in the indenture then before the court: Held, by three judges that the evidence of the former leases was well received. Doe dem. Jersey v. Smith. Page 97 3. Where the Defendants, having had notice to produce the probate of the will of their testator, refused to produce the same: Held, that an instrument produced by the officer of the ecclesiastical court, purporting to be the will of the Defendant's testator, and indorsed by the officer, as being the instrument whereof probate had been granted to the Defendants, and In an action against a wine cooper, 219 that they had sworn to the value of the effects, was admissible in evidence in an action against the Defendants for money had and received by their testator in his lifetime. Gorton and Another, Executors, v. Dyson. 4. Where the question was, whether a bankrupt had possession of a stack of bark as reputed owner: Held, that evidence of his being reputed the owner of it was properly admitted, facts having been proved, which amounted to a disposition of the property by him as owner. Oliver and Others, Assignees, v. Bartlett 269 5. In trespass against magistrates for taking and detaining a vessel, a conviction by Defendants under the Bum-boat act, (no defect appearing on the face of the conviction,) is conclusive evidence that the vessel in question is a boat within the meaning of the act, and properly condemned. Brittain v. Kinnaird. 432 for changing on the road wine which she had been hired to carry from one house to another, the Court will not presume that the wine was removed for the purpose of sale, and so consider the transaction illegal under the excise laws. Toussaint v. Darbon, 5 FOREIGN ATTACHMENT. PRACTICE, 7. SHERIFF, 2. Where A. mortgaged land with a wind-mill on it, (built chiefly of wood,) the deed containing also a bargain and sale of the mill: Held, that it could not be taken in execution by a creditor of A., though A. remained in possession. Steward v, Lombe. Page 506 EX to B. and C. in common in tail. A. was also tenant in fee of other common field land called Whiteacre. The commissioners under an inclosure act allotted to A. Greenacre in lieu of Blackacre and Whiteacre conjointly, without distinguishing the portion allotted in right of each. A. devised all his lands to D. in fee, and died. Upon a conveyance by B. and C. to D. of all the land allotted to A. in right of Blackacre, and a recovery suffered of the entirety of certain acres fewer than were comprised in Greenacre, Burrough J. held, that all the estate of the tenants in tail was comprised in that recovery, and the Court refused to amend it by the insertion of more acres. R. Barlow, Demandant; Macdougal, Tenant; W. Barlow, Vouchee. Page 69. 4. Where a recovery 50 years old was found, by mistake, to comprise only two messuages and 20 acres of land, instead of six messuages and 300 acres of land, the blunder being wholly unexplained and unaccounted for, the Court refused to permit an amendment by substituting the larger quantity. Collingwood, Demandant; Wilmot, Tenant; Lord Howe, Vouchee. 83 FINES AND RECOVERIES, PRACTICE OF PASSING. 1. Where the præcipe in the vouchee's warrant of attorney in a recovery rightly described the parties to the plea, but the body of the warrant of attorney expressed, 2 treasurer is, by the act, ordered to pay. The prisoner framed an order, purporting to be the order of a magistrate on the treasurer of a county, to reimburse one Cose, the expences of burying a dead body cast on shore: Held (by seven Judges against five,) that this was a forgery, though there was no such magistrate as the individual mentioned in the order, and though the order did not state Cose to be a parish-officer, or that the expences incurred were reasonable and necessary. The King v. Froud. GARNISHEE. Page 300 INTERLINEATION. JUDGMENT. See PRACTICE, 7, 11. JUSTICE OF PEACE. 1. Where a vessel being under the conduct of a pilot, in going up a harbour, took the ground in the ordinary course of navigation, and afterwards being moored at a quay, on the ebb of the tide took the ground, fell over on her side, and was injured, and her cargo damaged: Held, that this was not a stranding, for which the insurer was liable. Hearne v. Edmunds. Page 388 2. Policy of insurance on ship at and from L., to her port or ports, place or places of discharge, and loading in Africa and African Islands, and during her stay there, and at and from thence back to L., or her final port or place of discharge in the United Kingdom, with liberty in that voyage to proceed and sail to, and touch and stay at any ports or places what-1. If the land-tax and paving-rates 66 LAMBS. See TITHES, 2. LAND-TAX. See LANDLORD AND TENANT, 1. LANDLORD AND TENANT. are not deducted, (as they ought to be) from the rent of the current year, they cannot be deducted, or the amount of them be recovered back, from the landlord in any subsequent year. Andrew v. Hancock. 37 policy, inserted after the words, 2. An usage for the landlord to pay 4 a sum a sum in compensation to the off. going tenant, for labour and expence bestowed by him in tilling, MODUS. See TITHES, 1. fallowing, and manuring arable MONEY HAD AND RECEIVED. And see ANNUITY. EVIDENCE, 3. and meadow land, according to the course of good husbandry, the SHERIFF, 2. advantage of which labour and ex-1. If the putative father of a bastard, pence the tenant could not otherwise reap, is a reasonable usage. And such practice, being a mere usage of the neighbourhood, is not to be considered as a custom, strictly speaking, and need not be immemorial. Dalby v. Hirst. Page 224 LEASE. pay, before its birth, a fixed sum to the parish-officers to discharge him of all future responsibility for the maintenance of the child, after the birth and death of the child he may recover back such part of the money as remains unexpended, as had and received to his use. Watkins v. Hewlett. Page 1 See COVENANT, 1, 2. POWER. VA- 2. Where the Defendants presented for payment a post-dated check, knowing it to be post-dated, and that the maker of it was insolvent, and the plaintiffs, in ignorance of these circumstances, paid the check for the honour of the maker, expecting funds from him in a short time, though they had none at the moment, a verdict having been taken for the Defendants, with leave for the Plaintiffs to move for a new trial; the Court granted a new trial, Martin and Others v. Morgan and Another. 289 MORTGAGE. See COVENANT, 1. EXECUTION. MURDER. See AUTREFOIS Acquit. NOTICE. See HUNDRED. PRACTICE, 11, 13. TITHES, 1. T |