORNEY, 2.

3. As to contribution, see Milburn v. Codd, M. 8 G. 4. 240

3 B

And see suprà, 1.

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son v. Home, M. 8 G. 4. page 191 2. Upon a demise " until Michaelmas next, and no longer," with the privilege of using part of the premises for specific purposes till Lady-day following, ejectment may be brought for those parts to which the privilege does not extend, in the interval between Michaelmas and Lady-day. Doe v. Houghton, M. 8 G. 4. 208 3. Such an agreement containing an express provision for giving up the farm at Michaelmas, the lessor, with the assent of the lessee, adds the words, "house and buildings:" Semble, that this alteration does not require a new stamp. ibid. 4. By a local act of parliament, and a lease made in pursuance thereof, A. grants to B. lands, with liberty to lay waggon ways for the carriage of coals, for the term of sixty years, and such further term as B., his executors, &c., shall work certain coal mines; proviso, (both in the act and the lease,) that if B. cease to work the mines, or fail in any one year to carry a certain quantity of coals to a depository called C., A. may re-enter. By a subsequent act the quantity to be carried is increased; proviso, that if B. do not yearly carry such increased quantity to C.," or to some other place near thereto, to be used as a depository for coals instead thereof," A. may re-enter. By the last proviso, the first is virtually repealed; and B. carrying the increased quantity to a depository near to C., is excused from carrying coals to C. Doe v. Brandling, H. 8 & 9 G. 4. 600 5. What shall be considered as net trent.

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644

6. As to what shall be considered an

usual covenant, sec AGREEMENT, 2,3.

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3.

LIEN.

I. General.

55

1. A wharfinger has a general lien in respect of wharfage. Holderness v. Collinson, M. 8 G. 4. 2. A wharfinger has not a general lien in respect of labourage and warehouse-room, except by agreement, ibid. General, continued, and undisexpress or implied." puted usage, may be evidence of such agreement. ibid. 4. But where the right is disputed in the place where the wharfinger lives, he cannot set it up against a customer, unless he has previously given him notice that he will deal only on those terms.

3 B 2

ibid.

740 MALICIOUS PROS.

II. Particular.

See VENDOR and PURCHASER. 5. A. purchased and paid for East India silks, the warrants for which he sent to B., his broker, with bills to nearly their value, drawn upon B., which B. accepted. B. did not pay his acceptances when due, but received from A. the acceptances of A. to nearly the same amount, for the purpose of taking up his own acceptances, but which he applied to his own use, and afterwards pledged the warrants with C. In trover for the warrants by A. against C.-Held, that by s. 8, of 6 G. 4, c. 94, B. not having paid his own acceptances, had no lien upon the warrants which he could transfer to C.; and that therefore C. had no right to detain them as against A. Fletcher v. Heath, M. 8 G. 4. page 335

6. As to the lien of the vendor of a chattel for the price, see Howes v. 288 Ball, M. 8 G. 4.

7. As to the lien of the vendor of a chattel for repairs, 291 (a) 8. No lien where possession obtained 292 (a) by wrong.

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1. A rule for a criminal information is no bar to an action for a malicions prosecution. Caddy v Burlow, M. 8 G. 4.

MANDAMUS.

page 275

See CORPORATION, 3.
I. In what cases granted.

1. This Court will grant a manilamus
to a canal company, to enter upon
their books the probate of the will
of a deceased shareholder; leaving
any question as to the validity and
effect of the probate to be raised by
a return to the writ. Rex v. Wor-
cester Canal Co. H. 8 & 9 G. 4.

529

2. The Court will grant a mandamus to commissioners entrusted by act of parliament with the regulation of the expenditure of a parish, to compel them to levy a rate for the purpose of paying off a sum borrowed on the rates by former commissioners without pledging their personal responsibility, where the liabilities created under the former act are reserved by the new act, although the latter directs that the commissioners shall be sued in the name of their clerk, and no interest has been paid within twenty years. Rex v. St. Paul, Shadwell, H. 8 & 9 591 G. 4. 3. Mandamus to justices to enter conRex v. tinuances and hear appeal.

Justices of West Riding of Yorkshire, H. 8 & 9 G. 4.

547

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