upon an attachment, though af defective notice of bail had been served on the prosecutor. In re 54 G. 4. 393 4. After issue joined in assumpsit for goods sold, the plaintiff added a special count for not delivering a bill of exchange, and having recovered a general verdict:-Held, that the bail were discharged. Thompson v. Macirone, 5 G. 4. 619 5. The Court entered an exoneretur on the bail-piece after 2. execution against the bail, where the defendant in the original action was rendered in due time, but no notice of the render had been given until the goods of the bail had been taken in execution. Thorn v. Hutchinson, 5 G. 4. 712 то BAILOR AND BAILEE. Where 4. hired a room in the house of B. at 2s. per week, for the purpose of depositing goods. for safety, and kept the key of a padlock by which the room door was fastened, and the goods were stolen by one of B.'s family:-Held, that B.s. could not be sued as bailee for the value of the goods stolen. Peers v. Sampson, 5 G. 4. 636 BANKRUPT. See ASSIGNEES.-ATTORNEY, 2. EVIDENCE, 1, 2, 5. 1. Where A. became bail to the sheriff on a testatum capias against B. returnable the 13th, the 16th being the quarto die post, and the four days after the quarto die post expired on the 20th April, and A. became bankrupt on the 9th:-Held, that the bail-bond was forfeited on the quarto die post, the other four days being allowed merely ex gratiâ, and that the penalty of the bond was a debt provable under the commission, and was barred by the certificate. Coulson v. Hammond, 4 & 5 G. 4. 160 Where a country trader was in the habit of coming up occasionally to London, and staying a day or two at a friend's house, where he wrote his letters, and used to order goods to be sent to him there, and in the same street a creditor of his lived, and on a particular day he told his friend not to inform the creditor that he was in town, because the latter would be bothering him for his money; and shortly afterwards the creditor called at the house upon business, whereupon the bankrupt went into a back warehouse for ten minutes or a quarter of an hour, to avoid seeing the creditor:-Held, that this was a "beginning to keep house," within the meaning of 1 J. 1. c. 15. so as to support a commission of bankrupt. Curteis v. Willes, 5 G. 4. Plaintiff recovered damages and costs against defendant in an action of trespass, and signed final judgment on the 29th January. On the 23d of that month defendant committed an act of bankruptcy, and a commission issued against him on the 31st of the same month, and on the 3d May he obtained his certificate:-Held, that the damages and costs were a bona 224 fide debt within the meaning of 46 G. 3. c. 135. s. 2. and provable under defendant's commis BARON AND FEME.. See ANNUITY. sion, and having been arrested 1. By indenture, to which husband on a ca. sa. for the damages and costs, the Court discharged him out of custody. Robinsonv. Vale, 5 G. 4. 430 4. To an action for maliciously suing out a commission of bankrupt against plaintiff, the defendant pleaded, that plaintiff, being a dealer and chapman, and being indebted to the defendant in the sum of 100/., became and was a bankrupt within the meaning of the statutes concerning bankrupts, wherefore defendant sued out the commission in the declaration mentioned. The plaintiff replied, that the defendant, of his own wrong, &c., committed the grievances mentioned in the declaration. On demurrer that the plaintiff by this replication had attempted to put in issue three distinct allegations, viz. the trading, the bankruptcy, and the petitioning creditor's debt: Held, that the replication was sufficient, the plea of bankruptcy being pleaded only as matter of excuse. O'Brien v. Saxon, 5 G. 4. 579 5. Discharge under a Scotch sequestration is an effectual bar to an action for a debt contracted in England by a Scotch trader before the sequestration. Sidaway v. Hay, 5 G. 4. 658 BARGAIN AND SALE. See SHIP, 2.-TROVER.FRAUDS, STATUTE OF. and wife were the first and second, and a trustee for the latter, the third parties, respectively, reciting that unhappy differences had arisen between the husband and wife, and that they had mutually agreed to live separate, the husband covenanted to pay an annuity of SO. during so much of the wife's life as he should live, in full satisfaction of her support and maintenance, and of all alimony whatsoever, and that he would not at any time thereafter sue her for the restitution of conjugal rights; and the trustee covenanted that the wife should release her husband's real and personal estate from all claims for jointure, dower, or thirds, and that he would indemnify the husband for debts incurred. by the wife after separation :Held, that such indenture was valid in law, and that a plea by the husband" that the wife had instituted a suit in the ecclesiastical Court for restitution of conjugal rights, in which cause he had put in an allegation and certain exhibits, charging her with adultery, and that a decree of divorce from bed and board was thereupon pronounced by that Court," was no answer to an action by the trustee for arrears of the