upon the oath of one or more credible witness or witnesses," the offender is liable to be sent on board a king's ship, if he is fit and able to serve in the navy, and if not, to pay a pecuniary penalty. Where a conviction stated that R. A. was duly convicted before the justice of having been found" carrying and conveying" brandy liable to seizure, without stating that he had been convicted of that offence 66 upon the oath of a credible witness"-Held, that the con 5. 14. s. 2. against a common carrier, for having, in that capacity, game in his possession, need not negative the defendant's qualification to kill game; neither is it necessary to aver, that he had the game in his possession knowingly." Rex v. Marsh, 5 G. 4. 260 66 Where justices omitted to set out on the record of a conviction on the building act, the evidence adduced on the hearing of the information, as nearly as possible in the words used by each of the witnesses, in pursuance of the 3 G. 4. c. 23., a mandamus issued to compel them to do so. In re Rix, 5 G. 4. 352 CO-PARCENERS. See MANOR. COPYHOLD. See MANOR.-MANDAMUS. COPYRIGHT. 1. The privilege conferred by the copyright acts of this country do not extend to books printed abroad. Clementi v. Walker, 5 G. 4. 598 2. Where the author of a musical composition sold the right of publishing it to a music-seller was excessive, and the Court granted a rule for setting it aside, leaving it to an arbitrator to say for what sum the verdict should stand (nothing being said at the time as to costs), and the arbitrator reduced the damages considerably: Held, that the plaintiff was not entitled to the costs of setting aside the inquisition. Lewis v. Harris, 4 & 5 G. 4. in Paris, in 1814, reserving to 2. Where an inquisition of damages himself the right of publishing it in England, and in the same year, he sold the work to A. an English music-seller, by parol, who immediately published it; and in 1818, B, another English music seller, bought a French copy of the composition in the fair way of his trade, at Paris, and republished it here on his own account; and in 1822, the author executed a valid assignment of the copy-3. right to A. in writing :-Held, that A. could not maintain an action against B. for piracy. Clementi, v. Walker, 5 G. 4.598 CORPORATION. See DEPUTY.-MANDAMUS.- COSTS. See BOND, 1.-CONVICTION, 1. -ATTORNEY, 2.-PLEADING, 1.- SECURITY FOR COSTS. 129 A Judge's certificate that a trespass is wilful and malicious, to entitle a plaintiff to his full costs, under the 8 & 9 W. 3. c. 11. s. 4., need not be granted at the time of the trial in open Court, but may be granted at any time between verdict and final judgment. Woolley v. Whitby, 4 & 5 G. 4. 147 4. Under the stat. 22 & 23 Car. 2. c. 9., a Judge's certificate for costs in actions of assault and battery, may be granted at any time between verdict and final EJECTMENT, 3. —HUNDRED, 1. Where, to an indictment at the 124 6. judgment. Johnson v. Stanton, 4 & 5 G. 3. 156 Where a defendant was arrested for a debt of 157. and paid into Court 67. which the plaintiff took out and dropped the action:-Held, that although the defendant had offered to pay the 61. before action brought, he was not entitled to have his costs taxed under 43 G. 3. c. 46. s. 3. Davey v. Renton, 5 G.4. 186 By a Judge's order the defendant was allowed to go to trial, upon payment of a certain sum of money, together with the costs of the cause up to the date of the order; and the defendant having recovered a verdict without previously complying with COUNTY COURT. The County Clerk of Middlesex is entitled to take the following fees upon the hearing and determination of suits in his court, viz. upon the appearance of both parties upon the first summons and determination of the cause, 38. Id.; upon an order nisi in consequence of the non-appearance of the defendant upon the first summons, 2s.; and upon execution on a judgment against the defendant, 3s. 4d.; which sums include the fees to the county clerk, bailiffs, and criers. Rex v. The County Clerk of Middlesex, 5 G. 4. COVENANT. 273 See BARON & FEME.-SHIP, 3. 1. Lime kilns, though erected for the purposes of trade, during the continuance of a lease by indenture, containing a general covenant to repair, cannot be removed by the tenant without : a breach of such covenant., Thresher v. The East London Water Works Company, 4 & 5 G. 4. 62 2. Covenant, "not to let, set, assign, transfer, set over, or otherwise part with, the premises demised, or the lease," of a coffeehouse, is not broken by proof of a deposit of the lease with the brewers of the lessee, as a security for beer supplied to the house. Doe v. Hogg, 5 G. 4. 