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cises his rights to the injury of viction was bad, and the defenthe commoners of pasture, he is dant was discharged. Ex-parte liable to an action.

Place v.

Aldridge, 4 & 5 G. 4. 83 Jackson, 5 G. 4.

318 3. The driver of a stage van, tra

velling to and from London to COMPURGATORS.

York, is a common carrier withSee Debt.

in the meaning of 3 Car. 1. c.).

and subject to the penalties CONSPIRACY.

thereof, for travelling on Sunday. See EVIDENCE, 4.

Rex v. Middleton, 5 G. 4. 824

4. A conviction on the 5 Ann. c. CONSTABLE.

14. s. 2. against a common carSee FALSE IMPRISONMENT.

rier, for having, in that capacity,

game in his possession, need not CONTRACT.

negative the defendant's qualifiSee SIMONY.- Trover, 1.

cation to kill game; neither is it Damages, 1.-USURY, 1, 2.

necessary to aver, that he had.

the game in his possession SETTLEMENT HIRING

knowingly.” Rex v. Marsh, AND SERVICE, 3.

5 G.“

260 CONVICTION.

5. Where justices omitted to set

out on the record of a convicSee CERTIORARI, 1.--JUSTICES.

tion on the building act, the 1. The costs to be paid by offend. evidence adduced on the hearing

ers under the Stage Coach Act, of the information, as nearly as 50 G. 3. c. 48., must be ascer- possible in the words used by tained by the conviction, or it is each of the witnesses, in purbad. Rex v. Payne, 4 & 5 G. suance of the 3 G.4. c. 23., a 4.

72 mandamus issued to compel 2. The 3 G. 4. c. 110. makes it them to do so. In re Rir, 5 an offence for any person to be

G.4.

352 found carrying and conveying, &c. uncustomed brandy, and

CO-PARCENERS. upon the oath of one or more

See MANOR. credible witness or witnesses," the offender is liable to be sent

COPYHOLD. on board a king's ship, if he is

See MANOR.--MANDAMUS. fit and able to serve in the navy, and if not, to pay a pecuniary

COPYRIGHT. penalty. Where a conviction stated that R. A. was duly con- 1. The privilege conferred by the victed before the justice of hav- copyright acts of this country ing been found “ carrying and do not extend to books printed conveying" brandy liable to sei- abroad. Clementi v. Walker, zure, without stating that he had

5 G. 4.

598 been convicted of that offence 2. Where the author of a musical “ upon the oath of a credible composition sold the right of witness :"-Held, that the con- publishing it to a music-seller

in Paris, in 1814, reserving to 2. Where an inquisition of damages himself the right of publishing was excessive, and the Court it in England, and in the same granted a rule for setting it aside, year, he sold the work to A. an leaving it to an arbitrator to say English music-seller, by parol, for what sum the verdict should who immediately published it ; stand (nothing being said at the and in 1818, B , another Eng time as to costs), and the arbilish music seller, bought a trator reduced the damages conFrench copy of the composition siderably: Held, that the plainin the fair way of his trade, at tiff was not entitled to the costs Paris, and republished it here of setting aside the inquisition. on his own account; and in Lewis v. Harris, 4 & 5 G. 4. 1822, the author executed a

199 valid assignment of the copy-3. A Judge's certificate that a tresright to Å. in writing :-Held, pass is wilful and malicious, to that A. could not maintain an entitle a plaintiff to his full costs, action against B. for piracy. under the 8 & 9W. 3. c. 11. s. Clementi, v. Walker, 5 G. +.598 4., need not be granted at the

time of the trial in open Court

, CORPORATION.

but may be granted at any time See DEPUTY.-MANDAMUS. between verdict and final judg. By-Law.-CHARTER, 1. ment. Woolley v. Ihitby, 4 &

5 G. 4.

147 COSTS.

4. Under the stat. 22 & 2:3 Car... See BOND, 1.–CONVICTION, I.

c. 9., a Judge's certificate for

costs in actions of assault and --ATTORNEY,9.-PLEADING,

battery, may be granted at any 1.- SECURITY FOR Costs.

time between verdict and final EJECTMENT, 3.- Hundred, judgment. Johnson v. Stantyn, 1.- CERTIORARI, 1.-PRAC

4 & 5 G. 3.

