ib.

prizes made by British ships detached
in another direction, to which he
lent no actual co-operation in effect-
ing the capture.
Page 7
2. Because he is not in the pay of Bri-
tain; and the prize-acts and procla-
mations give the prizes only to those
who are in the king's pay.
3. And because he is not, within the
meaning of the proclamation, a flag-
ib.
officer assisting in the capture.
4. If an ally actually co-operates in ef-
fecting a capture, he cannot recover
any proportion of the prizes in the
common law courts of this country;
ib.
he must sue in the prize courts.
5. If the prize court condemns a cap-
tured vessel as prize to his majesty,
the sentence, while unappealed from,
is conclusive on the common law
courts, and on all the world, that no
ally or other person is entitled to a
ib.
share in it.
6. The common law courts cannot en-
tertain jurisdiction of the question,
whether prize or no prize, or by
ib.
whom taken.
7. The difference between prize to the
king jure coronæ, and droits of ad-
miralty.
8. A ship taken by a non-commissioned
vessel, is a droit of admiralty.
9. If taken by a commissioned and a
non-commissioned vessel jointly, it
shall be divided between the captors
and the admiral.
ib.
10. The form of the sentence of con-
demnation of prize under various cir-
Duckworth, Bart. v.

cumstances.

Tucker.

PROCESS..

See PRACTICE, IX.

26.30

26

26.31

PROPERTY IN CHATTELS.

See BANKRUPT III. 1, 2. PURCHASER.

1. Possession of a ship under a transfer
void for non-compliance with register
acts, is a sufficient title in trover
against a stranger, for parts of the

1. A plaintiff who is entitled to the
temporary possession of a chattel, and
delivers it back to the owner for an
especial purpose, may, after that pur-
pose is satisfied, and during his tem-
porary right, maintain trover for it
268
against the owner.

2. Upon a contract for the sale of an
estate, the title and abstract to be
made at the vendor's expence, the
purchaser is entitled to the custody
of the abstract, until either the pur-
chase is finally rescinded by consent,
or declared impracticable by a court
of equity.
ib.
3. And when the contract is deter-
mined, the abstract becomes the pro-
ib.
perty of the vendor.

4. If the sale proceeds, the abstract is
ib.
the property of the vendee.
5. But an opinion written thereon, as
it was necessarily written on the sell-
er's paper by his consent, continues
the property of the purchaser. Per
Mansfield C J.

ib.
6. A proviso that in case a vendor of

an estate cannot deduce a good title,
or the purchaser shall not pay the
money on the appointed day, the
agreement shall be utterly void, gives
an option to the vendor to rescind

the

the sale, in case the vendee does not
pay the money; and to the pur-
chaser to rescind, in case the vendor
does not make a title: but not vice
versâ.
Page 268
7. Whether a purchaser has a right to
the abstract for the purpose of mak-
ing a title to the purchasers of par-
cels. Quære. Roberts v. Wyatt. ib.

R.

RANSOMING PRIZES.

See INSURANCE, III. 1.

RECORD.

See EVIDENCE, II. 3.

RECOVERY.

59

1. It is no objection to a recovery with
a double voucher, that the tenant
jointly vouches the tenant for life,
and remainder-man in tail, who
Vouch over the common vouchee.
Doe, on the demise of Greasly, v. Nel-
son and Another.
2. The Court would not permit a re-
covery to be amended by inserting a
parish not named in the deed to make
a tenant to the præcipe, although it
appeared that the parish was named
in the instructions given for preparing
that deed, and that the lands were
parcel of the estate of an ancestor,
all whose estate was intended to pass.
Clutterbuck, demandant; Debary,
tenant; Langton, vouchee.
3. In a recovery, if the acknowledg-
ment of the vouchees is taken abroad,
a notarial certificate made to authen-
ticate the affidavit of the commission-
ers, must distinctly state that the affi-
davit was 66 sworn." Laidlaw, de-
mandant; Cox tenant; Brown and
another, vouchees.
205

