SETT-OFF.

See PRACTICE, No. 2; Green v. Law, T.

SETTLEMENT.

3. 44 Geo. III. c. 108. See INand SOLVENT; and Ex parte Abraham 668 Ergas, and Ex parte J. Evans and Others.

4. 44 Geo. III. c. 95. See INFANT, No. 1.

5. 43 Geo. III. c. 55, s. 10. On an inquisition to assess da mages to the proprietors for the possession of lands, &c. taken for the use of government, under the stat. 43 Geo. III. c. 55, s. 10, called the general defence act, a compensation in a gross sum

B. a pauper and his family, comes into a parish under a certificate, and has a son W. born there, who quits his father's family, marries, and has children, and after the death of B. the son of W. is bound apprentice to, and serves with him. Held, he gains a settlement; for W. was remov-cannot be awarded, but it must able, and not protected by the certificate. The King v. the Inha bitants of Mortlake, E. 45 Geo. III. 530

SHIP'S REGISTER.
See REGISTRY, No. 1.

SHERIFF.
See PRACTICE, No. 17.

SPECIAL CAPIAS.
ee PRACTICE, No. 23.

SPECIAL PROPERTY.

be by an annual compensation in the way of rent to be paid to the persons entitled to the land; and the inquisition will be bad, if all the parties interested are not summoned and properly compensated. Bingham v. Serle, M. 45 Geo. III.

129

6. 37 Geo. III. c. 31. See ArTORNEY, Exparte W. Saunders, M.

154 7. Of Limitations. See EJECTMENT, No. 1; and Doe dem. George and Wife v. Fesson.

8. 42 Geo. III. c. 90, s. 41; and

See TROVER, No. 2; and Hop-43 Geo. II. c. 82, s. 44. See kinson v. Gibson, M. 202 MASTER and SERVANT, No. 1;

15. 24 Geo. III. c. 44, s. 6. (Notice to Justices.) See RE PLEVIN, No. 1; and Fletcher v. Wilkins and Another, H. 365

16. 17 Car. II. c. 8. See PRAC TICE, No. 28.

17:39 & 40 Geo. III.c. 1c6. See CONVICTION, No. 3.

18. 44 Geo. III. c. 10, s. 2. See CORN BOUNTY, No. 1; and Sorsbie and Others v. Munro and Others, T. 565

19. By the 31 Geo. 11. c. 10, 3

30, no person receiving wages, &c. for the service of any officer, seaman, or other person, in the royal navy, shall take or retain more than 6d. in the pound, &c. under a penalty of 50l. This applies to a lieutenant; and whereas, by subsequent acts, he is empowered to draw for his pay every three months, the agent who makes up his accounts is entitled to receive 6d. in the pound only upon the balance actually received and paid by him, the agent; and if, through mistake of the law, he deducts in such case upon the whole sum paid by government, he is liable to the penalty. Walsh v. Toulmin and Another, T. 45 Geo. III. 607 20. 8 & 9 W. III. c. 11, s. 8. See PRACTICE, No. 4. T. 663 21. 8 & 9 W. 111. c. 11, s. 8. See PRACTICE, No. 1; and Welsh · Ireland, T. 666

y.

22. 43 Geo. III. c. 46. s. 3. See PRACTICE, No. 3.

23. 42 Geo. III. c. 38, s. 30. See APPEAL, and The King v. Skone, T. 643

STATUTE OF FRAUDS. 1. See SALE NOTE, No. 1; and Egerton v. Matthew and Another, H. 389

2. See TRESPASS, No. 5.

STEWARD.
See COPYHOLD, No. 5.

STOCK.
See POOR-RATE, No. 2; and
The King v. St. John's, Maddermar-
ket, H.

STOPPAGE IN TRAN.

SITER.
See TROVER.

SURRENDER.

See DEVISE, No. 3.

270

v.
4. See COSTS, No. 3; and
Ward v. Mallender, M.

