1. Under a proviso in a charterparty, that
"the ship should lie at New York for tak-
ing on board her cargo, and at London for
delivering the same, twenty running days
in the whole, if not sooner discharged,'
the ship may be detained for these pur-
poses seventy days at each place. Steven-
son v. York.
Page 578
2. The discharge of an outward bound cargo
at a particular place, is not in general a
condition precedent to the providing a re-
turn cargo.
A freighter, who covenants
to load a return cargo, must, if he objects
to the ship's delay in proceeding to take
it on board, make the objection before he
loads the cargo, and within a reasonable
time, and must not, by any act, take to
the ship. Olhsen v. Drummond.

CERTIORARI.

See COSTS, 15, 16.

705

See BANKRUPT, 1. OVERSEERS.
1. It is not necessary, on prisoner being
brought up by habeas corpus, that the war-
rant of commitment should state that the
offence was feloniously done. It may be
a sufficient ground for committing, and not
bailing, though the ground would not be
sufficient to convict. Rer v. Croker. 138
2. A commitment in execution for three
months, on 12 Geo. 2. the Goldsmith's
Company Act, for not paying penalties re-
covered by judgment in an action, cannot
be obtained till a fieri facias has been in-
effectually issued. Biddle, qui tam. v.
Ustonson.
139

COMMISSIONER OF AFFIDAVITS.

See BAIL, 34 to 38.
COMMISSIONER OF SEWERS.
See CERTIORARI, 4.

COMMON (RIGHT OF).

See PLEADING, 7.

COMPOSITIONS.

See TITHES.

COMPUTE (REFERENCE TO).

See ANNUITY, 1. BILLS OF EXCHANGE, 1.

COMPOSITION DEED.

See DEBTOR AND CREDITOR.

COMPROMISE.
See COVENANT, 2.
CONCEALMENT.

See INSURANCE.

CONCILIUM.

See RULES, 2.

CONDITION.

See PLEADING, 22.

CONSENT OF PARTIES TO ACTION.

See EJECTMENT, 1, 2. SETTING ASIDE
PROCEEDINGS, 1.

CONSIDERATION.

See PLEADING, 32. TRADE, 1, 2. OFFICE,
SALE OF.

CONSPIRACY.

See CRIMINAL INFORMATION, 2. INDICT-
MENT, 2.

CONSTABLE.

Constable seizing a person by direction of
custom house officer, who had himself no
power to seize, is not within protection of
the Custom House Act, there being no
pretence that he was acting within the
scope of his duty. Norton v. Miller. 140

CONSTRUCTION OF CONTRACT.
See CONTRACT, 1, 2. CHARTERPARTY.--OF
ACTS OF PARLIAMENT, see FISHERY.
MANDAMUS, 3.-INCLOSURE ACT. SHIPS
AND SHIPPING, 2.-Of DeEDS, see PART-
NERS.-OF DEVISES, see DEVISE. INDEM-
DEBTOR
NITY, 3.
AND CREDITOR.
COVENANT, 2.

CONTINGENCY.

See INSOLVENT Debtor, 1.

2. The description of an act in a conviction,
as having been passed in the 25th year of
the king's reign, when in fact the parlia-
ment, in which the act was passed, was
continued by prorogation from the 24th
to the 25th year of the reign, is not mis-
description. Rex v. Windsor.

513
3. A conviction, stating an offence to have
been committed in the alternative, is bad.
A conviction under the 5 Geo. 3, c. 14,
for killing fish in a private river, without
the consent of the owner, should state that
the offence was committed in an inclosed
ground. Rex v. Sadler.

519
4. In a conviction, it must appear that the
evidence on which the defendant was con-
victed, was given in his presence; and
where a conviction merely stated that the
defendant, on such a day, appeared before
a magistrate on a summons, and that the
magistrate proceeded to examine into the
offence, and that it appeared to him, on
the oath of the witnesses, that the offence
was committed; it was held bad. So the
evidence whereon the defendant is con-
victed, must appear on the face of the
conviction. In a conviction under the
Hawker's act, 25 Geo. 3, c. 78 (now re-
pealed), against a party for travelling
about from town to town, and selling goods
by retail there, the places of sale not being
his usual place of abode, the conviction
should specify the goods sold. It is not
necessary in a conviction to state how the
witnesses were sworn. Rex v. Selway, 521

See APPEARANCE, 3. ARBITRATION, 2, 4.
ATTORNEY, 4, 5, 6. BAIL, 23. DECLA-
RATION, 1. EVIDENCE, 9, 10, 11. IRRE-
GULARITY, 10, 11. NEW TRIAL, 3, 7.
NON PROS. PLEADING, 2. PROCHEIN
AMI. QUO WARRANTO, 2. REG. GEN.11.
STRIKING OUT PLEAS, 2. WARRANT OF
ATTORNEY, 2.

