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BILL OF EXCHANGE. Where a bill is drawn payable at a particular place, and the drawee accepts it payable at that place, in an action against the drawer, presentment to the acceptor at that place must be proved. Gibb v. Mather and Others.

4. Defendant, a leaseholder, underlet to N., and put him in possession under an agreement to grant a lease when N. should have paid 1200%., which he was to do by instalments in three years, in the mean time paying rent at certain days to Defendant, subject to distress for nonpayment. Defendant received rent from N., but omitted to pay the superior landlord, who 'distrained on N. for arrears due from Defendant. N. having become bankrupt, Held, that the It damage incurred by this distress was a cause of action on which his assignees might sue. Hancock and Another, Assignees of Nicholles, a Bankrupt, v. Cafyn.

358

5. By marriage-settlement, S. covenanted to cause 4000l. to be paid to his wife's trustees within twelve months after his own decease, in trust to pay her the interest for her life in case she survived him, and afterwards the principal to their children; but it they had no children, to the survivor of them, S. and his wife, his or her executors or administrators:

Held, that this was a debt on a contingency, proveable under a commission of bankrupt against S. Ex parte Tindal.

402

BATH COURT OF REQUESTS. See PRACTICE, 6.

BLOCKADE.

Page 214

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COPYHOLD FINE.

What evidence sufficient to establish a custom for the payment of a full fine by remainder-man upon admission

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Held, that the judgment in K. B. for defendant was valid, although not entered up within two terms after death of defendant, verdict having been given during her life, and the delay occasioned by a motion touching an award. Bridges, Widow, v. Smyth, Spinster. 3. Plaintiff had judgment against E. for 24971., and issued a writ of fi. fa., to which the sheriff returned nulla bona, being indemnified by E.'s attorney, to whom, with other trustees, E.'s property had been conveyed in trust, to pay creditors. A verdict having been given for the sheriff, in an action against him by Plaintiff for a false return, Plaintiff was not allowed to set off the costs in that

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5. Subsistence allowed in costs in a

6.

7.

policy cause, to the master of a ship insured, a material witness, from the time of subpoena to the time of trial, although the witness resided in England, was not examined, was a master in the royal navy, and did not shew the permission of the admiralty for him to engage in the merchant service. 195 Mount v. Larkins.

Where in an action by the assignees of a bankrupt the bankruptcy is disputed, but the cause is referred to arbitration, the Judge before whom the cause is opened cannot certify under 6 G. 4. c. 16. s. 90. for the costs of proving the bankruptcy, although, upon referring, the Defendant agrees to admit the validity of the commission. Barthrop and Others, Assignees of Yates, a Bankrupt v. Anderton.

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Interlocutory costs may be set off against final costs, where the payment of them at the time they are adjudged is not strictly a condition precedent to ulterior pro330 ceedings. Doe v. Carter. 8. A captain of a ship, witness in a cause, is allowed for his subsist

ence

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of other estates to be settled to such of the uses in the will of B. as should be existing undetermined or capable of taking effect at the time of the sale. The trustees sold, and with the purchase-money purchased an estate, which, by a conveyance reciting the act, was conveyed to them to such of the uses in the will of B. as were then existing undetermined and capable of taking effect. Held, that under this conveyance, the trustees took a fee. Wortham and Another v. Mackinnon.

DEMISE.

Page 564

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one years, when he shall attain such age, and his heirs; but in case I depart this life without leaving a son, or leaving such, none shall attain twenty-one, to my daughter Jane, if she shall attain twenty-one, and her heirs; but should I depart this life without leaving issue, to L. and his heirs."

Testator left one child, his daughter Jane, who died without issue under the age of twenty

one:

Held, that L. took nothing by the devise to him. Doe dem. Rew and Others v. Lucraft. Page 386 3. J. H. devised his copyhold pre

mises called P., &c. to the use of trustees, in trust for his wife, during her life or widowhood, or so long as she should reside upon the premises; remainder to the uses declared of his residue: he devised to the same trustees a freehold estate, charged with an anannuity, in trust for his daughter for life; remainder to the use of her children in tail, and in default of issue upon the trusts declared as to his residue; he further devised to the same trustees certain freehold premises, and all the residue of his real estates, in trust for his son H. for life, charged with an annuity to testator's wife, remainder in tail male to the issue of his son; on failure of such issue, a further annuity being thereupon payable to testator's wife, to the use of his grandson G. for life, remainder to the sons of his grandson in tail male; and on failure of

such issue, to the use of the sons of his daughter in tail male, remainder to his right heirs. He bequeathed all his ready money to his wife absolutely; the dividends of all his money in the funds to his wife for life; and all the personal property in and upon the copyhold premises, in trust for his wife, during such time as she should be entitled to the copyhold premises, and on the determination of her estate therein, for his son, the devisee of the residuary real estate. The testator, by his first codicil, referring to his will, and reciting the death of his son, devised to the husband of his daughter, after her death, the freehold estate devised by his will to her; charged his residuary estate with a further annuity to his wife, over and above those already limited thereout for her benefit; bequeathed two further annuities to his daughter and to her husband, and revoked the bequest of his personal property in and about his copyhold premises, giving the same and the residue of his personal property absolutely to his wife, and in the event of her death before him, to his nephew. By a second codicil the testator appointed his wife sole executrix and residuary legatee of his personal property; and by a third codicil directed the proceeds of certain shares in the County Fire Office, to be enjoyed by his wife for life; after her death, by his daughter and her husband for life;

and

and after their decease by his heir in possession. By a fourth codicil, revoking and making void several of the dispositions theretofore made by his will and codicils, of all his freehold, copyhold, and personal estate and effects of every kind and description, instead and in place of such devise, disposition, and bequest thereof, gave, devised, and bequeathed all and every his freehold, copyhold, and personal estate and effects of every kind and description whatsoever and wheresoever situated, to his daughter for life, remainder to his grandson and his heirs in strict entail, the rents to accumulate for his benefit till he was twenty-one; and on failure of issue, as by his will directed: he ratified and confirmed the several annuities and donations by his will and former codicils bequeathed; and gave and bequeathed to his wife a further annuity, with the like restrictions as the former, were payable; in all other respects confirming his will and codicils: Held, that the devise to testator's wife of the copyhold premises called P. was not revoked by the fourth codicil.

To revoke a clear devise, the intention to revoke must be as clear as the devise. Doe dem. F. Hearle and A. M. Hearle, his Wife, v. Hicks. Page 475

DISTRESS.

See RENT-CHarge.

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