63

4. Semble, an extra exciseman is entitled to notice under the excise laws, on actions brought against him for any thing done in pursuance of any of the excise laws; or at least, he is entitled to it, as a person acting under an excise officer, if he is sent to make a search in a boat coming on shore, though no excise offi cer appointed by warrant from the board be present. Clements and Wife v. Keen, H. 45 Geo. III. 220

5. A. by parol, agrees to sell B. a standing crop of grass for 20 guineas, B. is to mow it and to make it into hay, but no time is fixed for the mowing, or for the payment of the money, nor is possession of the close given. A. afterwards gives B. notice that he shall not have the grass, and sells it to C.-B. enters privily, and cuts part of the grass: A. then gives notice to him not to mow; and C. under the direction of A. mows and carries off the same. Held, that B. cannot have trespass quare clausum fregit, nor de bonis asportatis, for it is a contract for an interest in or concerning lands under the 4th section of the statute of frauds, 29 Car. II. c. 3. and and not being in writing, and 49 being executory. A. might well

TAKING MONEY OUT OF
COURT.
See PRACTICE, No. 8;
Ward v. Lowring, H.

discharge it. Crosby v. Wadsworth, may indorse the bill of lading to

T. 45 Geo. III.

559

TRESPASS DE BONIS AS

PORTATIS.

a vendee, yet he cannot assign it merely as a pledge. The merchant who takes the indorsement of a bill of lading should require to see the letter in which it was sent, and look to the title which the indorser has, whether as Newson

Thornton, H. 45 Geo. III.

207

One who has built a bridge for public use on the soil of, and under a grant of liberty for that pur-factor or vendee. pose from another, may maintain trespass de bonis asportatis, against a 6. A. sells all his starch to B., wrong doer who pulls down part at so much per cwt. by bill at of it, and takes away the mate- two months, allowing fourteen rials of which it was built. For days for the delivery, and orders when severed from the bridge, his warehouse-keeper to weigh the property in the materials re- and deliver all his starch to B. verts to the original owner. Har-who in consequence thereof, obrison v. Parker and Another, H. 45 tains the delivery of a part, and Geo. III. 262 before the whole is weighed and delivered, becomes bankrupt = held, that A. may refuse to deliver the residue which is unweighed, the delivery of part not being a constructive delivery of the whole, where any thing remains to be done, as weighing, to ascertain the price. Hanson and Another v. Meyer, T. 45 Geo. 111. 670

TROVER.

1. See COMMON CARRIER, No. 1.

2. Where a colonel had purchased horses for government, and they being approved of by the proper inspecting officer, were sent under the care of a serjeant to the receiving depôt for his majesty's use, held, that the colonel had not such a special property as to maintain trover for one of them which was taken out of the possession of the serjeant as a distress for a turnpike toll. Hopkinson v. Gibson, H. 45 Geo. II. 102

3. See BANKRUPT, No. 3.

4. Where A. a broker, purchased tobacco for B. and placed it in the king's warehouse in his own name, and then transferred it into the name of C. as a pledge, held that B. after demanding the tobacco of C. and his refusal to deliver it up, might well maintain trover; for the taking the transfer of the tobacco is a conversion, although the same mained in the king's warehouses, the duties not being paid thereon. M'Combie v. Davies, F. 45 Geo. III. 557

re

5. Where goods from abroad are consigned to a factor to sell rinder a bill of lading, though he

VENUE.

I. See SCI. FA. No. I, and PLEADING, No. 1.

2. See PRACTICE, NO. 14; and Preston and Others v. Stratton and Others, M.

157 3. See PRACTICE, No. 32; and Price and Others v. Woodburn, H.

VERDICT.

447

1. Where a verdict is taken for a fixed sum, subject to an arbitration, and the arbitrator, through mistake of his power, awards a larger sum to the plaintiff, the court will permit the plaintiff, upon motion, to enter the judg nient for the sum in the verdict, the arbitrator stating in an affida. vit, that he considered only the subject matter of the cause refer red. Bonner v. Charlton, M. 45 Geo. III.

2. See COSTS, No. 3; and Ward v. Mallender, M.

63

2. See PRACTICE, No. 18; and

No. 3; and Bealey v. Shaw, H. 321 | Barnard q. t. v. Guy, H.

END OF VOL. II.

ERRATA.

Page 410, 412, 414, 416, first line, for Hilary Term, read Easter Term. Page 593, for the King v. Marsac, read the King v. Brisac.