1. The defendant was arrested at the suit of
a plaintiff, who becoming bankrupt, the
proceedings were dropped; and the assig-
nees having again arrested the defendant,
the proceedings were set aside, the Chan-
cellor having superseded the commission ;
but a fresh commission having issued, and
another set of assignees being chosen,
they arrested the defendant again, and
were proceeding in their action; held,
that these proceedings could not be stayed
until the costs of the proceedings at the
suit of the first set of assignees were paid.
Semble, where proceedings have been set
aside for irregularity, the plaintiff is not
bound to pay the costs thereof, before he
is at liberty to commence a fresh action.
Dawson v. Sampson.
146
2. Costs for defendant under the 43 Geo. 3,
c. 46, where a verdict was taken for a less
sum than that which the plaintiff held the
defendant to bail for refused, where the
right to recover the whole sum claimed
was fairly triable. Edgington v. Hood.

147

3. Costs of a special original allowed between
attorney and client, where action was
brought on a bond, the penalty of which
was more than 50%., but the sum due was
only 20%. v. Bonar. Page 148
4. The court will grant a rule, that plaintiff
may give security for costs, though it does
not appear that application has been made
to him to give security, notwithstanding
an express decision to the contrary, in
Mich. 55 Geo. 3. Hancock v. Smith. 150
5. The court will not grant a rule to stay
the proceedings till security for costs be
given, unless a previous application be
made to the plaintiff's attorney for security
of costs; aliter when it is not moved to
stay the proceedings. And semble, it must
be sworn, that defendant has not pleaded.
Anon.

150
6. Rule granted for proceedings to be stayed
till plaintiff give security for costs, though
after plea pleaded. Anon.

151

7. If the plaintiff is a native of England, and
departs for France for a mere temporary
absence, the court will not compel him to
give security for costs. Anon.

152
8. Where, in an action on a bond against se-
veral defendants, they sever in pleading,
and there is an issue in fact, and verdict
for plaintiff against some defendants, and
the other defendant pleads infancy, and
obtains judgment on a demurrer to a re-
plication of ratification after age, the de-
fendants who tried the issue, are not en-
titled to costs. Baylis v. Dynely.
153
9. Where the judge does certify that the
cause was proper for a special jury, the
party is only entitled to the costs actually
paid to the attending jury in court; it is
the constant practice not to allow more
costs. Cursum v. Durham.

154

10. Independently of the statute as to taxa-
tion of costs, the court still retains power
at common law to order bills generally to
be taxed. Anon.

155

11. Full costs in an action on statute of
Edward 6, for treble value of tithes not
set out, where there was a verdict for
plaintiff, subject to a reference, and the
arbitrator directed a verdict to be entered
for treble value, 17. 10s. Pedley v. Framp-
ton.
155
12. An award of less than 57. on the reference
of a cause, brings it within the London
Court of Conscience Act. Day v. Mearns,
156
13. If the submission to a reference men-
tions nothing respecting costs, the arbi-
trators have no power to award them to
be paid by either party in particular. Bell
v. Belson.
157
14. If a party obtain a rule for setting aside
judgment and execution, on condition of
his paying costs, the court will not issue

an attachment, in the first instance, for
not paying those costs.

v. Mynde.
Page 158
15. Where an indietment was removed by
certiorari, at the instance of the defendant,
who was brought up in the King's Bench
to receive sentence, being that he should
be imprisoned in Morpeth gaol; held, that
the costs of sending thither should be taxed
to the defendant. Rex v. Gilbie. 159
16. Rule granted to refer it to the Master of
the Crown Office to tax, in favour of de-
fendant, the costs of a certiorari, the re-
cord having been withdrawn without no-
tice. Rex v. —.

COUNSEL.

See NEW TRIAL, 1.

159

COURT OF CONSCIENCE ACT FOR

LONDON.

See COSTS, 12.

COVENANT.

See CONSTRUCTION. ACTION OF, see SET-
OFF, 2. VENUE, 6. PLEADING, 16. BANK-
RURT, 3. LANDLORD AND TENANT, 4.
1. In an action of covenant for not indemnify-
ing against taxes, no plea of set-off can be
sustained. Couper v. Robinson.

161

2. A covenant by a party, that so long as de-
fendant should continue and be in the ac-
tual receipt of the profits of a rectory, she
would pay a yearly sum during the life of
the rector, by two half yearly payments,
must be construed as a covenant for
the payment of such yearly sum, whilst
the covenantor is in receipt of the profits,
during the life of the rector, and not
whilst he is merely in receipt of the pro-
fits. Combe, executor of Phipps, v. Jones.

CURATE.

See MANDAMUS, 4.

CUSTOM HOUSE ACT.
See CONSTABLE.

DAMAGES.

See PLEADING, 6, 28. INQUIRY, 1. INTE-
REST, 2. ESCAPE.

DEAN.

See MANDAMUS, 4.

DEATH.

See EJECTMENT, 21. ARBITRATOR, 8.

DEBT (ACTION OF).