226 CUSTODY, CHANGE OF. A prisoner under criminal process in the House of Correction cannot be brought up by habeas corpus, for the purpose of being charged in the custody of the marshal upon a bailable writ, and recommitted to his former custody so charged. Guthrie v. Ford, 5.G. 4. САТЕ. CUSTOM. 271 See SETTLEMENT BY CERTIFI- TRESPASS, 1. — ExTORTION. MANOR 2. 1. A custom "that all the tenants, resiants, and inhabitants of a manor, shall grind at the lord's mill all their corn and grain, as well growing within the manor as brought from other places, and spent ground in their houses," may be a good custom, but it shall not extend to restrain the inhabitants who do not grow corn and grain of their own, from using ground corn or flour, though it may not have been ground or grown within the manor. Richardson v. Walker, 5 G. 4. 498 2. By the custom of a manor, the CUSTOMS. See CONVICTION, 2. DAMAGES. 512 DEFAMATION. See CERTIORARI, 3. DEMURRER. See ABATEMENT, 1. DEPUTY. charter, the corporation of Gravesend were to have a capital seneschal, or high steward, and a sub-seneschal, or under steward, by the latter of whom the judicial and ministerial functions of a recorder were to be performed, but no authority was given him to appoint a deputy, and although a by-law of the corporation required that the under-steward, or his sufficient deputy, should be attendant at every court, to discharge the duties of his office: Held, that the under-steward could not appoint a deputy generally to discharge all his ministerial duties. Semble, that he might appoint a deputy to do some particular ministerial act, with the assent of the corporation. Rer v. The Mayor, &c. of Gravesend, 4 & 5 G. 4. 117 DESCENT. See ALIENAGE. DEVISE. 1. Testator devises to his daughters, J. and E.," their heirs, executors, and administrators, equally between them, all and every his messuages, lands, tenements, and hereditaments, both freehold and leasehold, in &c., to have and to hold to the said J. and E., their heirs, executors, and administrators, equally:"— Held, that the testator, by this devise, passed all his interest in the estates to his daughters in fee, to the exclusion of his right heirs. Doe v. Sparkes, 5 G. 4. 246 2. Devise" to my daughter, M.G., all the houses, out-houses, gardens, and other property, which I hold under, &c. for 999 years. And I also give one half part of my books to my daughter M. aforesaid, the other half to my widow S. G.; to be equally divided by T. S. If my daughter M. should happen to die unmarried, it is my will then that her part aforesaid shall be equally divided amongst all my brothers and sisters, share and share alike, by lot. All the rest and remain die before attaining the age of 21 years, or without lawful issue, then I give and devise the same estates unto my son T. and my daughter A. and my son-in-law D. and their heirs for ever, to hold as tenants in common, and not as joint tenants." Upon testator's death, his son G. suffered a recovery, and died unmarried and without issue:-Held, that the devise over was a contingent remainder with double aspect, and was defeated by the destruction of the particular estate by the recovery. Doe v. Selby, 5 G. 4. 108 der of my property I give and See LANDLORD AND TENANT. bequeath to S. G., my widow." Testator's daughter died unmarried, under age, and intestate. DISTRESS. ACTION. DISTURBANCE. The leasehold property consist-See CASE.-FALSE IMPRISONed of four tenements with the MENT. rookery. Hannam v. Mockett, 5 G. 4. DIVORCE. See BARON AND FEME. 518 DOWER. SETTLEMENT BY ESTATE. BARON AND FEME. appurtenances, and one garden. No action will lie for disturbing a Testator had one brother and! three sisters. Query, whether the gift over of the daughter's "part aforesaid," comprehended the whole of the property given to the daughter, or only the books:-Held, that it included both. Doe v. Gell, 5 G. 4. 387 3. Testator devises his estate to his See son G. " to hold to him my said son G. for and during the term of his natural life; and from and after his decease, I give and devise the same estates unto all and every the child and children of my said son G. lawfully to be begotten, and their heirs for ever, to hold as tenants in common and not as joint tenants. But if my said son G. should die without issue, or leaving issue, and such child or children should DUTIES. By an act for improving the town of Brighton and preserving the adjacent coast from the incursions of the sea, the commissioners therein named were empowered to collect any rate or duty which they should think fit to order, not exceeding the sum of 3s. for every chaldron of coals landed on the beach, or in any |