156 TICE, 1.-HOLDING TO Bail, 5. Where a defendant was arrest1.-NEW TRIAL, 1.-AWARD,

ed for a debt of 151, and paid 2.-Set OFF, 1.-Ball, 2.-

into Court 61. which the plainBANKRUPT, 3. — APPEAL.

tiff took out and dropped the AssignÉES.

action:-Held, that although the 1. Where, to an indictment at the defendant had offered to

pay

the assizes for a misdemeanor, de 61. before action brought, he fendants consented to plead guil was not entitled to have his costs ty, upon an understanding that taxed under 43 G. 3. c. 46. s. 3. they were not to be brought up Davey v. Renton, 5 G. t. 186 for judgment, and no stipula- 6. By a Judge's order the defention having been then made by dant was allowed to go to trial, the prosecutor for the payment

upon payment of a certain sum of his costs:-Held, that he was

of money, together with the not afterwards entitled to a rule costs of the cause up to the date on the Crown side to have his of the order; and the defendant costs, taxed. Rer v. Rawson, having recovered a verdict with4 & 5 G. 4.

1 24 out previously complying with

on

G.4.

the terms of the order :-Held, indenture, containing a general that the costs taxed in his favour covenant to repair, cannot be the postea

could not be set removed by the tenant without off against the interlocutory a breach of such covenant., costs, so as to deprive the plain- Thresher y. The East London tift's attorney of his lien. As- Water Works Compuny, 4 & 5 pinall v. Stamp, 5 G. 4. 716

62 2. Covenant, “ not to let, set, asCOUNSEL.

sign, transfer, set over, or otherIf the counsel for the defendant wise part with, the premises de

on the trial of an indictment for mised, or the lease," of a coffeea misdemeanor opens new facts

house, is not broken by proof of in bis address to the jury, and a deposit of the lease with the afterwards declines calling wit.

brewers of the lessee, as a senesses to prove the facts so curity for beer supplied to the opened, the counsel for the pro

house. Doe v. Hogg, 5 G. 4. secution is, notwithstanding, en

226 titled to a general reply. Rer CUSTODY, CHANGE OF. v. Bignold, 4 & 5 G. 4.

70 A prisoner under criminal process COUNTY CLERK.

in the House of Correction can

not be brought up by habeas See COUNTY COURT.

corpus, for the purpose of being

charged in the custody of the COUNTY COURT.

marshal upon a bailable writ, The County Clerk of Middlesex and recommitted to his former

is entitled to take the following custody so charged. . Guthrie v. fees upon the hearing and deter- Ford, 5. G. 4.

271 mination of suits in his court,

CUSTOM. viz. upon the appearance of both parties upon the first summons

See SettlEMENT BY CERTIFIand determination of the cause,

CATE.- TRESPASS, 1.- Ex38. Id.; upon an order nisi in TORTION.--MANOR 2. consequence of the non-appear- 1. A custom" that all the tenants, ance of the defendant

upon

the resiants, and inhabitants of a first summons, 2s.; and upon

manor, shall grind at the lord's execution on a judgment against

mill all their corn and grain, as the defendant, 3s. 4d.; which well growing within the manor as sums include the fees to the brought from other places, and county clerk, bailiffs, and criers. spent ground in their houses,' Rer v. The County Clerk of may be a good custom, but it Middlesex, 5 G. 4. 273

shall not extend to restrain the

inhabitants who do not grow COVENANT.

corn and grain of their own, from See BARON & Feme. Ship, 3.

using ground corn or flour,

though it may not have been 1. Lime kilns, though erected for

ground or grown within the the purposes of trade, during

manor. Richardson v: Walker, the continuance of a lease by 5 G. 4.

