ing sued the defendants in trespass, CONTEMPT Of court. BOAT. they obtained, after a rule for plea, See BILL OF LADING. EVIDence, 5. a surrender of the assignees' in terest in the effects seized: Held, that this was a ratification of the seizure, and that the plaintiff could Hull v. Pickersgill not recover. and others. Page 282 6. A bankrupt, who has surrendered to his commission, is not guilty of felony within 5 G. 2. c. 30. though he refuse to answer questions concerning his property. The King v. Page. BARON AND FEME. And see VARIANCE, 2. 308 BOND. See AWARD, 2. VARIANCE, 1. BUM-BOAT ACT. BURIAL. See FORGERY. CHACE. See TRIAL AT BAR. The husband is not liable in an action for use and occupation to pay for the enjoyment of a house by his wife dum sola. Richardson See MONEY HAD AND RECEIVED, 2. v. Hall. BASTARD. 50 See MONEY HAD AND RECEIVED, 1. BILL OF LADING. CHECK. CHESTER. COGNIZANCE. By bill of lading, a ship-owner under-See REPLEVIN, 2. took, that goods should be delivered safe, "the act of God, the king's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever, save risk of boats, so far as ships are liable thereto, excepted." The goods having been dispatched from STATUTE OF LABOURERS. COMMISSIONERS. COMPENSATION. COMPOSITION. the ship, in her boat, according to See PROMISSORY NOTE. TITHES, 1. the usual course of trade in the CONSIDERATION. See PROMISSORY Note. CONTEMPT OF COURT. CON CONVEYANCE. See BANKRUPTCY, 3, 4. CONVICTION. CORN-RENT. COSTS. And see PRACTICE, 7. 1. The statute 43 Geo. 3. č. 46. § 3. for allowing costs to a Defendant, in case of arrest without probable cause, does not extend to cases where a Defendant pays money into Court, and the Plaintiff takes it out, though it be a much smaller sum than that for which the Defendant is holden to bail. Butler Page 66 v. Brown. 2. Where one of several issues is found for the Defendant, he is not entitled to his costs on that issue, though, in consequence of the Plaintiff's withdrawing his record at the assizes for the purpose of an amendment and re-entering it, the Defendant's witnesses were obliged to wait several days longer than they would otherwise have done. Trotman v. Holder. 222 trator, he found that only 20%. 4s.9d. was due from them, the Court would not allow the Defendants their costs under 43 G. 3. c. 46. 3. Payne v. Acton and others. Page 278 5. Trespass, four counts; for fishing in Plaintiff's close covered with water, several fishery and free fishery, and carrying away Plaintiff's fishes. Pleas, first, not guilty; second, that the close belongs to W. A., Defendant's master; third and fourth, that the several and free fishery belong to W. A. New assignment, setting out abuttals of Plaintiff's close, and replication traversing W. A's several and free fishery. Pleas to new assignment.-First, not guilty. -Second, that locus newly assigned is the close of W. A.- Third, that W. A. has common of fishery over the locus newly assigned. The issue on the common of fishery was found for the Defendant; as also that part of the first issue, which related to the second, third and fourth counts of the declararation. The other issues were all found for the Plaintiff, with 1s. damages, and 40s. costs on the first count. The Court confirmed the taxation of the prothonotary, who had allowed the Defendant general costs in the cause on the issues found for the Defendant, and the Plaintiff the costs of the issues found for the Plaintiff. Benett v. Coster. 3. The assignees of a bankrupt, when 2. Covenant for quiet enjoyment du- that the lease was a good lease, notwithstanding any act of J. M., and followed by a covenant for further assurance by J. M., his executors, administrators, and all persons whomsoever claiming, during the residue of the term, any estate in the premises under him or them: Held, by three Judges against Park J., that the covenant for quiet enjoyment extended only against the acts of the covenantor, and those claiming under him, and not against the acts of all the world. Nind v. Marshall. Page 319 CREDIT. DEED. And see PRACTICE, 9. settlement made on the marriage of H. W. with A. D. (after giving the husband and wife respectively, estates for life, with a power of appointing by deed or will jointly, during the coverture, and in default of such appointment, separately, after the death of either) contained the following limitation in default of such appointment: "To the use of all and every the child and children of the marriage, both sons and daughters equally, part and share alike, if more than one as tenants in common and not as joint tenants, and of the heirs of the body and bodies of all and every such child and children lawfully issuing; and in case there shall real estates in the county of K. or elsewhere to his sister Ann, the wife of T. Weatherall, in fee: Held, that Ann, who was already tenant in tail of one moiety of the lands comprised in the marriage settlement, became, as the heir at law of J. W. tenant in fee of the other moiety. Levin v. Weatherall. Page 401 DEFAMATION. shall be more children than one of The Defendant having written a letter, blaming the person to whom it was addressed for employing the Plaintiff to sue, added, "If you will be misled by an attorney, who only considers his own interest, you will have to repent it. You may think, when you have ordered your attorney to write to Mr. B., he would not do any more without your further orders; but if you once set him about it, he will go to any length without further orders:" Held, in an action for defamation, that the jury were properly directed to consider whether these expressions were meant of the profession in general, or of the Plaintiff in particular; and that it was not necessary to leave it to them to consider whether this was a confidential communication, or a malicious attack on the Plaintiff's character. Godson v. Home. DEVISE. 7 my freehold estate, consisting of thirty acres of land, more or less, with the dwelling house house and all erections on the said farm, situated at Sudbury Harrow, in the county of Middlesex," passes an estate in fee-simple. Harding v. Gardner. Page 72 2. Devise of certain freehold and copyhold lands and messuages at H. W. and S. to trustees to the use of devisor's daughter, E. A. P., for life, and, after her decease, then to the use of the issue of her body lawfully begotten; and, in default of issue, or in case none of such issue lived to attain the age of twenty-one years, then (as to the lands at H.) over to devisor's brother, S., for life, and, after his decease, then to the use of the issue of his body; and, in default of issue, or in case none of such issue lived to attain the age of twentyone years, then to devisor's brother H. for life, and after his decease, then to the issue of his body lawfully begotten; and, in default of issue, then to devisor's sister E., her heirs and assigns for ever. And, as to the lands at W., upon the death of E. A. P. without issue, or, if issue, they should not live to attain the age of twentyone years as aforesaid, to his brother H., his heirs and assigns; and, after the death of E. A. P., without issue as aforesaid, all the messuage at S. to his sister E., her heirs and assigns: Held, that E. A. P. took an estate for life in the premises. Merest v. James. 484 DISTRESS. See COSTS, 7. REPLEVIN, 1. Power. STATUTE OF LABOURERS. 1 1. A receipt for a promissory note, expressing a prospective and executory consideration on which the money thereby secured is to be paid, may be given in evidence as a receipt on a receipt stamp, and does not require an agreement stamp, as evidence of a contract. Watkins v. Hewlett. Upon the trial of an ejectment, evidence was received, that the usual and accustomed form of leases of the estate contained in a marriage settlement, for lives or years determinable on lives as well prior as subsequent to that settlement, was with a conditional proviso of re-entry, similar to that 2. in |