1. Goods laden on deck and ejected are not
fubjects of general average. Smith
Stanley v. Wright,
2. Wages and provifions during the deten-
tion of a veffel captured and carried in
for adjudication are fubjects of general
average. If a veffel be captured during
her voyage, in fettling the proportion
of average, the freight will be chargea-
ble up to the day of capture. The a-
mount on which a general average, in
cafes of capture, is to be calculated, is
the cargo on its first coft or invoice price
and charges at the port of departure;
the veffel on four fifths of her value at
the fame place; the freight at one half
agreed to be paid. Leavenworth v. De-
lafield,
573
See Pleas and Pleading, I.
1. An award in trefpafs that "the faid fuit
fhall be no further profecuted" is fuffici-
ently final and certain, and a good ber
to an action on the cafe for the fame of-
fence. Purdy v. Delavan,
304
1. On production of a certificate under the
bankrupt law of the United States,
granted in a fifter state, the court will
discharge from cuftody on motion.
Jones v. Emerfon,
487
2. If commiffioners of bankrupt, in their de-
claring a man a bankrupt fpecify the
day when he became fo, it is not con-
clufive as to the time, they having no
authority to decide it. If a man go to
prifon on the first of the month, conti-
nue there 60 days, in the courfe of which
he is fixed as bail for another, and at the
expiration of that period be declared a
bankrupt on a commiffion duly fued out,
he will be exonerated from his recogni-
zance, and an execution taken out upon
it be fet afide. In fuch a cafe the plain-
tiff may prove his debt under the com-
million. Rathbone v. Blackford, 588
See Award, 1. Limitation, 1. Poffeffion, 2.
See Partners and Partnership, 1.2. Promif-
fory Note. Witness, 5.
1. The want of funds belonging to the
drawer excufes notice of non-payment
as well when the bill is accepted as when
not. Hoffman Seton v. Smith, 157
1. A bond to indemnify against an escape if
given after an efcape fuffered is good.
Within a condition to fave harmless
from what the plaintiff might be obliged
to pay "after due proceedings had
"against him, and adjudged and de-
creed," a judgment by default may be
fhewn, fuch judgment is not in itself
fraudulent, and unless fraud be fhewn, i
is a damnification within the bond.
Given v. Driggs,
450
2. If judgment be figned for the whole pe-
nalty of a bond not due, but forfeited
for non-payment of intereft, execution
will be stayed on bringing in the intereft
and cofts, the judgment ftanding as a
fecurity. Bowne v. Hallett.
See Affumpfit, 2. Limitations, I. Prac-
tice, 39.
1. A contract for the benefit of a third
perfon will fupport an action by him
with whom the contract is made. Mil-
ler v. Drake,
45
See Evidence, 5. Infurance, 15.
1. The prefident and directors of a company,
when legally chofen, are the proper per
fons to execute acts ordered to be done
by the prefident, directors and company,
and a promise to pay as the latter may
order, is broken by not paying according
to the order of the prefident and direc
tors. The intereft acquired by fubfcrib
ing for fhares in the flock of an incorpo-
rated company, is a good confideration
to fupport an action against the fubfcri-
ber. The promise to pay in fuch cafes
as the prefident, directors and company
fhall appoint, is not fuch a promife as
will fupport an action as for a promif-
fory note. Unien Turnpike Company 9.
Jenkins,
381
2. The act of the legislature of 1798, which
was re-enacted on 3d April, 1801, con-
tains no implied grant of the foil under
water therein mentioned, to the corpo-
ration of New-York. They are, under
that act, only attornies for the public.
The refervation in their refolve of June,
1801, of flipage arifing from piers erect-
ed under grants made by them in pur-
fuance of that law, is void. The corpo-
ration has no right to flipage, from piers
running into the Eaft-river, in front
South-street. A flip is an interval or va
cancy between two piers. Mayer,
v. Scott,
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