and the habendum is at variance with them, and they cannot stand together, the habendum is void. The first part of a deed has priority in law, as well as in fact, which is said not to be the case with wills, 3 Dyer, 272; 14 Vin, 51, 56, 100, 141, 145. If therefore the habendum to Phebe, after the death of the donor, be inconsistent with and repugnant to the gift in presenti, set forth in the premises, the habendum is void, and Phebe was entitled to Rose from the date of the gift. It is unnecessary in this case to determine whether the premises and habendum may not be reconciled, by regarding Phebe as taking Rose in trust for her father during his life and to her own use after his death; in either case, she is now entitled to Rose, if the deed was not fraudulent and Rose was delivered in conformity to its provi stons. The motion for a new trial is therefore granted.
Was made in sufficient time. In-
dulgence given to drawer after
demand, on his promise to pay;
and suit afterwards brought a-
gainst him. Notice of nou-pay-
ment given to endorser, March,
1820. Held that endorser was
discharged on account of the
credit given to drawer, and for
laches in giving notice to endor-
ger. No sufficient evidence of a
promise to pay, after notice of
dishonor; which must be expli-
cit and clearly proved.-Ilous-
ton, vs. Frasier.
2. As between the original parties
to a promissory note, it may be
proved to have been given with-
out consideration, though ex-
pressed to be "for value receiv-
ed," and if so proved, it is nudum
pactum.-Singleton, vs. Bremar, 201
3. Bill of exchange, payable after
sight, and dated 20th June,
drawn by Deft's in Charleston,
on W. of New-York: The first
bill of the set, which had been
sent by Post, directed to the
payee in New York, was pre-
sented by a person unknown,
with the name of the payee en-
dorsed, but not in his hand wri-
ting; accepted 1st July, and at
maturity paid: After the pay-
ment, the second of the set was
presented by the payee, protest-
ed for non-acceptance 31st. of
August, and for non-payment
18th Sept. and notice given to
drawers: In an action on the se-
cond bill against the drawers, a
verdict was found for plaintiff's
and a new trial refused.-De-
pau, Deas & Co. ads. Ex'rs.
Browne,
4. The Notary of the branch bank
in Columbia, on the day that a
note discounted in Bank became
due, deposited a letter in the
post office, directed to the draw-
er who resided in the country,
demanding payment; and testiti-
ed that it was the practice of the
bank to make demands in this
way: Held not a sufficient de-
mand of the drawer, to charge
the endorsers.-Halls, Kirkpat-
rick & Co. vs. Howell,
See Assignment, 2, 3, 5. Time, 2.
1. Under the Prison Bounds Act,
the commissioner of special bail,
has only power to discharge, if
no sufficient cause be shown, for
disbelieving the prisoner's oath
or affirmation: if such cause be
shown, he has no power to de-
cide that the oath is false; nor
can his finding to that effect, be
given in evidence in a suit on
the bond for the bounds.-Ro-
binson, ads. Carwile,
COMMON CARRIER.
1. The Steam Boat of defendants,
going through an inland passage
to Charleston, grounded from
the reflux of the tide, in conse-
quence of which she fell over,
the bilge water rose into the
cabin and injured a box of books
belonging to plaintiff. Held
that defendants were liable for
the loss so occasioned.-Charles-
ton and Columbia Steam Boat
Co. ads. Bason,
2. The waggon of defendant, in
which he was carrying goods for
hire, stuck fast in fording a creek,
and the water rising suddenly,
damaged the goods: Held that
defendant was liable for the da-
mage so occasioned.-Campbell
vs. Morse.
CONDITION OF BOND.
See Location 6. Practice 15.
CONSIDERATION,
1. Past cohabitation is not a good
consideration to support a pro-
mise.-Singleton, vs. Bremar,
CONSTITUTIONAL LAW.
1. The Legislature may constitu-
tionally impose a rate of interest,
higher than the rate generally
established, on tax collectors who
fail to pay over public monies
in their has, at the times re-
quired by law.-Slate vs. Har-
rison, State, vs. Seaborn.
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