96

4. Recovery amended by transposing
the names of the demandant and te-
nant. Roberts, demandant; Robin-
son, tenant.

222

cargo, for which freight was to be
paid at 11 guineas a ton for the whole
ship's admeasurement. If from poli-
tical circumstances she should be un-
able to discharge her cargo, and con-
sequently to obtain a return cargo,
the freighters agreed to pay a gross
sum, less than the amount of the
freight per ton; the ship being pre-
vented from discharging, and the
freighter supplying no homeward
cargo, the master took in goods on
freight, and brought them home to-
gether with the lead.
held that he was entitled to receive
The Court
the gross sum stipulated, and also to
retain the freight which the ship had
earned. Bell v. Puller and Another.

2. The master of a ship detained as
Page 285
prize, and libelled in the prize court
at Jamaica, gave bills of lading of the
cargo, to one who became bail for the
ship and cargo there: held that the
master had no authority to contract
that the cargo should be sold in Lon-
don, and the proceeds remitted back
to Jamaica, the owners being ready
to give a sufficient security to indem-
nify the bail in London. Johnson
v. Greaves.

SHIP'S REGISTER.

See EVIDENCE, II. 1.

SIMONY.

See ADVOWSON, 1.

STAMPS.

344

1. If an interest in land be of the value
of 201. an agreement for it requires
an agreement stamp. Emmerson v.
Heelis.
38

469f

179

162

38

195

ib.

(Bankrupt, costs.) ib.

2. If, on a sale by auction, the same
person is declared the highest bidder
for several lots, a distinct contract
arises for each lot; and although all
the lots together amount to a greater
value than 20%., no stamp is required
if the lots were separately of less
value than 204.

VOL. II.

ib.

ib.

4. And not in the shock.
5. The parishioner must in all cases
leave his nine parts in the field a rea-
sonable time for the parson to com-
ib.
pare the tithe with them.
6. Semble, that if the parishioner reaps
one land, and, in coming back along
the same land to reap the next, throws
out the tithe of the first, and shocks
his nine sheaves, he does not give a
sufficient time for the parson to com-
pare.
ib.

7. If the parishioner puts up his sheaves
into shocks before the parson has had
time to compare the tithe-sheaf with
the other nine, semble that the parson

has

U.

USAGE.

1. An allegation of an agreement to set
off a specific joint debt against specific
separate debts previously accrued, is
in substance proved by evidence of an
agreement, prior to the debts accru-
ing, to set off all joint debts that
should thereafter arise, against all
separate debts that should thereafter
arise. Kinnerley and Others, As-
signees of Brymer, v. llossack. 170
2. A joint demise by husband seised in
right of his wife, and his wife, is dis-
proved by evidence of a receipt for
rent given by the husband only. Par-
ry v. Hindle.
180

3. An averment of interest at the time
of effecting the policy is immaterial,
and need not be proved; it is suffi-
cient if the plaintiff be interested at
the commencement of the risk. Rhind
v. Wilkinson.
Page 237

4. If the plaintiff shew, on his declara-
tion in debt on bond against two, that
the bond is executed by three, it is
good matter of plea in abatement.
South, Assignee of the sheriff of Sur-
rey, v. Tanner and Jones.

5. Or in arrest of judgment.

254

ib.

6. But is no ground of nonsuit on the
plea of non est factum.
7. If a policy be effected on goods on a
ib.
voyage defined from A. to B., the
risk to commence at and from the
loading thereof on board, not saying
where, it must be intended a loading
at the place from which the voyage
commenced. Spitta and Others v.
Woodman.

8. And if the proof be, that the
416
goods were loaded in an earlier part
of the ship's course, and before her
arrival at the place where the voyage
insured commences, the plaintiff can-

not recover.

VENDOR AND VENDEE.

ib.

See USE AND OCCUPATION, 1, 2. PUR-
CHASER, passim.

VENUE.

W.

If