498

2. By the custom of a manor, the DEFAMATION.

tenants, resiants and inhabitants See CertiORARI, 3.
thereof were bound to grind all
their corn, grain and malt, as DEMURRER.
well growing within the manor

See ARATEMENT, 1.
as brought from other places,
and spentground in their houses,

DEPUTY. at two ancient mills belonging to By charter, the corporation of the lord, or one of them, at their

Gravesend were to have a capiown option; and the lord having pulled down one of the mills, so

tal seneschal, or high steward,

and a sub-seneschal, or under as to deprive the tenants, &c. of their option: Held, that the cus

steward, by the latter of whom tom was suspended. Richard

the judicial and ministerial func

tions of a recorder were to be son v. Capes, 5 G. 4. 512

performed, but no authority was CUSTOMS.

given him to appoint a deputy, See CONVICTION, 2.

and although a by-law of the

corporation required that the DAMAGES.

under-steward, or his sufficient

deputy, should be attendant at See Costs, 2.-SHIP, 2.-Cer

every court, to discharge the duTIORARI, 3.- PROCEDENDO, ties of his office : Held, that the 1.-BANKRUPT, 3.

under-steward could not appoint Where a contract for delivering a deputy generally to discharge

a quantity of bacon by a given all his ministerial duties. Semble, time was broken :-Held, that that he might appoint a deputy the damages were to be esti- to do some particular ministerial mated by the price of bacon, act, with the assent of the corof the same description, at or poration. Rexv. The Mayor,&c. about the time when the con- of Gravesend, 4 & 5 G. 4. 117 tract was broken, and not at the time when the damages were

DESCENT. assessed. Gainsford v. Carroll,

See ALIENAGE. 4 & 5 G.4.

161

DEVISE.
DEBT.
See BANKRUPT,1,2,3.-Duties.

1. Testator devises to his daugh-OVERSEERS AND CHURCH

ters, J. and E., “ their heirs, ,

executors, and administrators, WARDENS.

equally between them, all and To debt on simple contract, the every his messuages, lands, tene

defendant pleaded nil debet ments, and hereditaments, both per legem,” and applied to the freehold and leasehold, in &c., Court to assign the necessary

to have and to hold to the said number of compurgators to wage

J.and E., their heirs, executors, his law, but the Court refused and administrators, equally:"to interfere. King v. Williams, Held, that the testator, by this 4 & 5 G.4.

3 devise, passed all his interest in the estates to his daughters in die before attaining the age of fee, to the exclusion of his right 21 years, or without lawful issue, heirs. Doe v. Sparkes, 5 G.4. then I give and devise the same

246 estates unto my son T. and my 2. Devise" to my daughter, M.G., daughter A. and my son-in-law

all the houses, out-houses, gar- D.and their heirs for ever, to hold dens, and other property, which as tenants in common, and not as I hold under, &c. for 999 years. joint tenants." Upon testator's And I also give one half part of death, his son G. suffered a remy books to my daughter M. covery, and died unmarried and aforesaid, the other half to my without issue:-Held, that the widow S. G.; to be equally di- devise over was a contingent tevided by T. S. If my daughter mainder with a double aspect, M.should happen to die unmar- and was defeated by the destrucried, it is my will then that her tion of the particular estate by part aforesaid shall be equally the

recovery. Doe v. Selby, 5 divided amongst all my brothers G.4.

108 and sisters, share and share alike, by lot. All the rest and remain

DISTRESS. der of my property I give and see. LANDLORD AND TENANT. bequeath to S. G., my widow.”

Action. Testator's daughter died unmarried, under age, and intestate. DISTURBANCE. The leasehold property consist-See Case.-FALSE IMPRISONed of four tenements with the

MENT. appurtenances, and one garden. Testator had one brother and No action will lie for disturbing a

rookery. Hannam v. Mockett, three sisters. Query, whether rookery. the gift over of the daughter's

5 G. 4.

518 part aforesaid,"comprehended

DIVORCE. the whole of the property given

See BARON AND Feme. to the daughter, or only the books :-Held, that it included

DOWER. both. Doe v. Gell, 5 G.4. 387 3. Testator devises his estate to his See SetTLEMENT BY Estate. son G.“to hold to him my said

BARON AND FEME. son G. for and during the term of his natural life; and from and

DUTIES. after his decease, I give and de-By an act for improving the town vise the same estates unto alland of Brighton and preserving the every the child and children of adjacent coast from the incurmy said son G. lawfully to be sions of the sea, the commisbegotten, and their heirs for ever, sioners therein named were emto hold as tenants in common powered to collect any rate or and not as joint tenants. But duty which they should think fit if my said son G. should die to order, not exceeding the sum without issue, or leaving issue, of 3s. for every chaldron of coals and such child or children should landed on the beach, or in any

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