annuity. Jee v. Thurlow, 4 & 5 G. 4. BASTARD. See SETTLEMENT BY BIRTH. been given for the purpose and on the occasion in the plea mentioned." The evidence was that W. received the note as a security for money which he was at some future time to pay for stock-jobbing transactions; and that plaintiffs took the note after it was due, and had notice of the illegal consideration before the bond was given:Held, first, that the evidence did not support the plea, which alleged that the note was given to secure the repayment of money already advanced by W.; and, second, that as the note was taken after it was due, and the bond after notice of the illegal consideration, they were both equally void, and no action could be maintained on the latter; but liberty was given to the defendant to amend his plea on payment of costs, and to the plaintiffs to reply de novo. Amory v. Meryweather, 4 & 5 G. 4. See ANNUITY.-TROVER. 1. To an action of debt on bond, conditioned for the payment of 5007. by two instalments, defendant pleaded "that he, by "that he, by his agent W. made unlawful contracts for the purchase and sale of shares in the public funds; that the contracts were not performed; but W., as See agent for defendant, voluntarily paid 500l. to compound the differences, against the form of the statute; that to secure to W. the repayment of that sum, defendant gave his promissory note to W., which W. indorsed See to plaintiffs long after it had become due; that plaintiffs afterwards threatened to sue defendant on the note, and that defendant, in fear of that suit, and at the request of plaintiffs, gave the bond, which plaintiffs accepted in lieu of the note and A the money thereby secured, they well knowing that the note had 86 BOROUGH. EXTORTION.-MANOR, 2. MANDAMUS. BRIGHTON. BURGESSES. BUILDING ACT. BY-LAW. See DEPUTY. resident inhabitant of a town corporate has a right to inspect and take copies of a by-law of. the corporation, pending an CARRIER. See CONVICTION, 3, 4. CASE. ACTION. ANCIENT LIGHTS, 2. DISTURBANCE.-MALICIOUS 195 ran in a different channel, and with greater violence, and injured the banks and premises of plaintiff, but without alleging that he had sustained an injury from the want of a sufficient quantity of water; and the jury having negatived any injury to the plaintiff from the causes assigned, but being of opinion that the defendant ought not to keep the water pent up in summer time: Held, that the plaintiff was not entitled to a verdict. Williams v. Morland, 5 G. 4. 583 1. Where trustees under the ge- CERTIORARI. Where a defendant had removed an indictment from the sessions into this court by certiorari, and was convicted, but died before he could be brought up for judgment:-Held, that his bail were liable to pay the taxed costs of the prosecution, under 5 W. and M. c. 11. s. 3. Rex v. Turner, 5 G. 4. 816 Certiorari issued to the Judge of an inferior jurisdiction to return the practice of his Court. Williams v. Lord Bagot, 5 G. 4. 315 Where a defendant, in an action brought in an inferior Court for defamation, after entering a common appearance, and suffering judgment by default, removed the proceedings by certiorari into this Court without entering into any recognizance: Held, that the case was within 51 G. 3. c. 124. s. 3. and the Court awarded a procedendo for the defendant's default in not entering into the recognizance thereby required, the damages being laid only at 137. Lee v. Goodlad, 5 G. 4. 350 CERTIFICATE See EVIDENCE, 1-SHIP, 2.COSTS, 3, 4.-BANKRUPT, 1, 2, 3.-SETTLEMENT BY CER TIFICATE. CHARTER. See DEPUTY.-MANDAMUS, 1. Where the modern charter of a -MA amongst the common council- See COMMON, RIGHT OF.— men was named one who was not at the time of his nomination a free burgess :-Held, that he was entitled, by virtue of his nomination, to all the privileges, and to exercise the office of a free burgess of the borough. Rex v. Perkins, 5 G.4. CHARTER PARTY. See SHIP, 3. 427 In a charter party on the St. P. for a voyage from G. to bring home a cargo to Europe, it was stipulated that, in the event of the non-arrival at the same port of another ship called the G. (which had been chartered by the same parties, and was then at sea,) then the charter on the G. should be void to all, intents and purposes whatsoever: Held, that the word "non-arrival" could not be construed so as to defeat the purposes of the voyage for which the G. had been char NOR, 2.-DUTIES. COMMITMENT. See CUSTODY, CHANGE OF. COMMON, RIGHT OF. Where commissioners under an inclosure act awarded, that certain persons, entitled to a right of common in certain commonable lands, "shall for ever hereafter use and enjoy the said commonable place as a common pasture, exclusive of all others whatsoever :-Held, that the right of the commoners was still subservient to the right of the lord to take stone, it appearing that both before and since the award, the lord had exercised that right; and that an action was not maintainable against his lessee, although the soil had latterly been subverted to an unusual extent. It seems, however, that if the lord wantonly and unnecessarily exer |