See BANKRUPT, 3. BILLS OF EXCHANGE,
9. INTEREST, 2. ESCAPE, 6.

DEBTOR AND CREDITOR.
See BILLS OF EXCHANGE, 10. INTEREST, 2.
1. A covenant in an indenture (whereby a
debtor assigned his effects to trustees for
benefit of creditors), not to sue if trustees
fairly accounted for effects, does not ope-
rate as a release of the creditors' debts, if
trustees refuse to account. Kesterton v.
Sabery and another.

541

2. In an action against a trustee under a
composition deed (between the defendant
A. B. and his creditors), for the amount
of plaintiff's (a creditor's) dividends, (the
deed reciting that the debtor was indebted
to the several creditors, whose debts were
set opposite their names in the schedule
annexed to the deed, and the deed cove-
nanted to pay a specific ratio of the debts),
it is no defence to say that the plaintiff
did not set the amount of his debt oppo-
site to his name in the schedule. It is
sufficient, to render the defendant liable,
that he had notice of the amount of plain-
tiff's claim before action. Daniel v. Saun-
ders.
564

DECLARATION.

See AMENDMENT, 1, 2. EJECTMENT, 5,7,
8, 9, 10. NEW TRIAL, 7. REG. GEN.

25.

1. It is irregular to serve the writ and the
notice of declaration at the same time;
but where the defendant omitted to take
advantage of the objection until after judg-
ment was signed, and a whole term had
elapsed, the court would not set aside the
judgment with costs. M'Queick v. Davis.
164

2. A notice of declaration served with a

By a charterparty under seal, the freighter
was at liberty "to keep the ship on de-
murrage, at her loading and delivery
ports, ten days each, besides a certain
number of days limited for her stay at the
same, or as many of them as need should
require," the ship having been compelled
to put into an intermediate port of her
ports of loading and discharge, and the
freighter having detained the vessel ten
days there, and also fourteen days more
than ten days at the port of her delivery;
in an action on the charterparty it was
held, that the master could not recover
on this covenant for more than the ten
days demurrage, at 57. per day at the port
of London, the covenant not extending to
the payment of demurrage beyond ten
days at each of the ports of loading and
discharge; and a breach, averring that
the plaintiff did not pay 57. per day for
demurrage for the extra delay beyond the
ten days at the port of delivery, and for
the delay at Bristol, as well as for the de-
murrage for ten days delay at the port
of delivery, was held bad.
York.

DEMURRER.

Stevenson v.
570

See ABATEMENT, 2. PLEADING, 4.

DEVISE.

1. Under a devise of a copyhold estate to

testator's wife, during her life, provided
she continue single, but in case she did
not, then unto A. B. when he should at-
tain the age of 23 years; it was held, that
though the widow married before A. B.
attained that age, she was entitled to the
estate until that event, and that the heirs
at law were not entitled to it. Doe ex
dem. Dean and Chapter of Westminster, &c.
and others v. Freeman et Ux. Page 498
2. Under a devise to a party, of premises for
life, provided he chooses to reside therein,
and then to A. B. in fee, it is not neces-
sary to complete A. B.'s right to the pre-
mises on the death of the devisee for life,
that such devisee should have actually re-
sided in the premises. The intention to
reside, and which intention would have
been carried into effect, had circumstances
permitted,, is sufficient. Roe on the de-
mise of Sampson v. Down and another. 529
3. A will, directing testator's debts to be
paid, and devising several estates to his
wife for life, and after her decease devis-
ing his property in the words following,
viz. "I give Mr. W. the income of my
four shares in the Corn Market for his
life, and all the rest of my estates, with
all monies in the stocks, in Mr. M.'s
hands, or any other securities, to be di-
vided in equal shares to E. S. and others,"
passes a reversionary interest in the said
four shares in the Corn Market to E. S.
and others. Fletcher v. Smiton.

558

4. Under a devise as follows: "And as
touching my real estates, both freehold
and leasehold, situate, &c. I devise the
rents and profits thereof to my executors
hereafter named, until my daughters at-
tain their several ages of 21 years, in trust,
that they my executors improve the same
in like manner and purpose as I have
hereby directed: my personal estate for the
advantage and education of my daughters;
and as to the freehold and inheritance of
my real estate, I devise the same to my
said daughters, when and as they attain
their several ages of 21 years, equally be-
tween them and their heirs for ever, to
take as tenants in common; provided that
if both my daughters die without lawful
issue, then I devise my real estates unto
and amongst my said two brothers, T.
Scholes and R. Scholes, and my nephew
J. Scholes, son of my late brother J. their
heirs and assigns for ever, to take as ten-
ants in commen;" it was held, that the
daughters only took an estate tail, with
remainders over. Chapman on the demise
of Scholes v. Scholes,
643
5. Where testatrix by will devised all her real
property to A. T. and E. O. (except what
she might mention in a codicil), means
except what she shall mention in a valid